In France, drugs are commercialized after obtaining marketing approval. The
re are some situations however in which clinicians are authorized to prescr
ibe drugs outside the limits set by the approval document. Clinicians must
comply with certain number of regulations.
Compliance with prescription modalities, particularly precautions concernin
g prescription writing or the patient's informed consent, is mandatory. Alt
hough patients cannot be reimbursed for drugs prescribed outside the approv
al limitations, they may nevertheless benefit from special dispositions: te
mporary approval for use and experimentation within the framework of the Hu
riet law
We analyze here the question of liability in case of drug prescriptions out
side approval limitations, discussing the issues of civil and penal law and
patient reimbursement.