Is there a doctor in the house? Using failure-to-warn liability to enhancethe safety of online prescribing

The ability to obtain prescription medications over the Internet without a proper prescription has inflamed regulators nationwide. Federal and state o fficials alike have proposed a host of new laws and regulations that attemp t to limit this burgeoning phenomenon. Yet premature regulation of Internet prescribing could prevent consumers from realizing the tremendous benefits the Internet might one day provide to the American health care delivery sy stem. In this Note, Chester Chuang argues that subjecting Internet prescrib ing to a traditional failure-to-warn liability framework, rather than to ad ditional regulations, adequately will ensure patient safety while allowing for the necessary innovations that will legitimize the distribution of pres cription medications over the Internet. He suggests that pharmaceutical man ufacturers can satisfy their duty to warn by contractually obligating websi tes that dispense prescription medications to implement comprehensive patie nt information systems. Chuang concludes that the proper application of thi s framework to these patient information systems will make certain that pha rmaceutical manufacturers strike the proper balance between patients' healt h and safety concerns and the possibilities of Internet prescribing.