Can FDA order a medical expert to investigate a medical malpractice case?
- Lab GuyLv 61 decade agoFavorite Answer
The FDA is a regulatory federal agency. It has it's on consultants and legal team usually put in place to force compliance with FDA rules.
Medical malpractice is a case specific, doctor specific, medical, legal issue that bears no mandate from congress that the FDA get involved. The FDA does not enforce medical malpractice cases. Those are civil legal cases in which somebody sues the doctor for money or damages. The state medical boards would look at the case in or order to determine competence.
The FDA might get involved if a device maker caused a practitioner to make an error. They would then enforce proper labeling and warnings. That is one example where they might investigate the situation from a regulatory point of view.