# Off-label drugs in laryngology– what should the doctor and the patient know about such therapies? A consensus statement of the European Laryngological Society

## TL;DR

This paper discusses the medicolegal aspects of off-label drug use in laryngology and provides recommendations for informed patient consent and good practices.

## Contribution

The paper proposes special clauses for informed consent and outlines the role of scientific societies in shaping off-label drug practices.

## Key findings

- Off-label drug use is permitted under EU law but requires informed patient consent.
- Healthcare providers face higher legal risk with off-label prescriptions compared to on-label ones.
- Scientific societies can help define good practices and support healthcare providers legally.

## Abstract

Off-label drugs are being used in laryngology. Prescribing of a medicinal product is a decision taken within the relationship between a patient and his/her treating health care provider (HCP). The purpose of this article is to discuss the medicolegal aspects of off-label drug use, to provide recommendations for obtaining informed patient consent for off-label treatment and to propose the place and role of scientific societies and specialist boards in shaping good practices in this area. The final aim is to present recommendations concerning off-label usage and propose special clauses in informed patients consent.

The literature was reviewed regarding off-label applications in laryngology. Practical information on off-label use in various EU countries was collected.

Registration data and pharmacokinetics of cidofovir, bevacizumab, Gardasil®, hyaluronic acid and mitomycin are provided. Off-label prescribing is not prohibited by EU law. Informed consent to treatment with an off-label drug exists in all EU countries. The risk that a court will accept liability of a HCP in case of off-label prescribing is higher than in case of on-label prescribing. If a HCP is held liable for the outcome of a medical treatment, the approval by the competent authorities and professional guideline is a strong defense.

A patient’s precise, explicit consent for the procedures including off-label drugs administration is mandatory. The second prerequisite is defining a need for creating based on recommendations by national or international scientific societies.