Legal protection · 08
Using a drug outside its indication.
The law allows it in individual cases, under the doctor's responsibility, with information and consent from the patient and with a documentable scientific basis.
Information, not legal advice. Read on 12 October 2026.
Off-label use
The rule
1 of 3
Decree-Law 23 of 1998, Article 3, paragraph 2
"In individual cases the doctor may, under his or her direct responsibility and after informing the patient and obtaining the patient's consent, use an industrially produced medicinal product for an indication or route of administration" different from the authorised one, if he or she considers "on the basis of documentable data" that the patient cannot be usefully treated with authorised medicinal products, and "provided that such use is known and consistent with work published in internationally accredited scientific publications".
Read the textNormattivaOff-label use
The precedents
Filed on 9 June 2025
Court of Cassation, Labour Division, order 15327 of 2025
- The facts
- An anaesthetist doctor at a private clinic is dismissed. Among the charges: having used a drug off-label without specifically informing some patients. It is a labour case, not an aesthetic medicine case.
- What was decided
- The private clinic's appeal was rejected: the objection was late and the conduct was considered mild negligence. The off-label use appears among the charges, in the summary of facts.
Off-label use
What protects the physician
- A note in the medical record: the authorised indication, the one used and the reason.
- The reference publications.
- A specific written consent for off-label use.
- The reference linking the prescription to the archive.
In Fibonacci
- In the session, off-label use is noted together with its justification.
- Consent is generated for that treatment, and remains in the medical record with the session.
Off-label use
What these sources do not say
The law speaks of medicinal products. For devices, such as fillers used outside the intended purpose indicated by the manufacturer, we have not found an equivalent rule or case law. We have not found civil judgments on damage from off-label use in aesthetic medicine.
The sources
- Decree-Law 23 of 1998, Article 3, paragraphs 3-bis and 5Normattiva
- Code of Medical Ethics, Article 13FNOMCeO
- Court of Cassation, Labour Division, order 15327 of 2025ItalgiureWeb, SentenzeWeb: search by number and year
Read on 12 October 2026. Information, not legal advice.
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