Hi Snowshoe. Yes, it is at the discretion of the patient whether to fill the prescription and take the medication. I am not advocating that anyone necessarily go after the physicians, but in contrast to going after the pharmaceutical companies, this might seem more logical to me.
I have had physicians, when I queried them about the side effects of a medication they prescribed, tell me to basically ignore those, that they won't happen. I've also had a physician tell me that the problem (i.e. side effect) I was suddenly experiencing after commencement of a medication was not from the medication and that “it couldn't be from the medication”. Yet the problem was listed in the literature as a side effect. Sure seems like the physician would be liable. Doesn't make much sense to “go after” the pharmaceutical company after the physician reassured me that nothing would happen/go wrong. They must be soothsayers too!
The problem I have with the pharmaceutical companies is some of their tactics and some of their motives when you scrutinize a medication like these biophosphonates. Basically they take the approach that if oversight doesn't force them to take a medication off the market in light of serious problems or side effects, then it is OK to continue to market and sell it. Osteonecrosis (bone death) is not the same thing as something like a headache, dizziness, constipation, etc. that abates when the medication is discontinued and is out of the patient's system. Evidence continues to mount that it is seriously problematic, yet they basically look the other way. It easily makes one a disbeliever any time they speak of corporate ethics or guiding moral principles.
However, as long as there continues to be demand for such potentially destructive products (how much of that demand is manufactured is debatable), it seems doubtful that anything will change. Additionally, as long as the governing oversight bodies can be influenced (read: bought) by groups lobbying on behalf of corporate entities and doctors unions, again it is doubtful that anything will change.