Fair enough. Does anyone know if this is true in Britain as well? It seems that even if you're not breaking the law you must at least be breaking codes of practice if you prescribe something with no evidence to back it up.
I believe off-label use is legal in Britain (and most of the rest of the world) as well, and for the same reason. The drug regulation process is slower than the scientific research process.
On the other hand, "malpractice" is not really defined by "the law." In technical terms, malpractice is generally a civil offense --- I sue you directly for hurting me via delivering sub-standard care -- while "breaking the law" usually refers to criminal matters, resulting in the Crown prosecuting you. If you prescribed a drug for me off-label, and something went horribly, horribly, wrong, the fact that you had written an off-label scrip would be one of the pieces of evidence that I would introduce to help support my contention that the care had been substandard.
Presumably you would introduce the reasons you figured that the drug was appropriate. If you don't have any reasons, God help you with the jurymen. On the other hand, a simple statement like "this drug has been successfully and safely used with adults for decades, but no studies have been done about its use on geriatric patients; The patient simply had a previously unsuspected allergy to the active ingredient in the drug" is likely to be an argument the jury will accept.
The ethics of off-label prescribing have been a topic of a lot of debate in the medical profession. Few would argue that it shouldn't happen, but a lot of people would like to see some regulation and restriction.
This article, although centered on the USA, not Britain, defines and describes a lot of the issues.
The basic idea, though, that everyone seems to support, is that a physician who genuinely has the patient's best interests at heart and has a rational basis, even if not formal evidence, supporting the off-label use should be able to use the drug in any manner she sees fit.