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The US Public Health Service “treating tobacco use and dependence clinical practice guidelines” as a legal standard of care
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  • Published on:
    Experience/performance may impose a duty to ignore pharmacology
    A legal duty to ignore cessation pharmacology

    After nearly two-fold efficacy over placebo in most clinical studies, NRT has proven no more effective than quitting without it in all real-world quitting surveys conducted since adoption of the June 2000 Clinical Practice Guideline (CPG): Minnesota 2002, California 2003, London 2003, Quebec 2004, Maryland 2005, UK NHS 2006, and Australia 2006.[...

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    Conflict of Interest:
    None declared.
  • Published on:
    Re: Legal Reasoning in Malpractice Article is Sound, and the Threat Should Be Taken Seriously

    As the public interest attorney and law professor who first developed the concept of using legal action as a weapon against the problem of smoking (e.g., getting antismoking messages on TV and radio, driving cigarette commercials off the air, starting the nonsmokers’ rights movement, etc.), I was delighted to read a paper suggesting the feasibility of using legal action to more effectively prod physicians to warn patient...

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    Conflict of Interest:
    None declared.
  • Published on:
    Legal Reasoning in Malpractice Article is Not Sound

    I find the argument provided in the paper to be non-compelling because it fails to provide any reasonable argument for how the 3rd showing in a medical malpractice case - that there is a causal relationship between the breach of duty and the incurred injury - could possibly be met in a smoking malpractice case. This would require proving to the jury that the physician's failure to warn the patient to quit smoking was th...

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    Conflict of Interest:
    None declared.