In fact, this is precisely the way some are interpreting these findings. One on the study is entitled: "Think smoking outdoors always protects others? This study suggests not."

It is certainly not medical malpractice to advise patients not to use electronic cigarettes, because these products are not yet the standard of care in medical treatment for smoking dependence. However, to tell patients not to use electronic cigarettes because they may be more dangerous than cigarettes is clearly negligent, and in my opinion it rises to the level of malpractice if it ends up causing medical harm (i.e., a smoker who is misled by this advice and decides not to quit smoking because of the advice).

In order to represent informed consent, there are several other elements which must take place. These are best by Professor James Grimmelmann over at :

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