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The Rest of the Story

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).

Ironically, Stan Glantz criticized the study specifically because it examined the effect of electronic cigarettes on quitting among smokers who desired to quit. According to an in the New York Times: "Stanton A. Glantz, a professor of medicine at the University of California, San Francisco, said the study’s limitation was that it tried to measure the effect of e-cigarette use only among smokers who were trying hard to quit, not all smokers."

I agree, except that I would characterize the material from which Dr. Frieden is inventing these "facts" not as whole cloth but as cloth full of holes, more like a piece of Swiss cheese.


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