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).

The Rest of the Story

(See: Grana R, Benowitz N, Glantz SA. E-Cigarettes: A Scientific Review. Circulation 2014; 129: 1972-1986.)

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