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1996

Cleveland State University

Experimental treatment exclusions

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What Is Experimental Medical Treatment: A Legislative Definition Is Needed, Melody L. Harness Jan 1996

What Is Experimental Medical Treatment: A Legislative Definition Is Needed, Melody L. Harness

Cleveland State Law Review

This note focuses on the highly publicized coverage disputes involving HDCr/ABMT for the treatment of breast cancer to illustrate the problems inherent in courts judging medical technology and legislatures politicizing medical technology. The problems exist, however, with respect to every developing medical technology for which there is no consensus on its safety and effectiveness. Part II of this note depicts the typical scenario involving a patient with metastatic breast cancer. Part III outlines the drug approval process and off-label drug use. Part IV describes HDCT/ABMT treatment and discusses the lack of consensus regarding its efficacy for the treatment of breast …