Can patients with a recurrence of cancer sue

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Assignment

Patient Offered New Cancer Treatment

Harriet Abeline had faced bad news before. She was diagnosed with breast cancer five years ago and underwent a lumpectomy and radiation treatment. Two years later, a routine mammogram revealed another lump. She faced this challenge with similar treatment.

Harriet understood medicine; for years she had worked as a recruiter for a major drug company interviewing and hiring scientists and physicians. The company was a reputable and honest business and developed drugs that were used all over the world.

So with each recurrence of cancer, she researched her situation and the available drugs being used for treatment. With each Google search, she read about the experimental treatments that were available for end-stage breast cancer, keeping them in the back of her mind.

Now, as her doctor told her that the cancer had spread to her bones, Harriet was frightened. Dr. Hill understood her fear. She had been working with cancer patients for years and lately, had been using some of the newer treatments available for late-stage cancers.

She told Harriet that she could enter an FDA phase 2 clinical trial for a new genetically engineered drug that would target her specific type of tumor. Harriet knew that phase 2 trials are designed to test for side effects and risks of the treatment. She also knew there was no guarantee that the treatment would cure her cancer.

PART 1

Scenario

Can Harriet sue?
YES or N

Name one argument that can be used in a court case brought by Harriet

Harriet gets into the trial but it doesn't work

 

 

Harriet gets into the trial but she has a hard time and wants to quit

 

 

Harriet is turned down by the trial (reason: she is too old)

 

 

Her doctor refuses to send her name to the study

 

 

Her doctor doesn't even tell her about the study

 

 

She finds out about the study and sends a letter to them herself

 

 

She finds out the doctor doing the study has a string of bad studies.

 

 

PART 2: Research and find TWO clinical trials going on NOW. Give the following information.

Condition and drug being tested, stage of the trial, # of people in the trial, where are they doing this?, is there a drug company involved?

PART 3: Not so long ago, a medical doctor did an interesting trial. He was a breast surgeon and wondered about 2 different treatments.

ONE: removal of affected breast and surrounding tissue (mastectomy)

TWO: removal of the area around the lump, and the lump itself, and test the cells to be sure he/she got all of the ca. (lumpectomy)

It turned out the results showed both treatments had similar successes.

After he published his findings, many, many breast surgeons recommended lumpectomies for their patients and the patients were happy because they avoided more extensive surgery.

Our Doctor became the expert on lumpectomies. This situation went on for 10 years.

Another group of specialists (oncologists) began worrying about their patients who had relapses after a lumpectomy. First thing they did was REREAD our doctor's results, then they surveyed other doctors. They found he had faked his results in favor of lumpectomies.

QUESTIONS

Can patient's with a recurrence of cancer sue? Why or why not?
What punishment should be given to our doctor?
Many women had to undergo MORE surgery to remove the entire breast.

Reference no: EM131474279

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