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Published 6 January 2009, doi:10.1136/bmj.a3091
Cite this as: BMJ 2009;338:a3091
Ned Stafford
1 Hamburg
| The first 150 words of the full text of this article appear below. |
A decision by Switzerlands highest court to overturn a doctors conviction for failing to treat effectively "several patients" with cancer has been described as "a judicial scandal with disastrous ethical and medical implications" by a patients rights group.
However, the Swiss Medical Associations top lawyer disagrees, saying that strict new laws will prevent similar cases in the future.
According to a judgment, issued 20 June 2008 by the Swiss Federal Court, an oncologist practising in Basel, referred to as X, treated at least 186 patients for breast or other cancers in 1998 and 1999 with lipoteichoic acid (LTA), which was manufactured by his company, although it was not licensed for such treatment. The standard treatment for some of the patients was tamoxifen, but in some cases this was stopped by Dr X in favour of lipoteichoic acid.
One of the patients, known as Mrs Ad, was central to the case.
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