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 their colleaques_ and, uitimately_ by the states and society at
 At an initial level, dete_ination of whether a doctor_
 in making a treatment decision has acted properly, is governed by
 the law of medical malpractice. Indeed, medical malpractice
 adoptsthe standard of _accepted medical use m in resolving just
 this decision_ Thus, a court will consider whether a doctor's
 employment of a drug has a _currently accepted medical use. w_-_/
 _i Accepted medical use in this context is demonstrated by proof
 that a school of thought has developed with respect to the use of
 a particular drug in treatment in the appropriate medical
 • '_ community. _// Since many legitimate schools of thought may exist
 with respect to the appropriate treatment for a condition, the
 opinion ofa Nrespectable minority _ of _he medical community is
 sufficient to demonstrate acceptance in the particular case. 3-8/
 Applying this standard, courts look to _e testimony of patients,
 physicians, researchers_ and other experts in an effort to
 resolve the question°
 The legislative history of the provision clearly
 supports this interpretation. During hearings before the House
 ___/ As discussed, _prA, p_ 9 no 28_ FDA, ands for that
 matter, the entire Federal Government, has little or no authority
 to regulate the practice of medicine°
 _6/ e_ _Ch e v c _ 505 F.2d 489 (6th Cir. i974)_
 _rey v_ Thomas Jefferson University o_hiJ_l_ 472 A.2d 1083 (Pao
 Super_ Ct. 1984); Baldor v. Ro_ers, 81 So. 2d 658 (Florida,
 1954), rev'd o_ ot_ g round_ 81 SOo 2d 661 (1955) o
 !7/ Furev_ ___P2__.

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