State Board of Registration for the Healing Arts v. McDonagh
Supreme Court of Missouri
123 S.W.3d 146 (2003)
Relevant factsFree
Osteopathic physician McDonagh (defendant) used off-label EDTA chelation therapy to treat atherosclerosis and other vascular conditions despite published studies questioning its efficacy and an AMA position calling it experimental, obtaining informed consent from patients; the State Board (plaintiff) filed a 13-count complaint alleging endangerment, but the Administrative Hearing Commission found no evidence of harm and declined discipline, a decision the circuit court affirmed.
IssueFree
Whether the appropriate standard of care for determining a physician's repeated negligence is the degree of skill and learning used by members of the profession generally treating similar conditions.