Is the Treatment Beneficial, Experimental, or Futile?

D.T. a 35-year-old woman, was found to have breast cancer. At the time of mastectomy axillary lymph nodes were positive and the cancer was classified as adenocarcinoma, grade 4. The patient underwent conventional chemotherapy. When it became apparent the disease was metastatic, the patient's on...

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Bibliographic Details
Authors: Schneiderman, Lawrence J. (Author) ; Jecker, Nancy S. (Author)
Format: Electronic Article
Language:English
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Published: Cambridge Univ. Press 1996
In: Cambridge quarterly of healthcare ethics
Year: 1996, Volume: 5, Issue: 2, Pages: 248-256
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Summary:D.T. a 35-year-old woman, was found to have breast cancer. At the time of mastectomy axillary lymph nodes were positive and the cancer was classified as adenocarcinoma, grade 4. The patient underwent conventional chemotherapy. When it became apparent the disease was metastatic, the patient's oncologist contacted a well-known cancer center regarding the possibility of treating the patient with high dose chemotherapy and autologous bone marrow transplantation (HDC/ABMT). The patient's health insurance provider informed the patient, however, that the treatment—estimated to cost in the range of $150,000–200,000—was “considered experimental or research in nature” and therefore was not included in coverage. D.T. did not pursue this further. Approximately 2 years later, cancer was detected in the patient's spine. This time she applied to another well-known cancer center for HDC/ABMT. The cancer center agreed to accept her on the condition of proof of ability to pay for the treatment. Again her insurer refused coverage on the same grounds as before. D.T. found another source for the money, underwent treatment, then sued the insurance carrier. She sought a declaratory judgment that the treatment was covered under the insurance policy. The court ruled in favor of D.T. finding the contract phrase “considered experimental” ambiguous.
ISSN:1469-2147
Contains:Enthalten in: Cambridge quarterly of healthcare ethics
Persistent identifiers:DOI: 10.1017/S0963180100007003