Legal Question in Elder Law in New York

Death from deceptive ''alternative'' medicine

Hi, my father died a few months ago from prostate cancer. He refused chemotherapy because a ''homeopathy'' doctor told him that it would poison him. He believed the doctor and for months did not take any chemotherapy, even when pushed by his doctor and family. Is there some class action lawsuit I can join against cancer cures from deceptive ''cancer-curing'' homeopathy? Google has failed at providing me any legal information on fighting deceptive alternative medicine, so I wanted to ask a lawyer but I'm unsure where to go. If anything, providing a medicine to people that is provably false


Asked on 8/02/08, 6:28 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Death from deceptive ''alternative'' medicine

It sounds as though your father was within his rights to choose not to undergo chemo, which is indeed extremely toxic. The definition of "poison" could easily include chemotherapy; he could perhaps have prolonged his life with chemotherapy,

however, at what cost to the quality of his life?

If someone chooses to avail themselves of homeopathic "medicine" in the knowledge that the medical alternative is toxic, that is not deceptive.

While prostate cancer is treated successfully these days, you do not state at what stage your father was diagnosed.

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Answered on 8/03/08, 12:22 am


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