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The definition of "experimental treatment" varies from policy to policy.
In general, an experimental treatment is one which is not generally accepted in the medical community. For instance:
- Treatments which are undergoing clinical trials.
- Treaments for which there are no relevant articles in peer reviewed medical journals (journals in which articles are reviewed by other experts in the relevant field).
- A treatment which does not have the support of the majority of medical practitioners in the relevant field.
- A treatment which is being used in another way than has been approved by the FDA or is in general use for the particular medical situaiton.
- A treatment which is being used in a different body area than the use generally accepted in peer reviewed medical journals.
- A drug which is used "off label" - the intended use differs from the FDA approved use.
If the wording of "experimental treatment" is not clear, courts tend to interpret the definition in favor of the insured.
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