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Is Spreading Medical Misinformation a Doctor’s Free Speech Right?

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Is Spreading Medical Misinformation a Doctor’s Free Speech Right?

When Gov. Gavin Newsom signed into legislation a invoice that might punish California docs for spreading false details about Covid-19 vaccines and coverings, he pledged that it might apply solely in essentially the most “egregious situations” of deceptive sufferers.

It might by no means have the prospect.

Even earlier than the legislation, the nation’s first of its sort, takes impact on Jan. 1, it faces two authorized challenges in search of to declare it an unconstitutional infringement of free speech. The plaintiffs embrace docs who’ve spoken out towards authorities and skilled suggestions in the course of the pandemic, in addition to authorized organizations from each side of the political spectrum.

“Our system opts towards a presumption that speech is protected,” stated Hannah Kieschnick, a lawyer for the Northern California department of the American Civil Liberties Union, which submitted a friend-of-the-court transient in favor of one of many challenges, filed final month in U.S. District Court docket for the Central District of California.

That lawsuit and one other, filed this month within the Jap District of California, have change into an extension of the broader cultural battle over the Covid-19 pandemic, which continues to divide People alongside stark partisan strains.

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They might additionally extra broadly take a look at what steps — if any — the federal government can take to fight the scourge of misinformation and disinformation, even in circumstances the place it impacts private and public well being.

The legislation, narrowly written in hopes of avoiding First Modification entanglements, would designate the unfold of false or deceptive data to sufferers as “unprofessional conduct,” topic to punishment by the company that regulates the career, the Medical Board of California. That would lead to fines, or a suspension or revocation of a health care provider’s license to follow within the state.

The California Medical Affiliation, which represents almost 50,000 physicians within the state, sponsored the laws, however the docs concerned within the two lawsuits argue that the legislation’s provisions stay each obscure and excessively intrusive.

They warn that the legislation’s definition of misinformation as falsehoods that violate “up to date scientific consensus” would stifle docs’ skills to advise sufferers actually in regards to the execs and cons of Covid-19 therapy and practices.

Republican-controlled states have gone in the wrong way. Texas has adopted a legislation to permit residents or the state’s legal professional normal to sue social media corporations for eradicating posts due to political factors of view. Authorized challenges to it — and one other in Florida involving candidates for elected workplace — have swung forwards and backwards and will attain the Supreme Court docket.

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The plaintiffs in California have sought injunctions to dam the legislation even earlier than it goes into impact, arguing that it was meant to silence dissenting views.

Considered one of them, Dr. Tracy Hoeg, a doctor and epidemiologist who works in Grass Valley, close to Sacramento, has written peer-reviewed research for the reason that pandemic started that questioned some features of presidency insurance policies adopted to halt the unfold of Covid-19.

These research, on the efficacy of masks for schoolchildren and the unintended effects of vaccines on younger males, uncovered her to vehement criticism on social media, she stated, partly as a result of they fell outdoors the scientific consensus of the second.

She famous that the medical understanding of the coronavirus continues to evolve, and that docs ought to be open to following new proof about therapy and prevention.

“It’s going to trigger this very broad self-censorship and self-silencing from physicians with their sufferers as a result of it’s not clear what we’re and aren’t allowed to say,” stated Dr. Hoeg, certainly one of 5 docs who filed a problem within the Jap District. “Now we have no manner of realizing if some new data or some new research that come out are accepted by the California Medical Board as consensus but.”

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The lawsuits spotlight the authorized hurdles dealing with states which have sought to curb misinformation or disinformation, particularly on-line. Whereas states managed by Democrats have sought to compel the social media giants to do extra to cease the unfold of conspiracy theories across the Covid-19 pandemic, Republican states have moved to punish the businesses for eradicating accounts primarily based on political factors of view.

Ethan W. Blevins, a lawyer for the Pacific Authorized Basis, a conservative authorized group that has criticized the legislation however just isn’t concerned in both problem, stated the state would have a burden to show that medical disinformation created precise hurt and that it was unfold intentionally.

“The Supreme Court docket has already stated many instances that false data remains to be protected below the First Modification,” he stated.

In a press release issued when he authorized the legislation on Sept. 30, Governor Newsom, a Democrat, acknowledged the problem of defending docs’ freedom of speech however stated the legislation narrowly centered on malicious intent and clear deviations from established requirements of care.

“I’m involved in regards to the chilling impact different potential legal guidelines might have on physicians and surgeons who want to have the ability to successfully speak to sufferers in regards to the dangers and advantages of remedies for a illness that appeared in simply the previous few years,” he wrote. “Nevertheless, I’m assured that discussing rising concepts or remedies together with the next dangers and advantages doesn’t represent misinformation or disinformation below this invoice’s standards.”

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The legislation’s supporters argue that it was wanted to guard sufferers from docs who had fueled skepticism about vaccines and masks mandates or inspired using medicine like ivermectin and hydroxychloroquine, which haven’t proved to be efficient towards the coronavirus.

Even so, lawmakers narrowed the laws’s scope to incorporate solely direct conversations with sufferers. Posts on social media, opinion articles or different public statements docs may make should not topic to the legislation.

The American Medical Affiliation has blamed disinformation for worsening the pandemic’s toll. In June, it adopted a coverage that, amongst different issues, known as for empowering state licensing boards to self-discipline docs who unfold it of their capability as well being professionals.

Dr. Jeff Barke, a doctor who has handled Covid sufferers at his workplace in Newport Seashore in Southern California, stated the legislation was an try by the state to impose a inflexible orthodoxy on the career that might rule out experimental or untested remedies.

These embrace remedies with ivermectin and hydroxychloroquine that he stated he had discovered to be efficient at treating the coronavirus, regardless of research suggesting in any other case. “Who determines what false data is?” he stated.

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Dr. Barke joined one other outspoken physician, Mark McDonald, in submitting the problem within the Central District Court docket final month, represented by two conservative authorized teams, Advocates for Religion and Freedom, and the Liberty Justice Heart. He stated they had been defending sufferers from a “big medical forms,” dominated by pharmaceutical lobbies and the state.

“What comes subsequent?” he stated. “How I speak to sufferers about most cancers? How I speak to sufferers about weight problems or diabetes or bronchial asthma or some other sicknesses? After they have a normal of care that they suppose is acceptable and so they don’t need me going towards their narrative, then they’ll say Barke’s spreading misinformation.”

Decide Fred W. Slaughter, who was appointed by President Biden and confirmed by the Senate in March, held a listening to on Dr. Barke’s case this month. He questioned attorneys on each side about whether or not the plaintiffs had standing within the case and whether or not the brand new legislation might regulate misinformation as a matter {of professional} conduct, versus speech.

“The statute is evident, particularly to skilled medical professionals who know what the usual of care is,” Kristin Liska, deputy legal professional normal for the state’s Division of Justice, advised the decide.

The problem within the Jap District is scheduled to be heard in December by Senior Decide William B. Shubb, who was appointed by President George H.W. Bush in 1990.

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Richard J. Baron, who heads the American Board of Inside Medication, stated the battle over medical misinformation and disinformation mirrored a deeper erosion of belief in society.

Sure varieties of data had been undoubtedly dangerous, Dr. Baron argued, and docs have an obligation to guard sufferers from them, no matter their political beliefs about public well being insurance policies.

“It’s the state that provides you a license, and it’s the state that assures that that license provides you lots of capability that individuals who don’t have that license don’t have,” he stated. “And with that comes the tasks of constancy to the neighborhood of consultants that generate issues like the usual of care that sufferers are entitled to.”

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Pizza for Weight Loss? Top MD Says This Dough Makes It Possible

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Pizza for Weight Loss? Top MD Says This Dough Makes It Possible



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Feeling hungrier than usual? Your sleep schedule could be the culprit, an expert says

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Feeling hungrier than usual? Your sleep schedule could be the culprit, an expert says

If you’ve been feeling hungrier than usual, it could be due to your sleeping habits.

Human hunger is tied to circadian rhythm, according to experts, which means not sleeping enough can cause a greater appetite.

Dr. Christopher Rhodes, a nutritional biologist in California, explained in a conversation with Fox News Digital that a body deprived of sleep “seeks out energy by way of food.”

AMERICANS NEED MORE SLEEP, LESS STRESS, EXPERTS SAY, AS GALLUP POLL REVEALS TROUBLING FINDINGS

“Sleep and eating are intimately linked due to their shared involvement in both metabolic signaling and your body’s circadian rhythms,” he said. 

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“Just as we train our body on when to expect sleep, we also train it on when to expect food based on our typical mealtimes and dietary patterns throughout the day, which becomes part of our daily circadian cycles.”

Human hunger is tied to circadian rhythm, according to experts, which means not sleeping enough can cause a greater appetite. (iStock)

Poor sleep disrupts hormonal signaling — particularly cortisol, which impacts “metabolic rate and the crucial hormones leptin and ghrelin,” according to Rhodes. 

These hormones are responsible for controlling hunger and the use of energy, he noted.

Extreme disruptions in circadian rhythm — like insomnia or “all-nighters” — can cause a “ripple effect” throughout the body, according to Rhodes.

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“Sleep and eating are intimately linked.”

“[This] can throw our natural rhythms out of whack and cause issues with our biological signaling, changes in hormone levels, chemical signaling and neuronal function,” he said.

“In turn, these imbalances can cause excess hunger and cravings as our body, deprived of the energizing effects of sleep, seeks to compensate by taking in more energy from food,”

woman lies awake in bed

Staying up late at night can throw off the body’s natural rhythm, according to experts. (iStock)

Low-quality sleep can also contribute to poor cognition and reduced brain function, which reduces impulse control, the expert noted.

When these effects are combined with added cravings, and as the body “desperately seek[s] ways to fuel itself,” that can lead to excess food consumption, Rhodes warned.

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Curbing cravings

While it may be difficult to ignore cravings, Rhodes suggested some healthy ways to break the cycle of increased hunger and poor sleep.

It’s best to avoid snacking at bedtime, he said, as energy from snacks can keep you awake.

TYPE 2 DIABETES A MUCH GREATER RISK FOR ‘NIGHT OWLS’ THAN FOR EARLY BIRDS, A ‘STARTLING’ NEW STUDY FINDS

“By and large, the best bedtime snack is none at all,” Rhodes said. “Food intake immediately before bed will cause a rush of nutrients and energy into your system, which can disrupt the natural circadian signaling that helps govern your sleep cycles.”

“Moreover, food before bed can often set off cravings for more food, which can further disrupt your sleep,” he continued. “Small snacks are typically not enough to meet our body’s satiety thresholds and can lead to more hunger throughout the night.”

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Woman eating a doughnut and drinking soda in her kitchen

“It’s best to avoid the canonical ‘midnight munchie’ foods like junk food, cookies, ice cream, pizza and especially alcohol,” the expert said. (iStock)

It’s best to eat at least four to six hours before falling asleep, according to Rhodes, to allow the body to fully metabolize food and store excess energy that could disrupt sleep.

“Focus on foods that have a low glycemic impact and are slow digesting — like lean proteins, healthy nuts or fibrous veggies — to avoid blood sugar spikes,” he said.

LACK OF SLEEP COULD BE A FACTOR IN A ‘SILENT EPIDEMIC,’ EXPERTS WARN

It’s also best to avoid the traditional “midnight munchie” foods like junk food, cookies, ice cream and pizza, he advised — “especially alcohol, as it has been shown to have particularly adverse effects on sleep quality.”

Despite the preconceived idea that breakfast is the most important meal of the day, Rhodes suggested following your body’s natural hunger cues. 

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“Breakfast is just another meal like any other, and not the end all be all of your daily well-being,” he said.

woman sits in front of an empty plate.

“If you don’t feel hungry in the morning, it’s best to just follow your body’s natural cues than to force yourself to eat a meal out of obligation,” Rhodes advised. (iStock)

“If you don’t feel hungry in the morning, it’s best to just follow your body’s natural cues than to force yourself to eat a meal out of obligation.”

There may be health benefits for some people who cut breakfast out of their diet, Rhodes mentioned, as studies have shown that intermittent fasting can have positive effects on blood glucose control, cognition and cholesterol levels.

WANT TO BE A MORNING PERSON? THESE 6 EXPERT TIPS MAY GET YOU THERE

One easy way to boost energy and satiety throughout the day is to drink hot green tea or other balanced energy drinks that contain caffeine and L-theanine, to “provide sustained energy without jitters or a crash,” Rhodes said.

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You sleep how you eat

The food you choose to eat can determine the quality of your sleep, according to experts.

“Quality of sleep can be altered by a number of nutritional factors, including blood glucose spikes, total caloric intake, vitamin and nutrient deficiencies, supplements, meal timing and more,” Rhodes said. 

“Insomnia and poor sleep quality have been linked with a higher risk of obesity in many studies.” 

Eat sleep split

The food you eat can determine the quality of your sleep, according to experts. (iStock)

It’s also important to avoid deficiencies in vitamins A, C, D, E, K, calcium and magnesium, which can affect sleep quality.

“Of these, magnesium supplementation may be the most beneficial, as it’s estimated that 75% of Americans are currently deficient, and magnesium supplementation is well-known to promote calm and support sleep quality,” Rhodes added.

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“Insomnia and poor sleep quality have been linked with a higher risk of obesity.”

The most important aspect of maintaining good sleep and eating habits, regardless of lifestyle, is staying as consistent as possible in your day-to-day schedule, according to Rhodes.

“Stabilizing your circadian rhythms will help to improve cognition, mood, hunger signaling and sleep quality by avoiding the hormonal, chemical and neuronal disruptions that can be caused by inconsistent circadian signaling,” Rhodes said.

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“Eating the same meals in the same amounts at the same time every day and maintaining a consistent sleeping schedule will help retrain your body’s circadian rhythms and signaling, so that your atypical work and eating hours will become normal to your body.”

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The expert suggested large batch meal prepping as a way to cut down on time spent cooking while also ensuring a “healthy, consistent meal” on hand when needed.

Woman preparing a nutritious meal in advance

Meal prepping is a great way to save time and ensure nutritious food intake, Rhodes said. (iStock)

For even better sleep, Rhodes recommended buying tools such as earplugs, night masks or blackout curtains to avoid distractions.

“If needed, a melatonin supplement can help you fall asleep faster and stay asleep longer, and helps to accelerate adaptations to new sleeping schedules by normalizing sleep hormone production and circadian signaling,” he added.

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Melanoma patients reveal dramatic stories for Skin Cancer Awareness Month: ‘I thought I was careful’

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Melanoma patients reveal dramatic stories for Skin Cancer Awareness Month: ‘I thought I was careful’

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Skin cancer is the most common type of cancer in the U.S. — with one in five Americans developing the disease by the age of 70.

Melanoma is the deadliest form of skin cancer, expected to take the lives of more than 8,200 people in the U.S. this year.

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This May, for Skin Cancer Awareness Month, two melanoma patients are sharing their stories of how they overcame this invasive form of the disease.

SKIN CANCER CHECKS AND SUNSCREEN: WHY THESE (STILL) MATTER VERY MUCH FOR GOOD HEALTH

One even wrongly assumed that what she was experiencing “was just a normal part of aging and sun exposure.” Here’s what others can learn.

What is melanoma?

Melanoma is a type of skin cancer that starts in the melanocytes, which are the cells that produce the skin’s pigmentation (color).

Most cases — but not all — are caused by exposure to ultraviolet light. Melanoma can affect people of all skin tones and types.

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“Melanoma is one of the most common type of cancer in younger patients,” Nayoung Lee, M.D., assistant professor of dermatology at NYU Langone Health, told Fox News Digital.

Abby Weiner, pictured at left and at right with her husband and sons, was diagnosed with melanoma in Oct. 2023.  (Abby Weiner)

The prognosis is “very good” when melanoma is detected early, but the survival rate falls steeply when it is detected at a more advanced stage, she noted. 

“Melanoma can spread through the bloodstream to your lymph nodes and distant organs, so it is crucial to do regular skin exams to try to catch it at an early stage,” Lee said.

One mom’s story

Abby Weiner, 43, a wife and mother of three young boys living in Washington, D.C., had always been careful about protecting her skin from the sun — which is why her Oct. 2023 melanoma diagnosis was such a shock, she said.

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“I had a spot on my cheek that started as a freckle and began getting darker and larger,” she told Fox News Digital. 

“I assumed it was just a normal part of aging and sun exposure.”

VACCINE FOR DEADLY SKIN CANCER SHOWS ‘GROUNDBREAKING’ RESULTS IN CLINICAL TRIAL

Weiner’s sister encouraged her to get it checked out — which led to a biopsy and diagnosis. 

“I was obviously shocked and frightened at first,” said Weiner.  

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Her melanoma was removed using Mohs surgery, a procedure in which thin layers of skin are removed one at a time. 

“I required two procedures to remove the cancer and surrounding margins,” she said. “Now, most people don’t even know I had surgery.”

To others, Weiner’s advice is to remember to seek shade, wear sun-protective clothing, and apply a broad-spectrum, water-resistant sunscreen with an SPF of 30 or higher on a daily basis all year long. 

“If we were eating outdoors and there wasn’t a table in the shade, I would end up sitting in the sun.”

“I thought I was careful about protecting myself from sun exposure by wearing a hat or applying sunscreen when my family was at the pool or planning to be outdoors — but if we were eating outdoors and there wasn’t a table in the shade, I would end up sitting in the sun.”

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Now, Weiner said she will wait a little longer for a shaded table, and she always keeps a hat and sunscreen with her.

“My sons used to have difficulty applying sunscreen and wearing hats, but now that they’ve seen the impact skin cancer had on me, they are more cooperative,” she said.

CANCER SCREENINGS: HERE ARE 5 TYPES AND CRITICAL INFORMATION TO KNOW ABOUT EACH

Weiner also recommends that everyone gets yearly skin checks with a board-certified dermatologist

“I have so many friends — and even my sister, who probably saved my life — who didn’t regularly see a dermatologist for a yearly skin check before they learned about my melanoma.”

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One beach lover’s story

Steve Murray, 68, of the greater Washington, D.C. area, has worked in construction for several decades. 

During his childhood, Murray spent summers at the beach in Ocean City, New Jersey, and winter visits to Florida, where he was exposed to the sun and didn’t do much to protect himself.

In the late 1990s, Murray was diagnosed with basal cell carcinoma, the most common type of skin cancer, and squamous cell carcinoma, a variation of skin cancer that tends to develop in people who have had a lot of sun exposure.

In 2008, he was diagnosed with melanoma.

“My initial symptoms included itching and scaling on my head, followed by irritation,” he told Fox News Digital. 

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“Then there was discoloration and irregularity in the shape of my moles.”

“You don’t notice at the time of initial exposure, but it haunts you later in life.”

Initially, Murray feared the worst — “mainly death” — but his dermatologist determined that the melanoma was only on his scalp and hadn’t traveled to his lymph nodes.

Like Weiner, Murray had Mohs surgery to get rid of the cancer — and he was cleared.

VIRGINIA HIGH SCHOOL STUDENT CREATES SOAP TO FIGHT SKIN CANCER, IS AWARDED $25K: ‘REMARKABLE EFFORT’

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Since that diagnosis, Murray has had several more bouts of skin cancer.

In 2024, he underwent two surgeries for squamous cell carcinoma on his hand and back. 

Now, Murray visits the dermatologist every three to six months. Also, he always wears a hat, sunscreen and long sleeves whenever possible to protect himself from the sun.

Abby Weiner

Abby Weiner is pictured with her three young sons. “My sons used to have difficulty applying sunscreen and wearing hats, but now that they’ve seen the impact skin cancer had on me, they are more cooperative,” she said. (Abby Weiner)

Murray’s advice to others is to make sun protection a priority when outdoors.

“You don’t notice at the time of initial exposure, but it haunts you later in life when you start developing pre-cancers and skin cancers like squamous cell carcinoma and melanoma that require immediate attention,” he told Fox News Digital.

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“Capturing these pre-cancers and cancers of the skin must be diagnosed early with regular checkups,” he added. “Failure to do so could lead to death.”

5 protection tips from an expert

Dr. Lee of NYU Langone Health shared five tips to help prevent potentially deadly skin cancers like melanoma.

1. Skip the sunbathing

“Avoiding a burn is really only half the battle — there is no such thing as a base tan,” Lee said. “Damaged skin is damaged skin.”

For a safer way to achieve a sun-kissed glow on your first beach day of the summer, Lee recommends using self-tanning products.

2. Wear sunscreen every day, in all weather and in every season

When applying sunscreen, Lee recommends using 1 ounce, which would fill a shot glass. 

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IF YOU OR YOUR CHILDREN HAVE FRECKLES, HERE’S WHAT YOUR SKIN IS TRYING TO TELL YOU

“It should have a sun protection factor (SPF) of 30 and say ‘broad-spectrum’ on the label, which protects against the sun’s UVA and UVB rays,” she said. 

Reapply at least every 80 minutes, or more often if you’re sweating or swimming.

3. Use physical sunscreen

Physical sunscreen contains zinc or titanium, which is superior in efficacy to chemical sunscreen, according to Lee.

4. Learn how to do a skin self-exam

“Check your skin regularly so you know what’s normal and to notice any changes or new growths,” Lee advised. 

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Skin check

“Not all melanomas are dark and scary-appearing,” a doctor said. “They can be amelanotic, which means they can be more skin colored or pink.” (iStock)

“Seek a dermatologist’s evaluation if you notice a changing, bleeding or persistently itchy spot.”

5. Apply the ABCDE rule

This is the best way to determine if any mole or blemish is cancerous, according to Lee. 

The ABCDE rule tells you what to look for when examining your skin

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The A stands for asymmetrical. “Noncancerous moles are typically symmetrical,” Lee said. 

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B is for border, as the border of a cancerous spot or mole may be irregular or blurred. 

The ABCDE rule is the best way to determine if any mole or blemish is cancerous, according to a dermatologist. (iStock)

C stands for color. “A typical mole tends to be evenly colored, usually a single shade of brown,” Lee noted. 

“Not all melanomas are dark and scary-appearing. They can be amelanotic, which means they can be more skin colored or pink.”

D stands for diameter of the spot or mole, which may be a warning sign if it’s larger than 6 millimeters, according to Lee.

If the spot is evolving, which is what E stands for, it might be of concern.

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Lee added, “Because melanomas can vary in appearance, it is important to see a dermatologist regularly for skin exams if you have a history of significant sun exposure, have many atypical appearing moles, or a family or personal history of melanoma so that you have an experienced set of eyes looking at any spots of concern.”

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