Nursing Homes Medical Malpractice Lawyer (2023)

Nursing Home Negligence Cases Involving Medical Malpractice

Nursing Homes Medical Malpractice Lawyer (1)Most nursing facilities provide various services to their residents. Skilled nursing homes help residents with activities of daily life based on the residents' needs.

Medical staff members also work at the facility, including physicians that provide proper care for residents' medical needs.

A Nursing Home Malpractice Attorney Can Help

The personal injury attorneys at Nursing Home Law Center LLC can help you with medical malpractice cases against nursing homes. Our legal team is well-versed in comprehensive negligence laws and how they apply to nursing centers, rehab facilities, and assisted-living homes.

Contact our nursing home negligence lawyers at (888) 424-5757 today for immediate legal advice during a free case evaluation.

Did your loved one's nursing home fail to provide the appropriate medical care, leading to elder abuse are medical malpractice? Let us review your case to determine the extent of your damages and file a claim or lawsuit on your behalf.

Nursing Home Medical Malpractice Injuries FAQs

Can I Sue a Nursing Home for Malpractice?

Families place loved ones in nursing facilities to ensure they receive the best care, hoping the facility's staff handles unique medical needs appropriately. Nursing medical malpractice is never acceptable in cases that involve:

  • Prescription medication mistakes including not checking deadly med interactions or failing to administer the drug according to the doctor's orders
  • Abusive use of medical and chemical restraints
  • Failing to provide the resident with necessary medical device equipment
  • Poorly trained staff
  • Ignoring the patient's medical concerns
  • Failing to arrange care by registered nurses and doctors

What Are the Four Elements of a Medical Malpractice Claim?

To win a medical malpractice claim in a court of law, the victim, or their attorney, must prove the four elements of the case. The physician, medical team, our nursing staff negligently rendered care resulting in negligence.

The case would involve:

  • The healthcare professional owed a duty of care to the patient
  • The professional breached their duty
  • Their breach of duty caused the patient's injuries
  • The breach resulted in the victim's damages

What Is an Example of Malpractice in Nursing?

Nurses facing a malpractice allegation likely failed to perform their required duties that might include:

  • Not documenting the patient's activities and procedures
  • Failing to follow the established standard of care
  • Not using medical equipment and devices responsibly
  • Failing to assess, monitor, and supervise the patient's condition
  • Administering the wrong drug to the right patient, the right drug to the wrong patient, the wrong dose, or not administering medication when prescribed by the doctor

Why Is Malpractice Important in Nursing?

Healthcare professionals might be negligent in their actions toward patients without any intent to harm. Nursing malpractice is usually defined as a preventable event by the nursing staff that could have been avoided by an effort to provide an established standard of care.

Nursing malpractice harms patients when the staff fails to administer the right medication, type, or dose or take other actions when necessary to ensure the patient's well-being. Typically, the doctor, nurse, or certified nursing assistant could be held legally responsible for malpractice, as could the nursing facility that hired, supervised, and monitored the nursing staff.

What Is the Difference Between Clinical and Medical Negligence?

Negligence occurring in a nursing home setting refers to mistakes or errors that were unintentional or caused by carelessness without any intent to harm. The difference between clinical and medical negligence refers to where the negligent act occurred.

(Video) How to Find Nursing Home Malpractice Lawyers in Your State

Medical negligence usually occurs in a doctor's office or hospital setting. Alternatively, clinical negligence happens in nursing homes, assisted living facilities, and rehab centers.

Differentiating medical and clinical negligence could be crucial in successfully resolving a claim or lawsuit. A nursing home neglect attorney will build a case on the nurse or doctor's failure to provide appropriate treatment to the patient, leading to the victim's harm.

What Constitutes Malpractice in a Nursing Home?

Injured victims should seek financial compensation through a medical malpractice lawsuit filed against nursing professionals who failed to follow the established standard of care. For example, the patient might have been injured by the nurse's failure to follow appropriate fall procedures and not administer medications at the required time.

The nurse might not have checked the patient's vital signs or increase monitoring when required. Any reckless or negligent act by the nursing staff could be considered malpractice or neglect.

How to Prove a Medical Malpractice Case Against a Nursing Home

The same general rules of regular medical malpractice apply when a nursing home must defend against the claim. Below are the elements that must be proven in a medical malpractice lawsuit against a nursing home.

Below are some elements found in any negligence case.

  • The nursing home owed a duty of care to the resident – the patient's residency in the nursing home proves the facility had a duty of care that will likely not be an issue that is contested at a trial.
  • The nursing home breached its duty of care – Defense attorneys will likely contest the second element of the case, breaching a duty of care. In other words, a plaintiff must show that the nursing home medical staff did not act like a typical nursing home would in similar circumstances.

The plaintiff must show how typical nursing facilities would have provided mistake-free professional care based on an established standard of care. The negligent nursing home (defendant) failed to do so.

  • The plaintiff suffered injury – Again, given the circumstances, evidence of injuries is the most specific element to prove and will likely not be where the case is won or lost. Most serious injuries suffered by residents of the facility seem apparent, like pressure sores (bed sores), broken hips, or other signs of nursing home abuse.
  • The nursing home's actions caused the injury – This element of the case might cause a legal difference of opinion. The nursing home's lawyers will invariably claim that whatever injury that plaintiff had would have happened anyway. In other words, the nursing home will say that the injury resulted from whatever existing medical issue the resident has as opposed to the actions of the nursing home's physician.

Alternatively, the nursing home will argue that the resident might have suffered the injury at whatever hospital they were being treated before they were sent to the nursing home.

Medical Negligence in a Nursing Home Setting

Medical malpractice at rehab centers is often detected in different forms like a lack of medical treatment, understaffing problems, unexpected weight loss, sexual abuse, broken bones, physical abuse, malnutrition, medication errors, and the common signs of emotional abuse.

It is plausible to claim that nearly all legal actions against a health care facility, including pressure ulcers and other nursing home neglect cases, can be a medical malpractice case. Alternatively, the specifics of the medical care could be at issue in the legal proceedings.

For example, the physician could have missed a medical issue by failing to diagnose it and obtain the resident's proper treatment. Another example would be when the physician gives the resident treatment orders, but the staff fails to follow those orders in whole or in part when treating the resident.

Another example is when a caregiver fails to communicate changes in the resident's condition to the physician so the medical professional can diagnose and treat the condition.

(Video) How to Find a Nursing Home Malpractice Lawyer in Maryland

Regulatory Standards for Medical Care to Patients in Nursing Homes

There are regulatory standards prescribed for the routine standard of care. Specifically, federal regulations mandate that a nursing center or assisted living facility follow the described Code of Federal Regulations when providing medical care.

This standard is that nursing homes "must provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident following a written plan of care."

Of course, what constitutes a breach of the duty of care is a matter at issue in each case. There is even a section in the Code of Federal Regulations that gives some more specific guidelines for individual areas of care. For example, residents must be seen by a physician "at least once every thirty days for the first ninety days after admission, and at least once every sixty days thereafter."

At the visit, the physician must:

  • Review the resident's total program of care, including medications and treatments
  • Write, sign, and date progress notes at each visit; and
  • Sign and date all orders except influenza and pneumococcal vaccines, which might be administered per physician-approved facility policy after an assessment for contraindications.

Given the broad scope of what can be considered medical malpractice in a nursing center or long-term care facility, accurate statistics are hard to come by. Medical malpractice will often be but one charge in a nursing home abuse case containing multiple claims.

For example, the resident could have developed pressure ulcers that became severely infected. There might have been a medical error or the failure to provide the resident's appropriate medical care.

However, in other abuse cases, the medical error could be the primary cause of the resident's injury.

Sample Medical Malpractice Lawsuits & Settlements Against Nursing Homes

Below are some examples of successful lawsuits filed against nursing homes that involved a claim of medical malpractice.

Jury verdict for $10.2 million in California (2015) – Plaintiff's attorneys filed a civil lawsuit for a premature minor nursing home resident who had a seizure disorder. The nursing staff routinely administered anti-seizure medication.

The medical malpractice lawsuit was based on the facility's failure to administer the minor's anti-seizure medication as ordered, resulting in a seizure. The nursing home denied that the resident missed a dose of medication.

A punitive award of $4.5 million was included in the damages. For more information on California nursing homes, look here.

Jury verdict for $2 million in New York (2006) – An eloping resident left the nursing facility and was found a day later. While gone, the resident developed pneumonia and sepsis, which ultimately led to his death.

(Video) How Can Lawsuits Against Nursing Homes Prevent Future Medical Malpractice?

The medical malpractice allegedly occurred when doctors implanted a shunt to use for dialysis. However, the shunt created a pathway for bacteria to enter the child's body.

The resident's family also claimed that staff's medication error led to the child's congestive heart failure, which caused the resident to feel like he was drowning for the last eight days of his life. For more information on New York nursing homes, look here.

Settlement for $850,000 in Massachusetts (2011) – Physicians prescribed painkillers, leading to a resident's overdose and death. Specifically, the resident had been prescribed a combination of painkillers.

The plaintiff alleged that medical showed that the dose of two of these painkillers was excessive. At the same time, the resident did not receive the dosage of another required medication.

There was no autopsy to establish the cause of death, but the nursing home settled the case without admitting liability.

Settlement for $75,000 in Louisiana (2011) – The resident had suffered from multiple sclerosis and received specifically prescribed medication. The resident had fallen out of their wheelchair and, upon examination, the doctor noted sensitivity to a urinary tract infection and ordered tests.

The resident's husband advised staff members that he believed that his wife had a urinary tract infection and asked that she be taken to a hospital where she died from sepsis.

The lawsuit claimed that the nursing home staff failed to communicate changes in the resident's condition to the physicians. The nursing home stipulated that it committed malpractice and settled the claim.

Verdict for $28.5 million in Kentucky (2018) – The nursing home stroke victim and amputee developed nausea and dehydration. Although the resident was in obvious distress, he was not transported to a hospital for twenty-seven hours.

In other words, the nursing home allegedly failed to obtain the proper medical care for him. After a stay in the hospital where he was rehydrated, the resident fell when he was returned to the nursing home and broke his hip in three places.

The lawsuit alleged that the hospital intentionally did not transfer him to the hospital for reimbursement reasons. Included in the jury award was $25 million in punitive damages for willful and wanton conduct.

For more information on Kentucky nursing homes, look here.

(Video) Stanley Law Offices WEBINAR: Nursing Homes & Medical Malpractice

Hiring Nursing Home Abuse Lawyers to Resolve Your Medical Malpractice Case

Were you, a family member, or a loved one harmed by nursing home negligence and abuse? If so, contact the abuse lawyers at the Nursing Home Law Center today to set up your free no-risk case consultation if you believe that a nursing home committed medical malpractice that injured your loved one.

We fight for the legal rights of families harmed by nursing homes. Our legal team will take every step necessary to help you receive fair financial compensation for the harm or wrongful death of your loved one.

Contact our law firm today at (888) 424-5757 (toll-free phone call) to speak with a real person, or through the contact form to schedule a free consultation. All discussions with our personal injury lawyers remain confidential through an attorney-client relationship.

Our nursing home abuse attorneys follow social distancing guidelines to prevent the spread of Covid-19 (coronavirus).

Resources:

Nursing Home Abuse & Neglect Resources

Common Cases:

  • Falls
  • Medication Errors
  • Physical Abuse
  • Sexual Assault
  • Dropped Patients
  • Wrongful Death

Pressure Sores

  • Bedsores
  • Causes
  • Stages
  • Complications
  • Sepsis

Family Resources

(Video) Medical Malpractice Lawyers: Nursing Home Malpractice Claim

  • State Laws
  • Nursing Home FAQs
  • How to Report Abuse
  • Signs of Abuse
  • Case Valuation

FAQs

On what grounds can you sue for medical negligence? ›

Some common medical malpractice and negligence claims include delayed diagnosis, misdiagnosis of cancer, surgical error, birth injuries to both the infant and mother, incorrect medication or treatment is given, referral errors, and hospital-acquired infections.

Can you sue a care company for negligence? ›

Can you sue a nursing home for negligence? You may be able to claim compensation if you have received negligent care that has caused an injury or illness you would not otherwise have suffered. You can also raise a claim on behalf of a victim who is unable to act for themselves legally.

What is Nursing Home Neglect? ›

Examples of nursing home neglect include:

Leaving a resident with mobility issues in their room for hours at a time. Not calling a doctor or nurse when needed. Not changing a resident's clothes or bedding regularly. Not cleaning a resident on a daily basis. Not giving residents enough food or water.

Can you sue a care home for negligence UK? ›

When suing a care home for neglect in the UK, you can claim for general damages, i.e. the pain and suffering as a result of negligence the victim experienced. You can also claim for any special damages, which are out-of-pocket expenses.

What are the 3 types of malpractice? ›

There are three common types of medical malpractice lawsuits – failure to make the correct diagnosis, birth injuries and medication errors. In this blog, we discuss these medical errors in order to help you determine whether you have suffered an injury as a result of medical negligence.

How hard is it to win a malpractice lawsuit? ›

According to their findings, physicians win 80% to 90% of jury trials with weak evidence of medical negligence, approximately 70% of borderline cases, and 50% of cases with strong evidence of medical negligence.

What is CARE negligence? ›

Negligence in a care home is where a resident is being mistreated or neglected and often results in an injury or illness. Any form of care home negligence is unacceptable and should be addressed as soon as possible.

Can you take a care home to court? ›

If your parent has suffered as a result of poor medical treatment and the care home has refused to acknowledge or apologise for it, then you may be able to pursue a medical negligence claim through the civil courts.

What percentage is Slater and Gordon? ›

These cases will run on a No Win No Fee basis so if you win your case, we'll charge you 25% of your compensation. If you lose your case, you'll not be charged, so there's no financial risk.

What is the most common abuse in nursing homes? ›

The seven types of abuse in nursing homes are:
  1. Emotional Abuse. According to data from the NCEA, emotional abuse is by far the most common type of abuse in the nursing home setting. ...
  2. Physical Abuse. ...
  3. Abandonment. ...
  4. Sexual Abuse. ...
  5. Financial Abuse. ...
  6. Neglect. ...
  7. Self-Neglect.
25 Jan 2022

What is the biggest problem in nursing homes? ›

Staffing issues.

With some facilities facing serious staffing shortages and high workloads among existing staff, patients in these nursing homes often feel as if their needs are not being met.

How do I report a nursing home neglect UK? ›

You can complain directly to the local council who funds the placement at the home. You can find information on how to do this on the council website. If the local authority fails to resolve your complaint, you can ask the Local Government and Social Care Ombudsman to investigate the matter further.

What is the highest medical malpractice settlement? ›

1: $216.8 Million for Justice

A jury awarded Allan Navarro $216.7 million following his medical malpractice case against the Tampa University Community Hospital. They pursued the case after doctors misdiagnosed stroke symptoms for a headache.

What is the most common malpractice claim? ›

Surgical errors.

General surgeons are the physicians named most frequently in malpractice lawsuits, according to MDLinx. Surgical errors often consist of operating on the wrong body part, leaving surgical sponges/instruments in the body or accidently puncturing an organ.

What percentage of malpractice suits are successful? ›

The findings have been remarkably consistent. Physicians win 80% to 90% of the jury trials with weak evidence of medical negligence, approximately 70% of the toss-up cases, and 50% of the cases with strong evidence of medical negligence [18].

What is the amount for medical negligence? ›

There are various kinds of situations which amount to medical negligence by a medical professional such as incorrect diagnosis, deferred diagnosis, inaccurate surgery, long term negligent treatment, childbirth and labor malpractice, needless surgery and erroneous administration of anesthesia etc.

What is considered medical malpractice? ›

Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.

How many years after an operation can you sue a doctor? ›

Generally speaking, you will already know the date your medical negligence occurred or when you became aware of it. If three years have passed, your claim will likely be barred by the court. It is important to make your medical negligence claim as soon as you can, to prevent it from becoming time-barred.

How do I report a nursing home to the state of Louisiana? ›

Nursing Home 888-810-1819. Support Coordination (Case Management) 800-660-0488. For all other programs, call Health Standards Section: 225-342-0138.

What rights do residents have in a care home? ›

Rights of people living in care homes
  • Registration of the care home.
  • Protection from abuse.
  • Assessment of Needs and having a care plan.
  • Choices, communication, dignity and privacy.
  • Cleanliness of the premises.
  • Having an effective system to deal with and respond to complaints.
  • Consent for care and treatment.

Can a resident be kicked out of a care home? ›

There are situations where a care home can ask a resident to leave. The home should do whatever it reasonably can to meet a resident's care needs. However, if it can't provide the right care, then the person might be asked to move somewhere that can.

Can a care home evict someone? ›

Most care home residents are contractual licencees. Care home residents are usually covered by the Protection from Eviction Act 1977. They are entitled to a notice to quit of at least 28 days (or whatever period is agreed in the contract if this is longer) and a court order before they can be evicted.

How long does it take to get compensation? ›

From the day your compensation amount is settled, it could take up to 28 days for you to receive your payout. But in many cases, this will be much faster. You may be able to get your compensation within just a few days after a settlement is agreed when dealing with certain insurers.

What is a 100% success fee? ›

Success and uplift %

the “uplift” or “success fee” is usually determined by the complexity and risk of the claim or defence, by reference to a %. the maximum % is 100%, which effectively doubles the solicitors fees in the event the claim or defence is successful.

Do no win no fee claims work? ›

A no win no fee agreement simply means you will not be charged if your claim is not successful. It takes the risk out of making a claim. There are no upfront payments and if you do not win your case you have nothing to pay for the work carried out by your solicitor.

What is passive neglect? ›

Passive neglect – the failure by a caregiver to provide a person with the necessities of life including, but not limited to, food, clothing, shelter, or medical care, because of failure to understand the person's needs, lack of awareness of services to help meet needs, or lack of capacity to care for the person.

What is willful neglect? ›

Willful neglect means conscious, intentional failure or reckless indifference to the obligation to comply with the administrative simplification provision violated.

Can I tell social services to go away? ›

Work with Social Services.

Some have asked ” can I tell social services to go away ” – If you tell them to go away, they won't and you will end up in Court and there is then the risk that your children really will be removed.

What are the five types of abuse in a nursing home? ›

There are five common types of nursing home abuse, according to the National Center on Elder Abuse (NCEA): physical abuse, emotional abuse, financial abuse, sexual abuse, and neglect. Additional types of nursing home abuse include self-neglect and abandonment.

What are the 7 types of elder abuse? ›

The 7 most common types of elderly abuse include physical abuse, neglect, emotional abuse, financial abuse, sexual abuse, self-neglect, and abandonment. Any of these elder abuse types can be devastating to older people and their families.

What are the 8 types of abuse? ›

Cookies
  • Key messages.
  • Physical abuse.
  • Domestic violence.
  • Sexual abuse.
  • Psychological or emotional abuse.
  • Financial or material abuse.
  • Modern slavery.
  • Discriminatory abuse.

What is the average life expectancy of nursing home patients? ›

The average length of stay before death was 13.7 months, while the median was five months. Fifty-three percent of nursing home residents in the study died within six months. Men died after a median stay of three months, while women died after a median stay of eight months.

How often should nursing home residents be bathed? ›

1. Seniors don't have to bathe every day. Even though most Americans are used to showering every single day, it's not a strict requirement for good health. At a minimum, bathing once or twice a week helps most seniors avoid skin breakdown and infections.

How do I write a complaint letter to a nursing home? ›

How to Write a Complaint Letter to a Nursing Home
  1. Send the letter to the appropriate person. In most cases, the buck stops with the administrator. ...
  2. Use a formal greeting. The administrator is not your friend. ...
  3. Include specific dates and names. ...
  4. Describe your complaint. ...
  5. Include a call to action.
11 Aug 2022

Who are care homes accountable to? ›

The CQC regulates all care homes - whether they are provided by the NHS, local health authorities, or voluntary organisations. Before 2009, care homes were regulated by the Commission for Social Care Inspection.

What is meant by safeguarding? ›

Safeguarding means protecting a citizen's health, wellbeing and human rights; enabling them to live free from harm, abuse and neglect. It is an integral part of providing high-quality health care.

How does the Care Act support the elderly? ›

The Care Act 2014 Protecting the Elderly

This wide-ranging term incorporates personal dignity, control (as far as possible) by the individual of his or her own life. It includes physical and emotional well-being, and facilitating domestic, family and personal relationships in the setting of suitable accommodation.

What is classed as medical negligence? ›

Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.

How successful are medical negligence claims? ›

It is authoritatively shown that around 10 to 11 % of hospital admissions each year end in an 'adverse outcome' due to a medical incident.

How do you know if you should sue hospital? ›

If you're wondering whether you could have grounds to sue a hospital, you must be able to prove the following for you to have a valid medical negligence claim: The hospital owed you a duty of care. This duty of care was breached by the hospital. You were caused to suffer as a result of this breach by the hospital.

What is the amount for medical negligence? ›

There are various kinds of situations which amount to medical negligence by a medical professional such as incorrect diagnosis, deferred diagnosis, inaccurate surgery, long term negligent treatment, childbirth and labor malpractice, needless surgery and erroneous administration of anesthesia etc.

Do medical negligence claims go to court? ›

Many people are put off making a medical negligence claim as they feel daunted by the idea of having to appear in court. However, very few clinical negligence claims go to trial. In fact, most claims are settled before trial during a process of negotiation even if court proceedings are required.

How do you prove medical negligence? ›

In order to succeed in a medical negligence case, a Claimant must prove the following:
  1. That the Defendant owed the Claimant a duty of care; ...
  2. There was a breach of duty; and.
  3. Causation.
17 Aug 2022

Can you get compensation for medical negligence? ›

Financial compensation for medical negligence is designed to compensate the claimant for any pain and suffering endured, as well as to cover any financial losses, including any future losses.

How long does a medical negligence claim take to be settled? ›

One can expect a minimum of 3 – 4 years from the date of instituting a claim against a medical practitioner/hospital to date of finalisation of the claim.

What does a medical negligence lawyer do? ›

Your medical negligence solicitor will take the necessary steps to fully assess the nature, extent and cause of the injury you have suffered as a result of any negligent clinical or medical treatment. They will then use their expertise to calculate the right amount of compensation for you.

How long does compensation take after medical? ›

Medical negligence claims

As a very rough guide, a claim may take 6 to 12 months if liability is accepted by the treatment or care provider immediately. If liability is disputed, it could take 12 to 18 months for more complicated claims. Very complex cases can take significantly longer.

What is the most common malpractice claim? ›

Surgical errors.

General surgeons are the physicians named most frequently in malpractice lawsuits, according to MDLinx. Surgical errors often consist of operating on the wrong body part, leaving surgical sponges/instruments in the body or accidently puncturing an organ.

What are the consequences of malpractice? ›

Medical malpractice can negatively affect all aspects of an injured patient's life, from physical and emotional damages to serious financial hardships. Results such as loss of work, permanent disability, loss of quality of life, and loss of future wages are a few examples of the possible negative impacts.

How do I make a negligence claim? ›

To succeed in a claim for negligence, the claimant must satisfy the following requirements on the balance of probabilities:
  1. The defendant owed a duty of care to the claimant;
  2. The defendant breached that duty of care;
  3. The defendant's breach of the duty of care caused damage or harm to the claimant;

What is the difference between negligence and malpractice? ›

Medical malpractice is when a healthcare professional is aware of the possible consequences before making a mistake that led to an injury. Medical negligence is when a healthcare professional makes an honest mistake that leads to an injury.

What constitutes 4 D's of medical negligence? ›

Malpractice can have devastating consequences for victims and their families, such as causing serious injury or death for the patient. To protect yourself from medical malpractice and seek justice whenever needed, it is vital to be aware of the four D's: duty, direct cause, damages, and dereliction of duty.

What are examples of professional negligence? ›

Examples of professional negligence

An engineer or architect who is responsible for building a structure that proves to be unsafe. A lawyer who fails to provide services at the level expected of a reasonably competent attorney, and the client suffers damages as a result.

Videos

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3. The Nurse and Doctor - Avoidable Medical Malpractice Case
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4. How to Find Nursing Home Malpractice Lawyers in Your State
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5. What is the difference between a nursing home case and a medical malpractice case?
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