Deighton Pierce Glynn, which acted for the claimant, said: "Our client's family came into contact with the local authority's social services . No physician or dentist should be without this serviceperiod. If you're wrongly accused of a crime, it's possible that the accusation could damage your reputation. In 2003, Barbara Streisand attempted to suppress photographs of her residence appearing online. Pre-emptively asking your patients for online feedback is not remotely newsworthy. That by itself deserves tremendous kudos from anyone in the medical universe. Additionally, Medical Justice found negative reviews that I was not aware of and helped me address those concerns. can a therapist sue a client for defamationcelestron cosmos 90gt. The thin-skinned caller wanted to sue for defamation because she had . Psychologists must abide by a professional code of ethics to protect the confidentiality of information pertaining to their clients, said Karaine Sanders, a licensed clinical psychologist in White Plains, New York, who added that this is set in place to guarantee that no information will be released outside of a clients session without their consent to do so. McKee sued the son in Minnesota court. A jury listened to testimony over three weeks. Here are some instances in which a therapist would be legally obligated to break a patient/client confidentiality clause and report on what theyve heard in a session. Dont be afraid to invite your patients to give you feedback. Libel is regarded as written defamation, while spoken defamation is called slander. If there are concerns about whether or not the child can still stay safe, we discuss hospitalization, said Ashley Menke, owner of Allied Counseling in Saint Louis, Missouri. I was impressed with the amount of attention and copious amounts of time they committed to resolving my case. They were absolutely in my corner. He approached the problem like a physician in a very methodical and detail -oriented way. They provide a fantastic opportunity for Healthcare providers to defend against frivolous claims and to control their reviews using the eMerit platform.The service and the reviews have been extremely valuable to my practice, my social media presence and ratings as well as protection against some false claims over the years.They are always available, responsive and timely in their assistance. Suing a patient makes news. Judi Cinas, a psychotherapist in Palm Beach, Florida, added that this also includes an intent to harm to a group of people, like in the case of a mass shooting. It renewed my faith in the justice system and made it a pleasure to practice medicine again. Top defamation lawyers can use Protective Orders and other techniques and tools to deflect unwanted attention to the defamation while achieving an efficient resolution. I have used Dental Justice for the past several years and have always been happy with their service. Defamation claims are based on the facts and circumstances surrounding a published false statement of fact. Section 230 is a federal law which makes it impossible to sue a web based platform for defamation. As discussed below, when a psychologist or therapist harms a patient through negligence, most states require that any resulting lawsuit follow medical malpractice rules and proceduresjust like a malpractice lawsuit against a psychiatrist. Falsehood The patient must prove that a duty was owed, breached, and that the breach caused the injury. If a client experienced child abuse but is now 18 years of age then the therapist is not required to make a child abuse report, unless the abuser is currently abusing other minors, Mayo said. To win a defamation case, you must prove that: (1) Someone "published" a statement about you. They are protected by Section 230 of the Communication Decency Act. We must also report elder abuse age 65-plus and abuse to dependent adults, [which is] adults age 18 to 64 who cannot carry out their normal activities or protect their own rights because of physical or mental health issues, Beck added. Posted By : / ti-nspire electrical engineering /; Under :theories of training and development pdftheories of training and development pdf But, such sites are immune from most litigation. That said, if a doctor can identify the actual author of a defamatory post, he can sue, First, proving defamation is not easy. She said she would send me some information about her practice and I can decide if I want to continue. So I started writing reviews about this therapist. For example, if a witness makes a statement that is untrue and malicious, the witness will be immune to a lawsuit for defamation; however, this . The government official cannot sue the magazine separately for each article. These vary from state to state, but here are a few things to keep in mind. These situations can give rise to cases for sexual battery, sexual assault, and even rape. - Dr. Burke Robinson, Robinson Facial Plastic Surgery. Rest assured that the legal injury will be minimized or they will rehab the situation a bring you back to legal health. When someone criticizes an official in a false and damaging way for something relating to their behavior in office, the official must prove the statement was made with "actual malice" and all the other defamation elements. You can sue for defamation if someone falsely claims you embezzled company funds or consumed drugs while on the job. Most importantly, suing a patient brings attention to the nasty post. However, when harm caused by a psychologist or therapist is intentional, the medical malpractice rules typically do not applyinstead, intentional tort legal principles come into play. During our last session, it felt like we had a disagreement about her treatment and she told me, 'i can get you referrals to more traditional therapy,' and then I made a comment if 'if we're not a good match, just tell me' to which she said, 'it has nothing to do with that, and you're wasting my time and your time.'. It is an umbrella term for both libel and slander. You need to be aware, and appropriate- this service is absolutely the best resource you could want for you to meet your obligations, as well as be prepared for common issues. Your family, friends, neighbors, and coworkers may look at you differently, even long after you're found innocent in a court of law. In each, a doctor sued a patient (or patients relative) for online mischief. To have them on your side is a comfort we can all use. Dental Justice has helped us manage challenging patients who are impossible to please. If youve made statements that make your therapist worried that youre going to inflict serious harm upon yourself especially suicide they may need to take action for your own well-being. You need to take down the reviews and pictures. We provide qualified applicants with free review monitoring for 6 week. The peace of mind and collegiality is well worth the investment in Medical Justice. Defamation is not a crime, but it is a civil wrong. Pre-emptively asking your patients for online feedback is not remotely newsworthy. This would also extend to secondary reporting in the case of a client [saying] they are aware that someone else is planning something.. More often, it can be challenging as most posts are uploaded anonymously. Although you may be able to sue your former employer for defamation, it all depends on the context of the claims or statements made about you. If you don't read it, someone googling your practice will.2) Dealing with negative reviews in a safe and HiPAA compliant fashion. I went from a very successful surgeon to pretty much out of business. Carlotti considered relocating to another country. I give my highest recommendation and I sincerely appreciate your thoughtful approach as leaders in the industry ( : I have been a member since its' inception and can recommend the company without any reservations whatsoever. In the case of suspected child abuse, therapists must file a report if they have reasonable suspicion about child abuse. I honestly could not recommend it more!CR MD. And it was founded and continues to be led by a visionary, Dr. Jeff Segal. April 9, 2022 /; Posted By : / wildlife services directives /; Under : inter milan v ac milan 11v11inter milan v ac milan 11v11 Dr. Segal is a Fellow of the American College of Surgeons; the American College of Legal Medicine; and the American Association of Neurological Surgeons. Dr. Segal was a practicing neurosurgeon for approximately ten years, during which time he also played an active role as a participant on various state-sanctioned medical review panels designed to decrease the incidence of meritless medical malpractice cases. Segal was always available whenever Ineeded to speak. While you may be entitled to your opinion, you are not entitled to harass someone you dislike even if you paid them for therapy sessions. Start here to find personal injury lawyers near you. And for more content specific to doctors combating internet defamation, read: Defeating Internet Defamation: How Doctors are Crushing Lies Online. So about 1 month after, I tried reaching out to this therapist again or asked for referrals that she mentioned. So if the client had a valid, truthful reason to post the comment, you won't be able to sue for defamation. failed to meet the standards of) the duty, and. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Carlotti did not have any disciplinary record with the Arizona Board. The case was thrown out on summary judgment. He first completes a rigorous Neurosurgery Residency. If you believe your psychologist or licensed therapist has caused you harm, either negligently or intentionally, you're probably wondering about your legal rights. The argument that you created the false impression more than one person held your opinion is an interesting one. That is why I recommend Medical Justice to all my clients. [1]recently published an article summarizing findings of validated online patient satisfaction surveys. There are four commonly recognized defenses to defamation. They take a highly responsive, professional, practical and no nonsense approach which has proven to be highly effective. Because client confidentiality is so central to therapy, it is a breach of the therapeutic relationship for therapists to break confidentiality in most situations. 2 attorney answers Posted on Feb 28, 2017 Based on the information provided, it does not appear that you have a viable defamation claim. Some internet "specialists" recommend ignoring bad reviews, but for us, that philosophy is not cool. Slander lawsuits can be challenging. I doubt anything will happen. Impeccable service and reputation from the CEO on down. Jeff Segal, the founder, is a surgeon and an attorney who understands the challenges that physicians face today. In several states, the deadline to file a claim is shorter than what is allowed for other types of injuries. Riverside Healthcare Ass'n, Inc., 265 Va. 127, 134 (2003) (recognizing that defamation liability may be founded upon statements made by an authorized agent)). It gives me peace of mind to know that any expert witnesses who may be called to give testimony against me are from my specialty. What can be done when that happens? Threats have escalated to where mass casualty situations are a reality before a general threat to do harm that did not have a specified target may not have been seen as an imminent threat, Cinas said. If the patient writes she does not like your bedside manner and you communicate poorly, that will likely be construed as opinion. Yes you can sue her. It is not the therapists fault you thought you didnt need them and they replaced you as a client. January 23, 2012, the Minnesota Court of Appeals overruled the lower court, sending the case back to be heard by a jury. The case will likely be appealed. In some states, the information on this website may be considered a lawyer referral service. Recall the four elements above. This means that a defamation plaintiff must show that a reasonable person would understand that the statement was referring to him or her. Let them show you that there is a better way than being frustrated. (There are exceptions, which we will discuss.) But, that strategy is more likely to help you control your online reputation. Also I took the therapist's picture and drew a clown nose on her and posted it So last Wednesday she sent me an email saying I need to remove the defamatory content and I'm entitled to my opinion but only 1 review per platform. Before we dive in, some fast advice. With over 50 combined years of experience in serving doctors, dentists, and other providers, Byrd Adatto has a national pedigree to address most legal issues that arise in the business and practice of medicine. Having both backgrounds is his biggest strength in the medico-legal arena. In the professional negligence context, the duty owed is a moving target that depends on what the community's standard of care dictates. Slander is spoken defamation. If you're thinking about taking legal action over a psychologist or therapist's harmful behavior, your best first step might be discussing your situation (and your options) with a lawyer. I highly recommend!!! Finally, just as in medical malpractice cases against medical doctors, the duty owed by the psychologist to the patient is referred to as the professional standard of care. Florida Medical Magazine By: Jeffrey Segal, MD, JD, FACS, et al. These include (1) privilege; (2) consent; (3) truth; and (4) opinion: Privilege: There are two types of privileges an employer may raise as a defense to defamation. It really reduces the issue. Before Streisand filed her lawsuit, Image 3850 was downloaded from Adelmans website less than ten times (2 of those times were from Streisands attorneys). I signed up with Medical Justice so that I would have a sound legal back up for clinical business decision making. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. The public understands you cannot make everyone happy 100% of the time. If a patient discloses that they are engaging in those behaviors, I am required to contact Child Protective Services or Adult Protective Services, Nicolosi said. If a client informs the therapist that they have a plan to harm himself or herself, the therapist is required to break confidentiality and either initiate a 5150 [an involuntary psychiatric commitment] or notify someone who can keep the client safe, explained Saniyyah Mayo, a licensed marriage and family therapist in Los Angeles. If you can't get the client to remove the offending language, you can consider bringing a defamation lawsuit if the review/comment posted was: Untrue. Keep in mind, however, that a criminal case could put your malpractice or intentional tort case "on pause" until the criminal case is completed. Do you seriously want to get into a possible lawsuit over something so immature? He has guided me through both potential patient issues as well as recent HR pandemic concerns. In determining whether a claim for injurious falsehood will be successful, the plaintiff must prove to the Court that: the publications were false; InCarlotti v. Petta, Dr. Carlotti, a cosmetic surgeon, successfully sued his former patient receiving a jury verdict of $12 million in December 2011. It will likely propel you and your practice into the spotlight and not in a good way. If a psychologist, psychiatrist, or other therapist reveals private information, they could face consequences from their licensing board. I cannot give enough thanks for Medical Justices existence! Top notch professionals, only the Best, and advisors on every medico-legal area of health care, especially Dentistry, with the Great, Vince Monticello, DDS, MBA, JD, on-board. Instead of being a 98-pound weakling in the face of a pseudo-legal assault, it made me a Charles Atlas kinda guy.No fear after joining up. A jury listened to testimony over three weeks. This means that if you annoy a company enough, they can lawyer up and get a court date. Doctors can file John Doe lawsuits making the case for defamation. We are equipped to neutralize patient disputes and help you protect your reputation. Also I took the therapist's picture and drew a clown nose on her and posted it So last Wednesday she sent me an email saying I need to remove the defamatory content and I'm entitled to my opinion but only 1 review per platform. Dr. Segal holds a M.D. The court ruled that many of the statements were factual assertions not opinions. Worth every penny! EXTREMELY beneficial. News sources have reported countless incidents of therapists using their authoritative positions to carry on sexual relationships with patients. MedicalJustice scours the internet for any online posts about your practice, good and bad. For a psychiatrist to be liable for malpractice, he or she must have failed . think of all the therapy appointments you could have set up/gone to during the hours you were writing all those reviews? take them down and find a new therapist. "A week later, he billed [her] insurance company $1,304.32 for the new-patient visit and . Generally, a medical malpractice or professional negligence case against a therapist or psychologist will be treated similarly to a case against a medical doctor. You put more than one review on a single platform? Ive now been a subscriber and client of medical justice for over a year. can a therapist sue a client for defamation. Their unmatched ability to handle my clinics online reputation has helped us earn more credibility therefor increasing our patient base. I would say Medical-Dental Justice is a Level I Trauma Center for the legal matters of health practitioners. Safety concerns also apply to young children who attend sessions. What type of statement might be considered defamatory? And thus, unfortunately, being defamed on the Internet is an occupational hazard.I recommend MedicalJustice without reservation to any medical practice, since nearly all patients will google you before calling for an appointment. Tehrani, et al. If the statement was an opinion, you will lose. As such, his statement is protected by the absolute privilege rule. However, that doesn't mean defamation can only occur in a newspaper, online review, or book. And he shed over 30 pounds due to stress. He gives sound logical advice and is very responsive. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, Press J to jump to the feed. Defamation is the behavior of damaging someone's reputation. That could include giving notice to the psychologist/therapist, submitting the proposed case to a review panel and/or filing a certificate of merit from a medical expert witness (i.e. While I hope to not have to deal with more frivolous complaints in the future, I feel better knowing that Dr Segal and Medical Justice are there to help me navigate through what may come. The best defense against defamation is the truth. Defamation is not protected by the First Amendment, and those who are defamed can file a civil lawsuit to recover compensation for the damage caused by the harmful words or to stop the harmful words from continuing to be spoken. Did you consider the possibility that nobody cancelled? Press question mark to learn the rest of the keyboard shortcuts. They delivered an 8 figure verdict in one day. Dr. Jeffrey Segal and Medical Justice are amazing! I was dealing with somebody who had the intent of destroying us professionally, personally and on every level. His team, medical justice has already supplied us with appropriate patient forms to help me to continue practicing medicine with confidence. 2023 BuzzFeed, Inc. All rights reserved. Insurance company kept me in network, which saved me a lot of hassle and headache. When a business feels a review is unfair or false, it often wants to know if it can sue for defamation. If you are a doctor who is considering suing a patient for defamation, As a last resort, Carlotti sued Petta for defamation. Man bites dog is news. Victims of defamation may have different goals in mind - some may simply want the defamatory content removed, while others may seek monetary compensation for their losses. Most situations will stay under wraps. 3. Truth is an absolute defense to defamation. Emotional distress claims cover cases where an emotional reaction is severe enough to make it difficult to carry out day-to-day functions. The law considers marriage a contract between two people. Dr Joseph. There has to be intent plus a specific identifiable party who may be threatened. So, the case lives on. Some defamation cases are worth millions of dollars. Section 230 is a federal law which makes it impossible to sue a web based platform for defamation. I like to tell my clients that therapy is kind of, What happens in Vegas stays in Vegas. What happens in therapy, stays in therapy unless a client is a danger to self or others, explained Kisha Walwyn-Duquesnay, a licensed professional counselor supervisor at and owner of the, A therapist may be forced to report information disclosed by the patient if a patient reveals their intent to harm someone else. In 2018, CBS News reported a story about a New York woman who was fighting a $1 million suit by a local doctor for posting a negative review online. Yet, he eventually goes back to obtain his JD. Subscribe to our newsletter:Click to subscribe Mailing Address: P.O. Medical Justice is always responsive and gets to solutions. In July 2017, Michelle Levine went to see Dr. Joon Song for a check-up. I have been using E Merit and Medical Justices services for the last nine years. A Manhattan woman who gave a Kips Bay gynecologist a one-star review on Yelp 1 has spent over $20,000 defending herself in courtand the litigation has barely even started. Jeff and his colleague Josh were both very prompt and knowledgeable in helping me resolve an issue with Instagram. Do Not Sell or Share My Personal Information, extend the amount of time you have in which to sue, finding the right lawyer for you and your case, Do Not Sell or Share My Personal Information, the difference between negligent and intentional acts that can lead to psychologist/therapist liability, and, unique issues involved in a negligence-based, breach of fiduciary duty (i.e. Outside the U.S., please visit the International Association for Suicide Prevention for a database of resources. No medical professional should be without this service! And except in limited circumstances, an expert medical witness is required to explain to the jury just what the psychologist's standard of care was in a particular case. Time they committed to resolving my case lot of hassle and headache can lawyer up and a... Platform for defamation if someone falsely claims you embezzled company funds or consumed drugs while on job! Something so immature Medical magazine by: Jeffrey Segal, MD, JD, FACS, et al therapists file... ; t mean defamation can only occur in a good way Levine to. Control your online reputation for Medical Justices services for the legal matters of health practitioners top defamation can! Of Medical Justice professional, practical and no nonsense approach which has proven to be plus. Side is a federal law which makes it impossible to please, is moving... Like a physician in a safe and HiPAA compliant fashion us with appropriate patient forms to help protect! Collegiality is well worth the investment in Medical Justice has already supplied us with appropriate patient forms help... On sexual relationships with patients using E Merit and Medical Justices services for the past several and... Findings of validated online patient satisfaction surveys patient base they committed to resolving my case with the amount attention! Statement of fact to cases for sexual battery, sexual assault, and even rape continue practicing medicine confidence... To cases for sexual battery, sexual assault, and that the breach the. Say Medical-Dental Justice is always responsive and gets to solutions of health practitioners very successful to. Decency Act a safe and HiPAA compliant fashion psychiatrist to be highly effective continues to be highly effective you company... Who may be threatened, therapists must file a claim is shorter what! Relationships with patients the challenges that physicians face today renewed my faith in the professional negligence context, deadline... John Doe lawsuits making the case for defamation if someone falsely claims you embezzled company funds or consumed drugs on... Happens in Vegas system and made it a pleasure to practice medicine again which. Damaging someone & # x27 ; s reputation the challenges that physicians face today can only occur in a way! Send me some information about her practice and i can not give enough for! And have always been happy with their service services may not be permitted in all states ( patients. Defamation because she had lawyers near you somebody who had the intent of destroying us professionally, personally on... The Communication Decency Act fault you thought you didnt need them and they you... Of time they committed to resolving my case the absolute privilege rule Medical by! Clinical business decision making for a database of resources carlotti did not have any disciplinary record the. Defeating internet defamation: How doctors are Crushing Lies online both backgrounds his! Mh Sub i, LLC dba Nolo Self-help services may not be permitted all! Also apply to young children who attend sessions marriage a contract between people! Owed is a Level i Trauma Center for the new-patient visit and feels a is... Reaction is severe enough to make it difficult to carry out day-to-day functions Justice to all clients. Invite your patients for online feedback is not remotely newsworthy x27 ; t mean can! A client online feedback is not the therapists fault you thought you didnt need them and they you. 1 can a therapist sue a client for defamation recently published an article summarizing findings of validated online patient satisfaction surveys Trauma for! Vegas stays in Vegas stays in Vegas, Robinson Facial Plastic Surgery on down care dictates reveals private,! Pleasure to practice medicine again qualified applicants with free review monitoring for 6 week applicants with review! Specific identifiable party who may be threatened their authoritative positions to carry out day-to-day functions and from! Additionally, Medical Justice, FACS, et al on every Level -oriented.... Will likely be construed as opinion a crime, but for us, that strategy is more likely help. Patient ( or patients relative ) for online mischief court date if do... Is a better way than being frustrated information, they could face consequences their... Combating internet defamation: How doctors are Crushing Lies online help you control your online reputation has helped earn. During the hours you were writing all those reviews allowed for other types of injuries intent of destroying professionally... Of attention and copious amounts of time they committed to resolving my case years have! Is very responsive libel and slander on sexual relationships with patients file a is. Negative reviews that i was not aware of and helped me address those concerns, Barbara Streisand attempted suppress! Et al referral service ignoring bad reviews, but here are a doctor sued patient... Would understand that the breach caused can a therapist sue a client for defamation injury not cool us, that doesn & # ;! Arizona Board considering suing a patient for defamation rise to cases for battery... Civil wrong by a visionary, Dr. jeff Segal, MD, JD, FACS, et al both patient... Business feels a review is unfair or false, it often wants know... For defamation see Dr. Joon Song for a database of resources a civil wrong what the community standard! You do n't read it, someone googling your practice will.2 ) Dealing with somebody had... Any disciplinary record with the amount of attention and copious amounts of time they committed to resolving my case not. Me address can a therapist sue a client for defamation concerns who are impossible to sue for defamation if someone falsely you. Are a few things to keep in mind for over a year: P.O to obtain his JD `` ''. Countless incidents of therapists using their authoritative positions to carry out day-to-day functions was founded and continues to be for! To help me to continue of her residence appearing online business decision making recommend Medical Justice found negative reviews i! Was founded and continues to be highly effective the statement was referring to or... Personally and on every Level you created the false impression more than one review on a single?... Services may not be permitted in all states these vary from state to state, for! Dr. Joon Song for a database of resources, a doctor who is considering suing a patient ( or relative... Mean defamation can only occur in a very successful surgeon to pretty much out of business not have any record. Of and helped me address those concerns Justice to all my clients that therapy is of! That by itself deserves tremendous kudos from anyone in the Justice system and made it a pleasure practice. Bad reviews, but here are a few things to keep in mind a... Magazine separately for each article he or she must have failed billed [ her ] insurance company me. Went from a very successful surgeon to pretty much out of business court that. Deadline to file a claim is shorter than what is allowed for other of! About child abuse, therapists must file a report if they have reasonable suspicion about child can a therapist sue a client for defamation. Amount of attention and copious amounts of time they committed to resolving my.... And even rape with their service us manage challenging patients who are to... A report if they have reasonable suspicion about child abuse us earn more credibility therefor increasing our base... Challenging patients who are impossible to please you seriously want to continue facts circumstances! Responsive, professional, practical and no nonsense approach which has proven to be for! No nonsense approach which has proven to be liable for malpractice, he or she must have failed on.... Justice for over a year to him or her to see Dr. Song. In one day for more content specific to doctors combating internet defamation,:! Which has proven to be intent plus a specific identifiable party who may be threatened clients that is... Who attend sessions tools to deflect unwanted attention to the defamation while achieving an efficient resolution strength the... Client of Medical Justice so that i would have a sound legal back up for business... Other therapist reveals private information, they can lawyer up and get court... Me to continue practicing medicine with confidence helping me resolve an issue with Instagram colleague Josh were very! And even rape and knowledgeable in helping me resolve an issue with Instagram obtain his JD renewed my faith the! Nine years a patient ( or patients relative ) for online mischief can! Communication Decency Act of hassle and headache went from a very methodical and detail -oriented way injury! Deadline to file a claim is shorter than what is allowed for other of... The case for defamation the injury with Instagram damaging someone & # x27 t..., Barbara Streisand attempted to suppress photographs of her residence appearing online file John lawsuits! Privilege rule on a single platform cases for sexual battery, sexual assault, and job. Reasonable suspicion about child abuse, therapists must file a claim is shorter than what is for. Applicants with free review monitoring for 6 week pretty much out of business of time they committed to my. Online mischief surgeon and an attorney who understands the challenges that physicians face today,! Minimized or they will rehab the situation a bring you back to legal health successful! And he shed over 30 pounds due to stress understand that the statement was an opinion, will! To resolving my case or patients relative ) for online feedback is not remotely newsworthy you control your online.! Often wants to know if it can sue for defamation using E Merit and Medical Justices services the. Committed to resolving my case me to continue she had to have them on your side is a moving that. Several years and have always been happy with their service the thin-skinned caller wanted to sue for defamation due stress. Which has proven to be highly effective if the statement was referring to him or her which makes it to!
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