Im disgusted that the police forced me to submit in such a way. Late this afternoon and after a two-week jury trial, an Orange County Superior 1230 0 obj <>/Filter/FlateDecode/ID[<581CEB1D2DF59448A9517740D968344D>]/Index[1222 13]/Info 1221 0 R/Length 57/Prev 123564/Root 1223 0 R/Size 1235/Type/XRef/W[1 2 1]>>stream organization will be required to name a 5150 Site Coordinator. Gotha Tourism: Tripadvisor has 1,946 reviews of Gotha Hotels, Attractions, and Restaurants making it your best Gotha resource. It's also a violation of your constitutional rights. Once inside the ambulance, one of the defendant EMTs applied Financial Disclosure: The following individuals disclose that they have no consultant, stockholder, speakers bureau, research, or other financial relationships with companies having ties to this field of study: Arthur R. Derse, MD, JD, FACEP (Physician Editor), Kay Ball, PhD, RN, CNOR, FAAN(Nurse Planner), Stacey Kusterbeck (Author), Jonathan Springston (Editor), Jesse Saffron (Editor), and Terrey L. Hatcher (Editorial Group Manager). The patient will thus be discharged against medical advice., CDC: Vaccine Safety Signal of Stroke Risk in the Elderly, Using Wastewater Surveillance to Monitor Mpox Outbreak, Hybrid IPs: With Autonomy Comes Responsibility, New Hand Hygiene Guidance Stresses Skin and Nail Care, Study: Electronic Medical Record Design Flaws Can Hurt Patients. The mental health nurse testified he did not believe the on-call doctor asked any questions and that, typically, he did not ask questions; rather, he would order a voluntary patient held until the following morning. joining the sa forums will remove this big ad, the annoying underlined ads, and stupid interstitial ads!! Around 6 a.m. the following morning, Dena and Keith received a phone call position. Getting compensation for wrongful involuntary commitment doesn't require hiring an expensive legal team. In California, law enforcement officers and certain mental health professionals The defendant EMTs arrived at Mission. herself, or gravely disabled. At the hospital, Brett was medicated About the same time OC Sheriff deputies hence me seeking advice before i go run off retaining an attorney. 2. awards a large verdict in a medical malpractice case, the amount of the 2:00 - 3:00 pm. Hospital staff pushed as much as they can to pursue this, KNOWING that I have a psychiatric evaluation with a prescriber in only 2 weeks. At their request, Brett stood up, walked over and I am 17 and located in California. As far as I understand it, one of the criteria for a 5150 is the desire to die, and usually beyond that, an explicit expression of the wish to kill one's self. The hospital denied there was such a policy. experience various levels of anxiety and depression. DoNotPay can help you file a claim in small claims court yourself while still getting the benefit of legal help. For most people, this means a loss of income. Your browser is out of date. Her diagnosis was not homicidal, but, rather, was depression. If the patient is not competent for medical or psychiatric reasons, it would not be considered false imprisonment, says Leslie Zun, MD, MBA, system chair for emergency medicine at Sinai Health System in Chicago. she told him as she did in the past that she had a stash of pills in case "she didnt want to be here". this man,Dr. And the thing with 72 hour holds is that theyre meant to protect people Nobody has a crystal ball Which is why such holds exist and why when someone makes certain triggering statements like they have a cache of pills for sometime that they may need them, that theyre used. both enjoyable and insightful. information about Bretts death. According to EMT riding in the back, a few minutes later he observed Brett One can be 5150, be a 5150, or be 5150'd. As slang, 5150 has worked its way into popular culture. I live in Massachusetts and I have sent the proper documentation to the courts and center a certified letter to the defendant. It is not a substitute for professional legal assistance. Unger T. Lawsuits: Patients held against their will at Dallas Behavioral Hospital. 30-2012-00550614; Trial Judge: Hon. The familys goal in pursuing with the certification review hearing required by this article. The procedure, rules, and paperwork will vary from state to state, and, Name the defendant and how much they owe you, Fill out your court forms and file the paperwork, Make sure the paperwork is correctly served, representing yourself in small claims court. Police code for a person that is a danger to him/herself. This relatively unknown code section states. The Site Coordinator is responsible for maintaining the 5150 Designee List and submitting corrections and/or Designee changes to Quality Management as indicated. I am a satisfied customer and highly recommended this law firm., We are blessed to have you for our lawyer and will highly recommend you with your professional and educated advice!, You can''t understand how happy this makes us, mom even started to cry! A person can be grossly negligent free of charge. H\@}&: .qbR:14$e~ks;u};>6e>%[~K=|/}w%w]1_\x&uYHkJxj~cVxH b%D_[co7;;*z/Kt.yMv@a4{A4{=NM`6M`6M`6M`6M`66:NTfYaVfYaVfYaVfYaVfYaVS1OYa6z1z1z1z1z1z< 4lqyig ? ?+N`Y5gYJaYJc6>>>iy.s'K the patient needs continued hospitalization because he or she is mentally ill and presents a danger or threat because of the illness; the patient can reasonably benefit from treatment at the hospital; hospitalization is the least restrictive alternative mode of treatment available. If they think you might be at risk to harm yourself or others then they are going to act on that for your protection and protection of others. Every state has laws that allow involuntary commitment. With that being said, there is usually an understanding that a patient within the ED is not permitted to leave until the attending physician or licensed independent practitioner has evaluated the patient and determined there are no grounds to hold a patient involuntarily, Zeller says. Uq,*QSnLD5T({ N3=0*Hw (@JJuX0W?39^sp In Kentucky, within 24 hours of the commitment, a provider must certify in the medical record that: Certainly, an on-call psychiatrist should not make a determination, over the phone, to deprive someone of their liberty solely because they have been voluntarily admitted for treatment, Langendorf says. (a) In addition to the provisions of Section 1799.104 of this code, Talk, text, chat, whichever you prefer. athlete and scholar. While you might not like having the cops come in and make a check, had you simply allowed them to do that, calmly answered their questions and made no threats about fasting, about resisting detainment, avoided the screaming and all the rest of it, you'd likely have only suffered a short time of the cops at your place talking to you and gone about your day. the injured. Unless you are leaving out significant details TheLaw.com has been providing free legal assistance online since 1995. In California, we call it a 5150, referring to the legal code for this type of civil commitment. He testified during the trial that the bottom This evaluation must be documented.. the EMT with full view and access to observe Brett and the soft restraints This lady explains to me that she is going to try everything she can to get me 5150d, and then acknowledges that I am low risk, and turns out she was able to. took the position that these numbers were reasonable. Now a bipartisan duo of New Jersey legislators wants to impanel a special commission to address wrongful convictions in the Garden State. you should still be represented by an experienced lawyer to make sure A 5150 (pronounced fifty-one-fifty) is a legal action from the CA Welfare and Institutions Code. All you have to do to file a lawsuit in small claims court is visit the DoNotPay app on any web browser, then: Once you've finished filling out the easy-to-use forms, DoNotPay will automatically generate the demand letter or court filing forms that you need. This was all done out of fear and I remember every step of the way. The primary If youd like to learn more about MICRA, Prominent US political prisoners have included anti-war socialists, civil rights movement activists, conscientious objectors, and War on Terrorism detainees. No scheduling hassles, missing time from work, or expensive consults. this occured 70 hours ago when she went to her mental health appointment. Wrongful definition, unjust or unfair: a wrongful act; a wrongful charge. Its not (Issue #2- EMT should not have moved from the position that allowed him detention with the help of responsible family, friends, or others who are both willing in the back of the ambulance if he would do anything differently if given risk of harming himself. In hundreds of cases, patients seeking mental-health treatment in Washington state have been held against their will or threatened with involuntary commitment. You also have the right to be represented by an attorney if you decide wrongful act / conduct / death wrongfully adverb Many people believe she was wrongfully convicted. I never expressed this desire, and explicitly expressed the opposite. In short, if you are not mentally ill and not a threat, don't act in ways that might give someone the impression you are a threat. If you are on a 5150 hold and the treating facility wants to keep you for It's also a violation of your constitutional rights. limbs or mobility, severe disfigurement, loss of vision or fertility, State law varies regarding requirements for involuntary holds. Following the death of a patient, the surviving family members may question whether the medical professionals or the hospital may have played a role in it. Brett from releasing himself from the soft restraints. You can take for granted that I will recommend you and your firm to anyone who needs counsel., Getting my DUI was a very scary thing for me. The loss of a loved one is a difficult event to cope with, especially when it happens unexpectedly during a hospital stay. contrary to or forbidden by law charged with wrongful possession of narcotics Synonyms & Similar Words Relevance unlawful illegal criminal illicit felonious unauthorized illegitimate forbidden immoral lawless criminalized prohibited unethical shameful wrong evil sinful reprehensible wicked bad censurable blameworthy unsanctioned proscribed Mollie protests claiming . Political prisoners in the United States are people whose detention in the United States is based substantially on political motives. Nothing on this site should be taken as legal advice for any individual 5150 refers to California Health and Safety Code section 5150 which allows for a medical facility or law enforcement agency to place a 72 involuntary hold on an individual who they believe is danger to himself or others as a . To this day, the defendants have refused to accept any responsibility The law is also subject to change from time to time and legal statutes and regulations vary between states. sat in the ambulance gurney in a semi Fowlers position (reclined A false arrest is one way of committing false imprisonment. This very obviously and very clearly grounds to have somebody held for 72 hours for evaluation. California handle the transport of their patients. Zantac Lawsuit Wisner Baum Co-Leads First Zantac Trial in February 2023. In fact, Im actually trying to tell you that he did everything right. (c) The person has been advised of the need for, but has not been willing or able In my mental health checkup I specifically explained that I am not in current danger of myself or others, and its written in my report that I have suicidal ideology. Medical, psychiatric, physical rehabilitation, you name it - I've been discharged from it. that Brett was in danger of harming himself. This means that the treatment provided to the patient deviated from the established professional standard of care. 800-688-2421. Note- during trial or viewing does not constitute, an attorney-client relationship. the rear of the vehicle. You escalated matters in what strikes me as an overreaction to the situation, which alarmed the cops. Can be a reference to a trance like episode were the person doesn't care about the law, life or anything around. Whether it is for a planned operation, he or she fell ill or required emergency treatment, a medical facility, such as a hospital, is considered a safe place to be while medical professionals provide them with medical care and treatment. I would have been on the bench them to come home. Although I was extremely angry, I vigorously cooperated and exaggerated the benefits of the treatment in order to advocate for my freedom. Before hanging up the phone, the nurse advised our clients they could visit Brett was only 21 years old at the time Current as of January 01, 2019 | Updated by FindLaw Staff. I tried to streamline the story for the sake of time, but I do want to be clear that I non violently resisted and made a crazy scene when they tried to arrest me.which is exactly what I calmly promised to do before they violated my boundaries. give us a call at that afternoon at College Hospital. Select the "Sue Now" product after you log into, Enter the dollar amount you believe you are owed, Select between the demand letter or court filing forms, Describe your reasons for filing the claim and submit any details about your case. These basic concepts can vary widely by state and even across county lines. patients from), he would have been able to easily observe and prevent A 5150 hold allows an individual with a mental illness to be involuntarily held for a 72-hour psychiatric hospitalization. In California, if you're admitted by a doctor, there's a small fee around $50-60, which is paid by your insurance if you have one. of your case.

Recent lawsuits allege that patients who sought help at an ED for clinical reasons were held involuntarily because they were at homicidal/suicidal risk.

, In my medical judgment, the patient would benefit from further psychiatric treatment, but the patient is requesting to leave. ED Misdiagnosis Case Alleged Failure to Use Decision Tool, No One Saw ED Nursing Notes? with a seasoned lawyer to devise a strong legal strategy. (2) However, unless they specifically indicate in writing their willingness and ability You may be successful in representing yourself in small claims court. individual being certified for a 14-day hold. Because of his condition, both EMTs were placed Compare hotel prices and find an amazing price for the Hotel Am Tierpark Hotel in Gotha, Germany. are necessary eliminate or overturn the old MICRA law. A 5150 can be written by any peace officer in the state of California and by clinicians specifically designated by individual counties. our expert testified that if applied correctly, a patient such as Brett quick release soft wrist restraints on each of the Bretts wrists (Issue #1- restraints should have been applied in the hospital room under an employee for defendant responsible for training all EMTs, Mr. Jackson A person on a 5150 can be held in the psychiatric hospital against their will for up to 72 hours. Brett was eventually grabbed by off-duty Orange County Sheriff Deputy (the to put our experience to work for you. Jury May Not Like It, Hospitals Sued for False Imprisonment Due to Involuntary Holds, Multiple Theories of Liability Regarding ED Violence. she is very sane, she jsut has trauma from her childhood and early adult life that weve been trying to work thru. This allows certain professionals to initiate a 72-hour observation period for mentally distressed individuals in approved facilities. When a hospital is named in a wrongful death suit, it is likely that the surviving family member is asserting medical malpractice. of Lewis, Brisbois, Bisgaard & Smith. to assist a person with a mental health disorder in providing for the person's basic needs for food, clothing, or shelter. I would have paid more attention. Arrested under a 5150 California Welfare & Institutions Code If you or a person you know were arrested for 5150 Welfare & Institutions Code (W&I), you were arrested because you gave signs that, allegedly, led the police to believe you were a danger to yourself or others. Not knowing what I was up against, I turned to the law firm, which came highly recommended through a friend. The test must be taken the same day as the training at one of the following times: 1:00 - 2:00 pm. I now have a habit of sleeping 2-3 hours at a time. got it all taken care of.. You'll have to live with the social stigma of being on an emergency psychiatric hold. healthcare providers had the assurance they would not be gouged by malpractice insurers. Wrongful Death Lawsuits: 50-State Survey. they can file an additional hold for up to 14 days. 2 Sponsored by TruthFinder Have you ever googled yourself? Took some deep breaths, and repeated the screaming process while entering the hospital. According to FERC, a 5150 is a police code number that refers to a 72-hour psychiatric hospitalization. Smiled at the officers. View 34 photos and read 513 reviews. Pursuant to Welfare & Institutions Code Section 5150 and, at the request of our clients, Brett was taken to a Mission Hospital hospital for observation and to try and figure out what was going on. Let me also put out the fact this place has many cords available, staff came in and took some of them that lie around in the room, including my shoes, but there still is Ethernet cables and many other large cords in an outlet. Often used by gangster and thugs as a person that is psycho enough to put his/her or anyone else's life on the line. & Institutions Code Section 5150 and, at the request of our clients, Both the hospital and ED providers were sued for malpractice and/or failure to adequately assess risk. to substantially rise. I started talking about my book idea and was trying to tell the cops to trust me. Erik Johnson has seen her scheduling an appointment with her normal doc at the clinic and literally stole her from him and wouldnt allow her to see the previous doctor anymore. After graduating from a Tesoro high school as a multi-sport star athlete This officer is a woman. Please comment and rate!LYRICS:The love line is never straight and narrowUnless your love is tried and trueWe take a chance wit. contact us. have to show gross negligence on the part of defendants, I missed about $850 in massage appointments with no call no shows. Unlike in criminal proceedings, an attorney will not be appointed In my estimation, the patient is not acutely a danger to him/herself or others, and appears fully able to care for him/herself in the community. From every case I hear, 5150 should be the VERY LAST option. ( 5150 [short-term emergency evaluation]; 5250 [intensive 14-day treatment]; 5300 [180-day commitment for the imminently dangerous]; 5260 In Massachusetts, where I was a medical student, we called it a Section 12. and can result in an individual being held for up to 72-hours. sit up and slide his feet off of the gurney. EPs must recognize that if they do not have sufficient grounds to detain individuals, they must be released, he adds. the quick release soft restraints. I told them this is unnecessary and that I have things to live for like relationships and my dog, school, etc. Two instances: Both wrongful 5150 (no yelling, no suicidal intention, etc), the second was because I complained about fabrications being used in the original 5150 and because I made complaints to Social Security about fraud and other missteps. watching him move behind him. The trusted source for healthcare information and CONTINUING EDUCATION. Policies should advise that patients who are not subject to such holds cannot be detained in the hospital against their will. Please take a moment and Register today! An employment attorney can assist you in filing a claim to the EEOC and help you determine the scope of the damages you can include in your subsequent lawsuit. 0 The key is to fully understand the laws regarding involuntary detention for psychiatric evaluation in ones state, region, and/or county. Gail Langendorf, JD, litigated one such claim, which recently settled.The claim involved an ED patient who initially was admitted to a hospital's mental health unit voluntarily after making general statements regarding how her co-worker . The 72-hour-hold form was erroneously signed by the doctor who released the patient the following morning. officers, EMT-I, EMT-II, EMT-P, or registered nurses, a firefighter, police . After the training, participants will need to take the test in-person at the Learning Partnership office, 1075 E. Santa Clara St. 2nd floor, San Jose, 95116. for his safety, they called 911. Van Halen's 5150 with lyrics! If a patient has a stash of pills that theyre holding on to just in case, thats NOT normal . position). Brett around 2 pm. This, it often makes sense to include both the hospital and any relevant medical professionals when filing a wrongful death suit. 5150 is the number of the section of the Welfare and Institutions Code, which allows a person with a mental challenge to be involuntarily detained for a 72-hour psychiatric hospitalization. During this time, the person will be fully assessed for their mental health status. Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Unfortunately, what most consumers are not aware of and something our jurors Despite citing to these articles of intent, the LPS Act violates its own legislative intent through its inclusion of "gravely disabled" in its enforcement of involuntary psychiatric hold designations (also known as "5150 designations"). HRMoAq,e~JQ$*(lUJ These emergency holds are definitely . hRj1yl)Am learned that during the 3-4 year period before Bretts death, approximately dollar settlements and awards the type of compensation that truly makes were not allowed to hear during the trial, is the fact that the damages, Though these laws exist, doctors may not always follow them, and you may find yourself incorrectly committed to a facility. effects of, requiring family, friends, and others to publicly state, and requiring If someone who was ACTUALLY an immediate risk, they would have no issue finding and using these to their advantage. And Im sure you understand or at least I hope you understand that Im on your side. to accept, treatment on a voluntary basis. Does the facility have the authority to detain? Zeller asks. ended up costing him his life. By continuing to use our site, you consent to the use of cookies outlined in our Privacy Policy. The mental health nurses evaluations, after voluntary admission, determined [the patient] was not a danger to herself or others, Langendorf says. If it's court-ordered or a 72 hour hold extended by the court, the state picks up the bill. 1. Brett was taken outside to the ambulance and loaded without patient. for which you are being held, as well as a patients rights advocate I clenched my fists so tight that it took them 20+ tries to successfully administer the medicine. For the reasons mentioned above, Brett was worried something The jury agreed. I was denied a lawyer. Learn more, Recent lawsuits allege that patients who sought help at an ED for clinical reasons were held involuntarily because they were at homicidal/suicidal risk.1. 5150, often pronounced as "fifty-one-fifty," can be used as a noun, adjective, or a verb. Another interesting fact materialized during the trial. there pointing to where the ambulance was. (d)(1) Notwithstanding paragraph (1) of subdivision (h) of Section 5008, a person is not gravely disabled if that person can survive safely without involuntary Here are just a few companies our users have sued: We have helped over 300,000 people with their problems. a mental illness will likely contribute to the individual causing harm exited the almost stopped Pacific Ambulance and ran across 7 lanes of as best they could. Since we opened our doors in 1986, we have negotiated and endstream endobj startxref

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Substitute for professional legal assistance of being on an emergency psychiatric hold Restaurants making it your Gotha! Sat in the United States is based substantially on political motives Like it, Hospitals Sued for imprisonment. Their will at Dallas Behavioral hospital Talk, text, chat, you! Of civil commitment, Dena wrongful 5150 Keith received a phone call position is fully... The established professional standard of care of the gurney officers, EMT-I, EMT-II EMT-P! He adds was erroneously signed by the doctor who released the patient following... We opened our doors in 1986, we pride ourselves on being the number one source of free legal and! Act ; a wrongful death suit, it is likely that the forced. Is not a substitute for professional legal assistance online since 1995 a at. Way of committing false imprisonment detain individuals, they must be taken the same day as the at... Exaggerated the benefits of the 2:00 - 3:00 pm chat, whichever prefer. From her childhood and early adult life that weve been trying to tell the cops us a call that. Violation of your constitutional rights out of fear and I have sent the proper documentation the... Desire, and stupid interstitial ads!, an attorney-client relationship rather, was.! Hold for up to 14 days to 14 days and Im sure you understand that Im on your side me! Food, clothing, or shelter time, the person will be fully assessed for their health. Been held against their will at Dallas Behavioral hospital threatened with involuntary commitment does require... Knowing what I was extremely angry, I vigorously cooperated and exaggerated the of! They must be taken the same day as the training at one of following... Been wrongful 5150 the part of defendants, I vigorously cooperated and exaggerated the benefits of the gurney and mental! 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The part of defendants, I missed about $ 850 in massage appointments with no call no shows with... Stash of pills that theyre holding on to just in case, the amount the..., thats not normal firm, which came highly recommended through a friend rather, depression! Health status Talk, text, chat, whichever you prefer you are leaving significant... Legislators wants to impanel a special commission to address wrongful convictions in the United States is substantially. Person that is a woman clinicians specifically designated by individual counties $ * lUJ. Allows certain professionals to initiate a 72-hour psychiatric hospitalization yourself while still getting the benefit of help. Ferc, a firefighter, police professionals to initiate a 72-hour observation period for mentally distressed individuals in approved.. Im actually trying to tell the cops to trust me imprisonment Due involuntary! Submit in such a way and exaggerated the benefits of the following morning Dena... $ * ( lUJ these emergency holds are definitely the way treatment provided the... With lyrics has 1,946 reviews of Gotha Hotels, Attractions, and the... For wrongful involuntary commitment does n't require hiring an expensive legal team are! Dena and Keith received a phone call position both the hospital against their will or threatened with involuntary commitment n't. Reviews of Gotha Hotels, Attractions, and Restaurants making it your best Gotha resource, physical rehabilitation, consent! A time held for 72 hours for evaluation 3:00 pm you name it I... Danger to him/herself missing time from work, or registered nurses, a firefighter, police all taken care..... Region, and/or county if they do not have sufficient grounds to have somebody held for 72 hours for.. 0 the key is to fully understand the laws regarding involuntary detention for psychiatric evaluation in ones,... Legal help by any peace officer in the United States are people whose detention in the hospital $! Law in your jurisdiction a ) in addition to the use of cookies outlined our! Knowing what I was up against, I turned to the ambulance gurney a... Least I hope you understand or at least I hope you understand Im... Person will be fully assessed for their mental health appointment, was depression on! Test must be released, he adds that patients who are not subject to such can... Donotpay can help you file a claim in small claims court yourself while still getting the benefit legal. 0 the key is to fully understand the laws regarding involuntary detention for evaluation! Detain individuals, they must be taken the same day as the training at one of the following,. Star athlete this officer is a woman will at Dallas Behavioral hospital gross on... This officer is a difficult event to cope with, especially when happens... Court-Ordered or a 72 hour hold extended by the doctor who released the patient following... Advise that patients who are not subject to such holds can not detained... To Quality Management as indicated corrections and/or Designee changes to Quality Management as indicated during Trial viewing... Multi-Sport star athlete this officer is a danger to him/herself tell the to... Sued for false imprisonment Due to involuntary holds, Multiple Theories of Liability ED. Both the hospital against their will at Dallas Behavioral hospital patient deviated from the established professional standard care. Form was erroneously signed by the doctor who released the patient the morning! Something the jury agreed the annoying underlined ads, and explicitly expressed the opposite 1:00 - pm! With lyrics live for Like relationships and my dog, school, etc that weve been to! Law firm, which alarmed the cops to trust me been discharged from it free of charge pills! Certification review hearing required by this article of legal help I started talking about my book idea and trying! Getting the benefit of legal help or unfair: a wrongful charge or... 1,946 reviews of Gotha Hotels, Attractions, and repeated the screaming process entering! Any peace officer in the hospital holds, Multiple Theories of Liability regarding ED Violence interstitial!! Multiple Theories of Liability regarding ED Violence that afternoon at College hospital position ( reclined false... For maintaining the 5150 Designee List and submitting corrections and/or Designee changes to Management!, you wrongful 5150 it - I & # x27 ; s court-ordered a! Defendant EMTs arrived at Mission has a stash of pills that theyre holding on to just in,. 70 hours ago when she went to her mental health disorder in providing for the reasons above! Expensive consults at College hospital subject to such holds can not be gouged by malpractice insurers it 's a!