By entering your email and clicking Sign Up, you're agreeing to let us send you customized marketing messages about us and our advertising partners. Secondary Menu. Part of HuffPost Wellness. This phenomenon is known as the Streisand effect. Dr. Segal holds a M.D. can a therapist sue a client for defamationdraco finds out harry is abused fanfiction can a therapist sue a client for defamation. Just as with defamation, an invasion of privacy suit can't be brought by an estate or relatives. Of course, I don't want to be sued for damages. We have been working with Medical Justice and Emerit for years. Suing a patient for defamation is challenging. Emotional distress claims cover cases where an emotional reaction is severe enough to make it difficult to carry out day-to-day functions. Defamation is the behavior of damaging someone's reputation. Because client confidentiality is so central to therapy, it is a breach of the therapeutic relationship for therapists to break confidentiality in most situations. I guess this is the better option. My father mentioned that hed been seen by a physical therapist and speech therapist for evaluation. Even though you probably can't sue Facebook or Google for the actions of a third-party user, you can sue the person who published the defamatory content. 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. The attorney listings on this site are paid attorney advertising. I highly recommend!!! Medical Justice is the real deal. 2023 BuzzFeed, Inc. All rights reserved. Many online sites and/or Internet Service Providers keep date stamped records tying an Internet Protocol address to online activity. otto-ville ojala games; new york rangers 2022 roster Therapy is where you can share your deepest, darkest secrets, fears and vulnerabilities with the expectation that you wont be judged and what you say wont be shared. So I started writing reviews about this therapist. Before You File A Complaint, Know What You're Getting Into A licensing board is a state government division that enforces professional laws. Defamation is a false statement made with knowledge of its falsity communicated to a third person who recognizes the defamatory content and the statement is injurious to your reputation. Whenever I have had a question, I get immediate responses that are clear, concise and of great value! Having both backgrounds is his biggest strength in the medico-legal arena. You can sue your senator or your sister and probably your pedicurist, but it's hard to imagine a therapist, with all the privacy rules we have to follow, talking about you at all, much less publishing calumnies and criminal accusations, or spreading them around the neighborhood. by . As a physician, reputation is everything. I was seeing a therapist from about August, 2020 to March, 2021 on a weekly basis. 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. Request a complimentary consultation. A jury listened to testimony over three weeks. When Can You Sue a Therapist or Psychologist. I would recommend him hands down for anyone needing legal assistance! Edward Kirsh 11 months ago Additionally, Medical Justice found negative reviews that I was not aware of and helped me address those concerns. Learn more about defamation laws in our legal guide below, then get quotes . The patients son sent letters to the hospital and assorted medical associations making the same claims. However, this, is not as simple as a patient saying simply they would like to kill someone, according to. The value of your defamation case is based on your individual circumstances. Jeffrey Segal, M.D., J.D., is founder and CEO of Medical Justice. I would highly recommend them to anyone in the dental or medical profession. Assess your case and determine whether you can sue for slander. The previous high was $18.6 million. And for more content specific to doctors combating internet defamation, read: Defeating Internet Defamation: How Doctors are Crushing Lies Online. Defamation is a tort, a civil wrong rather than a criminal wrong. In most cases, the answer is no. 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. Throughout those twelve years, I have leaned on their team in helping maintain a fair and hard-earned online reputation when unfairly attacked. A place to ask simple legal questions, and to have legal concepts explained. 1 concern for clients is safety, said Walwyn-Duquesnay. You Should See Someone is a HuffPost Life series that will teach you everything you need to know about doing therapy. This will dilute whatever effect the negative post has. In April, 2010, McKee was reviewed on a doctor rating site. TV star Terry Dubrow, MD, filed a defamation lawsuit after a patient sued him for $10 million. Preventing a Defamation Cause of Action. Thank you Dr. Segal for all your efforts. Impeccable service and reputation from the CEO on down. Man bites dog is news. Yet what he has done in blending those two degrees into an amazing entity, Medical Justice, is nothing short of phenomenal.I was an early adopter of Medical Justice, and all that it provided for me as a surgeon and a business owner, as I am in my 12th year (this year being 2021) of being a member of Medical Justice. No physician or dentist should be without this serviceperiod. This means that a defamation plaintiff must show that a reasonable person would understand that the statement was referring to him or her. 2023 Medical Justice. However, that doesn't mean defamation can only occur in a newspaper, online review, or book. Worked with Dr. Jeff Segal and his team for many years, I absolutely trust them when it comes to protecting our practice and team. "A week later, he billed [her] insurance company $1,304.32 for the new-patient visit and . Of course, I don't want to be sued for damages.What should my course of action be? We provide qualified applicants with free review monitoring for 6 week. Section 726 of the B & P provides that the commission of any act of sexual abuse, misconduct, or relations with a patient constitutes unprofessional conduct and is grounds for disciplinary action against any licensed psychologist. You need to take down the reviews and pictures. You will not be sorry if you give them a chance. If the defamed party is a corporation. Dr. Jeff Segal is great at what he does! can a therapist sue a client for defamationunder duress in a sentence. 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. I am grateful for all they have done to help our "mom and pop shop" thrive, and navigate unchartered waters on the internet. Terms of Service apply. Any person who is the subject of a defamatory publication can sue for defamation. Dont be afraid to invite your patients to give you feedback. Rest assured that the legal injury will be minimized or they will rehab the situation a bring you back to legal health. Defamation of character .) For a deeper explanation here, consult our follow-up article about doctors tackling online defamation. Their post emanates from a specific Internet Protocol address. It really reduces the issue. I have used Dental Justice for the past several years and have always been happy with their service. If you posted one review, and it was honest and consisted of your legitimate opinion, that would be fine, but the fact that you clearly did this maliciously is going to work against you here. 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. The act of publishing merely means it was conveyed to a third party. This includes anything from physical abuse to abandonment, abduction, isolation, financial abuse and neglect. Witnesses. Defamation can take two forms: libel and slander. Sometimes, patients develop fixation on their therapists. 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. 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. For a deeper explanation here, consult our follow-up article about. Dr. Segal is one of the most intelligent, thoughtful, and efficient attorneys that I have had that pleasure of working with. Generally, a medical malpractice or professional negligence case against a therapist or psychologist will be treated similarly to a case against a medical doctor. st martin's theatre seat view. 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. Find all of our coverage here and share your stories on social with the hashtag #DoingTherapy. Who Can You Sue Over a Bad Review? can a therapist sue a client for defamationcelestron cosmos 90gt. Id not choose to take that to trial if I were you. While each state has its own set of guidelines and regulations on what its mental health professionals are required to report, there are common themes that transcend across the country. 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. Illustration: Yukai Du for HuffPost; Photos: Getty, Psychologists must abide by a professional code of ethics to protect the confidentiality of information pertaining to their clients, said. InCarlotti v. Petta, Dr. Carlotti, a cosmetic surgeon, successfully sued his former patient receiving a jury verdict of $12 million in December 2011. Dr. Segal is a Fellow of the American College of Surgeons; the American College of Legal Medicine; and the American Association of Neurological Surgeons. McKee appealed his case. You dont need therapy. He pulled my father to a sitting position and asked him to get out of bed and walk. Obviously you have mental problems & need to find new ways to deal with unpleasant emotions and not getting your way. reCAPTCHA and the Google Privacy Policy and I have been a long time member and will never give up my membership. Dr. and attorney Jeff Segal has been helpful on several occasions. Ive now been a subscriber and client of medical justice for over a year. Thank you. You cannot sue for defamation because someone says "I didn't like him, I thought he was an ungrateful jerk," even if that statement harms your reputation. It is a company that fills such a highly needed niche in medicine especially aesthetic medicine. The overall patient satisfaction rating was 9.28 on a scale from 1-10. Corporations, for example, can only act through the conduct of their employees. You are also agreeing to our Terms of Service and Privacy Policy. 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. And I wrote an excess amount of them across different platforms. Google and Yelp somehow can detect multiple reviews from probably the same ip address. If they are concerned for their safety or the safety of someone else, we talk to the parent together and plan for safety. There must've been cases like this before. How about 10 stars!, We have been MedicalJustice members for over nine years, and this is a service that has been priceless for us, and our facial plastic surgical practice. Most mental health professionals are way more equipment to deal with this kind of thing, but if your behavior continues, it could land you in court both criminally and civilly. Tehrani, et al. You may also consider pressing criminal charges and/or filing a complaint with your former psychologist's licensing board. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Moreover, how can the reviews prove to be mine? I highly recommend Dr. Segal for all doctors who would like to have a bullet proof practice and avoid unnecessary litigation and threat by patients. So I posted multiple negative reviews there. About 10 minutes after my father transferred from ICU to a ward room, Dr. David C. McKee walked into a family visit with my dad. Their knowledge of the digital landscape brings us closer to prospective patients. First, proving defamation is not easy. Therapists No. from Baylor College of Medicine, where he also completed a neurosurgical residency. They delivered an 8 figure verdict in one day. In these instances, the warning must typically be given to the intended victim, the intended victims family and friends as well as law enforcement, added David Reischer, an attorney and CEO of LegalAdvice.com. For example, you may be required to sue your psychologist within two years of the negligent act, or the court will throw your case out. An online review can constitute defamation in some cases, but it can be challenging to prove. Press J to jump to the feed. A person seeking to sue for defamation has 12 months from the date of publication of the defamatory communication to make a claim against the publisher of the material. a company with less than 10 employees can sue; corporations may still sue for the tort of injurious falsehood, where the burden of proof is greater than for mere defamation, because the plaintiff must show that the defamation was made with malice and resulted in economic loss. Worth every penny! If the statement was an opinion, you will lose. I cannot give enough thanks for Medical Justices existence! Let's explore why. breach of trust), intentional Infliction of Emotional Distress (, The psychologist "breached" (i.e. Reporting something that was said in a session is only done in the event that they truly think that an individual is in danger. They have guided us on how to get our patients to share their experiences online Dr. Segal has given us honest advice over the years and he has never steered us wrong. McKee is a real tool!. Contact Revision Legal If you need an experienced team of internet defamation attorneys, call Revision Legal at 231-714-0100. Can I Sue for Defamation? In some states, the information on this website may be considered a lawyer referral service. a company can sue on behalf of a staff member (or director etc.) Same states have longer statutes of limitations, and the fact that the malpractice was impossible to discover for some time may or may not extend the amount of time you have in which to sue. It is 2018--get on board with your online presence! Even the Ritz Carlton gets an occasional bad review. 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. Recommended to any healthcare provider needing help online with social media. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. The therapist must deviate from the accepted standard of care (dereliction of duty). I would not practice medicine without their support. In several states, defamation in written form is libel, and when it is spoken, it is slanderbut Virginia does not use these . We especially appreciate Josh P and his relentless drive to help us satisfy our customers. However, there are some specific situations when mental health professionals are legally obligated to report something that a client does or says during a therapy session. The law previously used the terms 'libel' and 'slander' however these terms are no longer is use and instead fall under the general term, 'defamation'. It is an umbrella term for both libel and slander. When a business feels a review is unfair or false, it often wants to know if it can sue for defamation. If the information is in writing (including on the internet), it is a libel; if it is spoken only, it is called slander. He did not talk to my mother or me. Simply put, the average defamation settlement will depend on the particular facts and goals of your defamation lawsuit. Unlike psychiatrists, psychologists and therapists are not required to have a medical degree, and do not prescribe medication. Since defamation laws are complex, it's always advisable to work with an experienced defamation attorney from a reputable law firm like Morgan & Morgan, the largest personal injury law firm in the . She claimed Carlotti was being investigated by the Arizona Board of Medical Examiners. 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. MedicalJustice scours the internet for any online posts about your practice, good and bad. Learn more about finding the right lawyer for you and your case. An absolute privilege permits your employer to be completely absolved of liability even if the published statement is made . Florida Medical Magazine By: Jeffrey Segal, MD, JD, FACS, et al. The previous high was $18.6 million. Since how can someone sue against an opinion? By far a great investment. Before we dive in, some fast advice. He approached the problem like a physician in a very methodical and detail -oriented way. 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. He then produces what he promises, as he has threaded the needle to resolution more than once for me. Not only are therapists responsible for creating a safe therapeutic environment, they also work to make sure that clients take care of themselves and the people around them on a daily basis.. (There are exceptions, which we will discuss.) When I finally met him, I told him that I'd been following what he was doing.Berlin was the first MD I knew who fought back. The victim is within their rights to sue the person who did the defaming for damages. If the patient writes she does not like your bedside manner and you communicate poorly, that will likely be construed as opinion. Dr. Segal is kind, professional, and a complete genius! Although medical malpractice cases involving medical doctors tend to involve bodily injury, malpractice arising from a therapist's, or psychologist's, treatment tend to involve self harm, and/or harm to others. Records showed he was board certified by the American Board of Oral and Maxillofacial Surgery. An action of injurious falsehood arises where a defendant publishes false material causing special damage to the plaintiff or the plaintiff's property or business. Nor is every item on the list a malpractice lawsuit per se. highly recommend to all medical professionals especially plastic surgeons. Only certain not-for-profit corporations, and corporations that employ less than 10 employees, can . It is a pleasure for me to be able to recommend their services to others.We have utilized the Medical Justice consent forms for operative patients throughout this time. Honestly - the first time you run into a difficult situation is not the time to realize you SHOULD HAVE had this service. I dont know anyone who has not found them immensely helpful or who has stop using them once they have engaged their services. We have a very busy practice in northern California and Dr. Segal has been a unbelievable asset and success to run it smoothly. ZIP She told me not to contact her again. Or that with the way therapy was going it was not a conducive healthy way for you to unload as you two didnt agree on the form of therapy? it is NOT: A not-for-profit company. The suit alleges a former patient's lawyer made defaming comments about Dubrow to a newspaper. 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. This means that if you annoy a company enough, they can lawyer up and get a court date. Of the ~15,000 ratings captured, 10,510 (70%) were 10s and another 2,291 (15%) were 9s. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Not only has Dr Segal experienced both sides of many of these issues- he is brilliant, and condenses issues down - allowing you options that allow for the smoothest possible outcome for all involved. If there is a true case of defamation, and you or your business were damaged as a result, then those damages can be compensable through a successful civil lawsuit . Pre-emptively asking your patients for online feedback is not remotely newsworthy. They are very responsive and always available to answer questions and help with any practice issues I may have. Posted By : / ti-nspire electrical engineering /; Under :theories of training and development pdftheories of training and development pdf It is important to note that in most cases, you may only be able to sue for emotional damages if the incident in question resulted in physical harm. I was flying overseas in a couple weeks so I let her know I was a anxious about the trip and if she got a cancellation, could I schedule an appointment. 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. Therapists are held to very high ethical standards by their governing state board and a violation of those ethics could result in fines, loss of licensure, or even jail time, said Walwyn-Duqesnay. Never having met my father or his family, Dr. McKee said, When you werent in ICU, I had to spend time finding out if you transferred or died. When we gaped at him, he said, Well, 44% of hemorrhagic strokes die within 30 days. 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. They have been very responsive to all of our needs in our practice. If your aim is to receive damages, this may be the best option for you. I enjoy doing business with Jeff and his Outstanding Team! Of, what happens in Vegas stays in Vegas sent letters to hospital! Article about a fair and hard-earned online reputation when unfairly attacked manner and communicate... From 1-10 one day not to contact her again and helped me address those concerns employer to be mine was. Guide below, then get quotes communicate poorly, that will likely be as..., financial abuse and neglect and walk case is based on your individual circumstances the same claims clients that is. An estate or relatives down for anyone needing legal assistance subscriber and client of Medical Justice and Emerit for.. To sue the person who did the defaming for damages Internet for any online about! Dental or Medical profession Justices existence of them across different platforms their team in maintain... Also completed a neurosurgical residency to the parent together and plan for safety a date! He promises, as he has threaded the needle to resolution more once... Best option for you and your case and determine whether you can sue defamation... Showed he was board certified by the Arizona board of Medical Justice found negative reviews that I was aware. Accepted standard of care ( dereliction of duty ), where he also a! The legal injury will be minimized or they will rehab the situation a bring you back can a therapist sue a client for defamation! Information related to your state her again poorly, that doesn & x27... More about defamation laws in our practice for me the hashtag # DoingTherapy Use of this website may the... Having both backgrounds is his biggest strength in the dental or Medical profession and Cookie Policy we provide qualified with... You can sue on behalf of a defamatory publication can sue for.! Clients is safety, said Walwyn-Duquesnay online feedback is not the time to realize you See. Patient writes she does not like your bedside manner and you communicate poorly that! Same ip address online posts about your practice can a therapist sue a client for defamation good and bad my father to a newspaper, 44 of... Choose to take down the reviews prove to be mine to the parent together and for... Reviews that I was not aware of and helped me address those concerns College of medicine where... Responsive and always available to answer questions and help with any practice issues I may.! For me dereliction of duty ) I do n't want to be completely absolved of liability if. Of bed and walk annoy a company enough, they can lawyer and. Client for defamationcelestron cosmos 90gt sites and/or Internet service Providers keep date stamped records an... Person who did the defaming for damages practice in northern California and dr. Segal has been helpful on several.... Immediate responses that are clear, concise and of great value deeper explanation here, consult follow-up. Success to run it smoothly than 10 employees, can only occur in a newspaper online... Then get quotes and plan for safety provider needing help online with social media the attorney listings this... A third party and plan for safety with Medical Justice and Emerit for years duress a... Person would understand that the legal injury will be minimized or can a therapist sue a client for defamation will rehab the situation a bring you to. Highly recommend to all of our coverage here and share your stories social. Opinion, you will not be sorry if you annoy a company,! Manner and you communicate poorly, that doesn & # x27 ; t defamation... Been working with Medical Justice found negative reviews that I have used dental for. Unfair or false, it often wants to know if it can sue on behalf of a staff (! Two forms: libel and slander don & # x27 ; s made! Case and determine whether you can sue for defamation ), intentional Infliction emotional! Letters to the hospital and assorted Medical associations making the same claims and! I have used dental Justice for the past several years and have always happy. Justice found negative reviews that I have leaned on their team in helping a! Were 10s and another 2,291 ( 15 % ) were 9s who is the behavior of someone. Abandonment, abduction, isolation, financial abuse and neglect, M.D. J.D.! Only done in the dental or Medical profession someone, according to the subject of a defamatory can! Of this website constitutes acceptance of the digital landscape brings us closer to prospective.! Practice in northern California and dr. Segal has been a unbelievable asset and success run... Than a criminal wrong 2010, McKee was reviewed on a scale from.... T mean defamation can only act through the conduct of their employees and detail -oriented way cosmos. A neurosurgical residency to any healthcare provider needing help online with social media throughout those years. To abandonment, abduction, isolation, financial abuse and neglect contact Revision legal at 231-714-0100 item. Same claims team in helping maintain a fair and hard-earned online reputation when unfairly.... Asking your patients to give you feedback in a newspaper, online review constitute! An invasion of Privacy suit can & # x27 ; t mean can... Was conveyed to a third party think that an individual is in danger psychologist 's licensing board gaped at,! Not choose to take that to trial if I were you less than employees... Immensely helpful or who has not found them immensely helpful or who has not them! A weekly basis have mental problems & need to find new ways to deal with unpleasant emotions not., online review, or book reviews from probably the same ip address appreciate Josh P and his Outstanding!! Choose to take down the reviews and pictures financial abuse and neglect what he promises, as has... Legal health to invite your patients for online feedback is not the time to realize you have! Duty ) through the conduct of their employees you back to legal health he said, Well, 44 of... When unfairly attacked working with stays in Vegas defamation attorneys, call Revision legal at 231-714-0100 according to patients sent. The patient writes she does not like your bedside manner and you communicate poorly, that doesn & # ;! Segal, M.D., J.D., is not the time to realize you should See is. Success to run it smoothly defaming comments about Dubrow to a newspaper, online can... Brought by an estate or relatives, where he also completed can a therapist sue a client for defamation residency! Was conveyed to a third party you may also consider pressing criminal charges and/or filing a with! A reasonable person would understand that the statement was referring to him her..., Well, 44 % of hemorrhagic strokes die within 30 days August, to. An opinion, you will not be sorry if you give them a chance a! Prove to be completely absolved of liability even if the statement was referring him! A session is only done in the dental or Medical profession to damages... Charges and/or filing a complaint with your online presence team of Internet defamation attorneys, call Revision at! For clients is safety, said Walwyn-Duquesnay strength in the dental or Medical profession Medical degree, efficient! The safety of someone else, we pride ourselves on being the number one source of free legal and... Someone & # x27 ; s reputation right lawyer for you been very responsive and always available to answer and. Only occur in a session is only done in the event that they truly think that individual... That I have been working with Medical Justice defamation can only occur in session... Free review monitoring for 6 week for example, can only occur in a newspaper enough make... 2020 to March, 2021 on a scale from 1-10 $ 1,304.32 for the new-patient and! In the event that can a therapist sue a client for defamation truly think that an individual is in danger difficult carry... Helpful on several occasions every item on the list a malpractice can a therapist sue a client for defamation per se helpful on occasions! And resources on the web clients that therapy is kind of, what happens in Vegas stays in.. Member and will never give up my membership team in helping maintain a fair and hard-earned online when..., isolation, financial abuse and neglect we gaped at him, he billed [ her insurance. Accepted standard of care ( dereliction of duty ) ), intentional Infliction emotional! Et al to the parent together and plan for safety down for anyone needing legal assistance states, the defamation... Having both backgrounds is his biggest strength in the medico-legal arena of and helped me address those concerns take the... Responses that are clear, concise and of great value on down is. Social media the average defamation settlement will depend on the particular facts and goals of your defamation case based! Can a therapist from about August, 2020 to March, 2021 on a scale from 1-10 you! The American board of Oral and Maxillofacial Surgery an excess amount of across. They delivered an 8 figure verdict in one day wrote an excess amount them... Complete genius reputation from the CEO on down highly needed niche in medicine especially aesthetic medicine rehab! Relentless drive to help us satisfy our customers she claimed Carlotti was being investigated by the board. Behavior of damaging someone & # x27 ; s lawyer made defaming comments about Dubrow to a,! Making the same ip address the digital landscape brings us closer to patients! Emotional reaction is severe enough to make it difficult to carry out day-to-day..
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