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It's only malpractice when there's negligence. If other doctors agree that they could have made the same mistake, it's not malpractice.
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You also don't sue for malpractice unless something goes catastrophically wrong. I've had doctors make ludicrously bad diagnoses, and while it sucked until I found a competent doctor and got proper treatment, it wasn't something I was going to go to court over.



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