No - Masterful. "Clients should not withhold anything from their therapist, because the therapist is only obligated to report situations in which they feel that another individual, whether it be the client or someone else, is at risk," said Sophia Reed, a nationally certified counselor and transformation coach. Or Dr. Absolutely take that down. 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. Their post emanates from a specific Internet Protocol address. It was written like a prelude to a defamatory lawsuit. 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. 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. Create an account to follow your favorite communities and start taking part in conversations. 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 glad that I trusted him with my issue which he solved by doing background research into the issue from other specialists. Thank you, Medical Justice! Doctors can file John Doe lawsuits making the case for defamation. Maliciously or negligently made. For a deeper explanation here, consult our follow-up article about doctors tackling online defamation. While there is no such thing as an " average . Medical Justice welded it there. 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. Pre-emptively asking your patients for online feedback is not remotely newsworthy. Defamation is a tort, a civil wrong rather than a criminal wrong. MedicalJustice scours the internet for any online posts about your practice, good and bad. Meeting with a lawyer can help you understand your options and how to best protect your rights. The reality is that anyone can sue anyone at any time for any thing. Cinas said a therapist may have to step in and report a situation when vulnerable people are threatened, which could include children, elderly individuals and those living with a disability. He did not talk to my mother or me. Defamation is a type of personal injury. A big help in that. 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. Doctors suing patients (and their families) is news. In a legal sense, they set you up with tools for preventive care, assist when there is an injury and handle the legal traumas. For something to be defamation, it has to be published. I said I would like to take a break and then she asked me if I wanted a last appointment for closure. Libel is regarded as written defamation, while spoken defamation is called slander. The suit alleges a former patient's lawyer made defaming comments about Dubrow to a newspaper. Some internet "specialists" recommend ignoring bad reviews, but for us, that philosophy is not cool. Medical Justice Founder and CEO, Jeff Segal, MD, JD, provides consultations to doctors in need of guidance. The dereliction must cause damage/harm to the client (damage). 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. walker kessler nba draft 2022; greek funerals this week sydney; edmundston court news; can a therapist sue a client for defamation. thanks!!! Google and Yelp somehow can detect multiple reviews from probably the same ip address. But, such sites are immune from most litigation. Most situations will stay under wraps. The thin-skinned caller wanted to sue for defamation because she had . The patient must prove that a duty was owed, breached, and that the breach caused the injury. I was impressed with the amount of attention and copious amounts of time they committed to resolving my case. They have been very responsive to all of our needs in our practice. What can be done when that happens? Skillful. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. You may also consider pressing criminal charges and/or filing a complaint with your former psychologist's licensing board. After the lawsuit was filed, more than 420,000 people visited the site the following month. I benefited from their online review services, their involvent in preventing a frivilous malpractice threat, and their pro-active legal seminars. In addition they have helped protect me from frivolous law suits while readily providing expert legal advice. Box 49669 Greensboro, NC 27419. Just as with defamation, an invasion of privacy suit can't be brought by an estate or relatives. can a therapist sue a client for defamation. I doubt anything will happen. However, this is not as simple as a patient saying simply they would like to kill someone, according to Jessica Nicolosi, a clinical psychologist in Rockland County, New York. So I started writing reviews about this therapist. In other words, suing for defamation might increase the damage caused by the post. The value of your defamation case is based on your individual circumstances. Slander is spoken defamation. The client asking that question usually feels that his or her integrity is being questioned, is very upset, and wants to know if he or she can "counter-sue." In the context of litigation, the answer is no. He was always available and attentive and demonstrated genuine concern and compassion towards making sure that all matters were handled with the highest level of efficacy. Honestly - the first time you run into a difficult situation is not the time to realize you SHOULD HAVE had this service. HIPAA is complicated and always changing. Their unmatched ability to handle my clinics online reputation has helped us earn more credibility therefor increasing our patient base. They take a highly responsive, professional, practical and no nonsense approach which has proven to be highly effective. I'm so happy to have found him! I was surprised at how reasonable the rates are. The American Academy of Facial Plastic and Reconstructive Surgery recommended MedicalJustice to all members in 2009, and after we got on-board, we were surprised to see more than a few negative internet reviews and comments about our practice. It renewed my faith in the justice system and made it a pleasure to practice medicine again. 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. I honestly could not recommend it more!CR MD. He saw a speech therapist and physical therapist for evaluation. That said, if a doctor can identify the actual author of a defamatory post, he can suethat person. 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. You can also text HOME to 741-741 for free, 24-hour support from the Crisis Text Line. Put all of that together and they have become an invaluable asset to our practice. InCarlotti v. Petta, Dr. Carlotti, a cosmetic surgeon, successfully sued his former patient receiving a jury verdict of $12 million in December 2011. I have been a long time member and will never give up my membership. "A week later, he billed [her] insurance company $1,304.32 for the new-patient visit and . Start with your legal issue to find the right lawyer for you. [1]recently published an article summarizing findings of validated online patient satisfaction surveys. 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. The overall patient satisfaction rating was 9.28 on a scale from 1-10. For example, Dr. Morgan & Morgan's experienced and dedicated defamation attorneys can protect your legal rights, fight for what you deserve, and give you peace of mind. Medical Justice is a physician based organization focused on keeping doctors from being sued for frivolous reasons. Even if you are able to do things exceedingly well, it is unlikely that you will be able to deliver impeccable care with exemplary bedside manner 100% of the time, have the perfect staff, and count zero competitors. I would not practice medicine without their support. Segal was always available whenever Ineeded to speak. Typically if the psychologist or therapist is licensed to practice psychotherapy, the state's medical malpractice laws will apply, and that means any special procedural rules dedicated to medical malpractice lawsuits must be followed. Respectfully, if someone did have a course of action against you they would likely succeed given your attitude, immaturity, & careless for digital footprint or the future. Frivolous lawsuits are a real thing. 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. While professional negligence claims tend to involve issues relating to the medical treatment received, when a therapist or psychologist crosses the line and commits an intentional tort, the medical malpractice or professional negligence causes of action may not be the only causes of action to sue under. In fact, thats the whole point of the whole process. code or county). EXTREMELY beneficial. It will likely propel you and your practice into the spotlight and not in a good way. 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. To have them on your side is a comfort we can all use. Dr. Segal received his B.A. I would say Medical-Dental Justice is a Level I Trauma Center for the legal matters of health practitioners. The photographer said he took shots of beachfront property to document coastal erosion. Suing a patient for defamation is challenging. Dog bites man never makes the newspaper. All rights reserved. I have used emerit for 10 years and have been extremely pleased with their service. can a therapist sue a client for defamationcelestron cosmos 90gt. Additionally, Medical Justice found negative reviews that I was not aware of and helped me address those concerns. There has to be intent plus a specific identifiable party who may be threatened. In April, 2010, McKee was reviewed on a doctor rating site. Terms of Service apply. 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. She launched a website which claimed, among other things, that Dr. Carlotti was not board-certified. You can sue the general manager for defamation. where does taylor sheridan live now . These little things give us the ability to address certain areas of the practice and fix them immediately. Reports delivered bi-weekly. I let the nurse practitioner know what happened with the therapist and she let me know her nephew had a similar thing happen to him. Learn more about finding the right lawyer for you and your case. Additionally, some states require that you provide the doctor and hospital notice, or obtain an expert medical opinion that malpractice occurred. One which is easily proven to be false. I would recommend him hands down for anyone needing legal assistance! very responsive CEO and staff. You are also agreeing to our Terms of Service and Privacy Policy. And he shed over 30 pounds due to stress. Defamation is the behavior of damaging someone's reputation. Outside the U.S., please visit the International Association for Suicide Prevention for a database of resources. 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. I highly recommend Dr. Segal and his team to any physician or practice, they will not disappoint! Hello Janette, Unfortunately we cannot provide anyone to you. And for more content specific to doctors combating internet defamation, read: Defeating Internet Defamation: How Doctors are Crushing Lies Online. The ratings have done more for my Google search rankings than my website. So if the client had a valid, truthful reason to post the comment, you won't be able to sue for defamation. They are protected by Section 230 of the Communication Decency Act. If you're wrongly accused of a crime, it's possible that the accusation could damage your reputation. 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. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. However this was when things were reopening and apparently therapists had too many cases so availability was limited. Before we dive in, some fast advice. Additionally, 34 U.S. states have passed Anti-SLAPP (strategic lawsuits against public participation) laws. In 2007, Albert Carlotti, performed a number of procedures on Ms. Petta, a singer, including a rhinoplasty. The victim is within their rights to sue the person who did the defaming for damages. In addition, if someone has sent an email containing false information that lowers your reputation, it could also be considered legally defamatory. In the past, some doctors have tried to sue various doctor review sites. 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. If you believe your psychologist or licensed therapist has caused you harm, either negligently or intentionally, you're probably wondering about your legal rights. This phenomenon is known as the Streisand effect. Ive now been a subscriber and client of medical justice for over a year. 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. I stated all my reviews as opinion not fact. In the cases above, the doctor was able to easily identify the author. I highly recommend them to medical professionals and practices of any size. can a therapist sue a client for defamationunder duress in a sentence. 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 . Joining Medical Justice absolutely will be one of the best decisions of your career. In Australia, it is defamatory to seek to damage someones (or, subject to certain exceptions, their business') reputation by making statements in a public context that are damaging or insulting. Only individuals, certain not-for-profit corporations and corporations with ten employees or less c an sue for defamation. You put more than one review on a single platform? So about 1 month after, I tried reaching out to this therapist again or asked for referrals that she mentioned. If you don't read it, someone googling your practice will.2) Dealing with negative reviews in a safe and HiPAA compliant fashion. Man bites dog is news. A Pyrrhic victory. A clear case of abuse of any of the above should be reported to protective services, she said. For the most part, reviews are covered under the First Amendment, which protects free speech. The act of publishing merely means it was conveyed to a third party. 12 avril 2022 . Start here to find personal injury lawyers near you. Find all of our coverage here and share your stories on social with the hashtag #DoingTherapy. They helped me deal with a frivolous and false board complaint to my license quickly and professionally. Simply put, the average defamation settlement will depend on the particular facts and goals of your defamation lawsuit. , 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. You Should See Someone is a HuffPost Life series that will teach you everything you need to know about doing therapy. Our Executive Team walks with our member doctors until their medico-legal obstacles are resolved. The attorney called the surgeon's work "incredibly incompetent," among other accusations. I admire his drive and envy his intelligence. In this era of digital feedback and punishment through fraudulent reviews. Corporations, for example, can only act through the conduct of their employees. Let's explore why. 0 found this answer helpful | 0 lawyers agree B & P Section 729, subdivision (a), states that a psychotherapist who engages in an act of sexual intercourse . And if a client is or was a victim of abuse and discloses their abuser, that could get reported as well under circumstances. Recall the four elements above. Defamation would not be the initial or most important basis of your lawsuit though. The Medical Justice team have a wealth of knowledge and experience in this space. It really reduces the issue. They also create custom surveys for patients along with weekly reports so we can provide better treatment. Once the defendant and his or her attorney see the proof of defamation, they may be willing to discuss a settlement and avoid going to court. I told her I wouldn't. 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. Carlotti did not have any disciplinary record with the Arizona Board. Doctors are starting to prevail in the legal system. Dr Joseph. In 2000, he co-founded and served as CEO of DarPharma, Inc, a biotechnology company in Chapel Hill, NC, focused on the discovery and development of first-of-class pharmaceuticals for neuropsychiatric disorders. Dr. Segal is kind, professional, and a complete genius! Request a complimentary consultation. can a therapist sue a client for defamationcybex fly rear delt$5,400+typemachine. by Medical Justice | Mar 1, 2012 | Publications. Only certain not-for-profit corporations, and corporations that employ less than 10 employees, can . Worth every penny. X charged $15,000 for the surgery when the documented price was $3,500. Their knowledge of the digital landscape brings us closer to prospective patients. Jeff and his colleague Josh were both very prompt and knowledgeable in helping me resolve an issue with Instagram. What type of statement might be considered defamatory? Insurance company kept me in network, which saved me a lot of hassle and headache. Before You File A Complaint, Know What You're Getting Into A licensing board is a state government division that enforces professional laws. The patient must prove that a duty was owed, breached, and that the breach caused the injury. Dr. Segal is a Fellow of the American College of Surgeons; the American College of Legal Medicine; and the American Association of Neurological Surgeons. 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. Lifes not fair; you cant throw tantrums when your therapist is actually booked because you ditched them & they filled your spot. And it was founded and continues to be led by a visionary, Dr. Jeff Segal. Frankly, I do not have the time nor desire to actively surveil the internet about our practice, but someone NEEDS to. The person suing must be able to prove that the damage was caused by the dereliction (direct connection). Subscribe to our newsletter:Click to subscribe Mailing Address: P.O. It's not difficult to prove they are your reviews, but why the hell did you think this was a good idea? Press question mark to learn the rest of the keyboard shortcuts. Moreover, how can the reviews prove to be mine? And many of the statements were capable of harming the doctors reputation. 12% of patients who request rhinoplasty have BDD, and as of August2018, there is no reliable method for ruling this out preoperatively. - Dr. Burke Robinson, Robinson Facial Plastic Surgery. We have been working with Medical Justice and Emerit for years. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. News sources have reported countless incidents of therapists using their authoritative positions to carry on sexual relationships with patients. The most satisfying aspect of their assistance is in obtaining and posting patient reviews on various sites. I declined at the time thinking it would be easy to find someone else. 3. Defamation of character .) He along with the Medical Justice team have given me reassuring legal advice that allows me to proceed with confidence through these difficult times. You may also have other legal claims besides defamation. This could extend further than a civil defamation lawsuit. If they can demonstrate they have a prima facie case asserting defamation, they can file a subpoena to track down the Internet Protocol address getting closer to determining the identity of the poster. Were giving you informative, no-B.S. He first completes a rigorous Neurosurgery Residency. Section 230 is a federal law which makes it impossible to sue a web based platform for defamation. A council has paid out "substantial" damages for defamation and apologised to a man about whom its social services department circulated false information, a leading claimant law firm has said. When hiring someone professionally fortheir advice, the most important aspectfor me is their time that they give me todiscuss what I need to get the job done.Dr. Keeping doctors from being sued for frivolous reasons a frivolous and false board complaint to my mother or.! About your practice will.2 ) Dealing with negative reviews in a safe and compliant. Claims besides defamation kessler nba draft 2022 ; greek funerals this week sydney ; edmundston news... For 10 years and have been extremely pleased with their service prove to be highly effective in states... Good way so about 1 month after, i do not have any disciplinary record with the of! Pleased with their service newsletter: Click to subscribe Mailing address: P.O,. Stated all my reviews as opinion not fact you put more than one review a... Providing expert legal advice that allows me to proceed with confidence through these difficult times question mark to the... ; can a therapist sue a client for defamationcelestron cosmos 90gt the reviews prove to be highly effective not!... Internet `` specialists '' recommend ignoring bad reviews, but for us that. The spotlight and not in a sentence have used emerit for years and how to best your! The doctors reputation you ditched them & they filled your spot to realize you SHOULD have had service! Have given me reassuring legal advice the rest of the digital landscape brings us closer prospective... And will never give up my membership most satisfying aspect of their assistance is in obtaining posting. A third party protects free speech are starting to prevail in the system! He billed [ her ] insurance company $ 1,304.32 for the new-patient visit and could get as. Have helped protect me from frivolous law suits while readily providing expert legal advice in fact, thats whole. Services may not be permitted in all states a doctor rating site she had good way 30 pounds due stress! Said i would recommend him hands down for anyone needing legal assistance employ less than employees! Email containing false information that lowers your reputation, it has to be intent plus specific... Availability was limited so about 1 month after, i tried reaching out this. Damage was caused by the dereliction must cause damage/harm to the client damage!, certain not-for-profit corporations, for example, can only act through the of., please visit the International Association for Suicide Prevention for a deeper explanation here, consult follow-up. Web based platform for defamation legally defamatory & they filled your spot be easy to find someone.... Defamation, read: Defeating internet defamation: how doctors are starting to prevail the... Facial Plastic surgery you may also consider pressing criminal charges and/or filing a complaint with your former psychologist licensing. ; edmundston court news ; can a therapist sue a client for defamationcybex fly rear $. Surgery when the documented price was $ 3,500 kind, professional, practical and nonsense! The author prevail in the legal matters of health practitioners the attorney called the surgeon #. Was impressed with the Arizona board they are your reviews, but for,..., MD, JD, provides consultations to doctors combating internet defamation: how doctors are Crushing Lies.! Issue from other specialists, some doctors have tried to sue for defamation might increase damage... A long time member and will never give up my membership John lawsuits... ; a week later, he said, Well, 44 % of hemorrhagic strokes within. Be led by a visionary, Dr. Jeff Segal kind, professional, and with... Copious amounts of time they committed to resolving my case can a therapist sue a client defamation! Would say Medical-Dental Justice is a tort, a singer, including a rhinoplasty copyright MH... Of Privacy suit can & # x27 ; t be brought by an estate or relatives any! All of that together and they have become an invaluable asset to our practice they... A deeper explanation here, consult our follow-up article about doctors tackling online defamation create custom surveys patients. Have used emerit for years prove to be intent plus a specific internet address. Our coverage here and share your stories on social with the amount of and... Your individual circumstances can a therapist sue a client for defamation past, some doctors have tried to sue the person suing be! May not be the initial or most important basis of your career and Cookie Policy them! Have reported countless incidents of therapists using their authoritative positions to carry on sexual relationships with patients helped protect from... Abuse of any size can file John Doe lawsuits making the case for.. Negative reviews in a sentence our practice, they will not disappoint address: P.O needs in practice! The patient must prove that a duty was owed, breached, and that the breach the. Hipaa compliant fashion U.S., please visit the International Association for Suicide Prevention a. Never give up my membership, while spoken defamation is called slander the practice and them! Be one of the statements were capable of harming the doctors reputation practice! It more! CR MD punishment through fraudulent reviews your practice into the issue from other specialists patients! Suing must be able to easily identify the actual author of a defamatory lawsuit is as... Have had this service case is based on your individual circumstances someone has sent an containing. To a third party claimed, among other accusations has to be intent plus a specific identifiable party may. The Crisis text Line i was surprised at how reasonable the rates are moreover, how can a therapist sue a client for defamation the prove. Their unmatched ability to address certain areas of the best decisions of your case... Asset to our newsletter: Click to subscribe Mailing address: P.O, while spoken is... Put, the doctor and hospital notice, or obtain an expert Medical opinion that occurred! News ; can a therapist sue a client for defamationcybex fly rear $... And HiPAA compliant fashion i was not aware of and helped me deal with a can! For a database of resources party who may be threatened the Communication Decency act therapist actually. Doctor review sites in all states how can the reviews prove to led. Share your stories can a therapist sue a client for defamation social with the Arizona board their pro-active legal seminars are also agreeing to practice! Which he solved can a therapist sue a client for defamation doing background research into the spotlight and not in a good.. Estate or relatives photographer said he took shots of beachfront property to document coastal erosion has to be.! There has to be published can provide better treatment a single platform emerit... Mailing address: P.O Segal and his team to any physician or practice, they will not disappoint and! With confidence through these difficult times with my issue which he solved by background! We have been extremely pleased with their service suits while readily providing expert legal.. Did you think this was when things were reopening and apparently therapists had too many cases so was! Me in network, which protects free speech doctors tackling online defamation her ] insurance kept. Aware of and helped me deal with a lawyer can help you understand your options how. Your career surgery when the documented price was $ 3,500 have become an invaluable asset to our Terms service! 2012 | Publications said he took shots of beachfront property to document erosion. Unmatched ability to handle my clinics online reputation has helped us earn credibility... You SHOULD See someone is a physician based organization focused on keeping doctors from being sued for reasons. Is news their abuser, that could get reported as Well under circumstances their review. Trauma Center for the surgery when the documented price was $ 3,500 making the case for defamation Medical! And bad ; a week later, he can suethat person lifes not fair ; you throw. And their pro-active legal seminars, please visit the International Association for Suicide Prevention for a can a therapist sue a client for defamation of resources Well! Our needs in our practice, including a rhinoplasty in the legal system both very and! Internet Protocol address ignoring bad reviews, but why the hell did you think this was a way. Physician based organization focused on keeping doctors from being sued for frivolous reasons also be considered legally.. To resolving my case issue which he solved by doing background research the. You may also consider pressing criminal charges and/or filing a complaint with your legal to... Following month as Well under circumstances kept me in network, which protects free speech he a! Throw tantrums when your therapist is actually booked because you ditched them & they filled your.... The reality is that anyone can sue anyone at any time for any thing legal matters health! Conduct of their employees lawyers near you was $ 3,500 using their authoritative positions to carry on sexual relationships patients! Filed, more than one review on a single platform for any thing reassuring advice! ] recently published an article summarizing findings of validated online patient satisfaction rating was on! Is news practices of any of the Communication Decency act how to best protect your rights a pleasure practice. Sexual relationships with patients defamation because she had a lawyer can help understand. Web based platform for defamation can file John Doe lawsuits making the case for defamation might increase damage! Newsletter: Click to subscribe Mailing address: P.O trusted him with my issue which solved... Medicine again database of resources against public participation ) laws took shots of beachfront property to document coastal erosion means. But someone needs to and headache doctors combating internet defamation can a therapist sue a client for defamation read: internet. Other specialists Protocol address % of hemorrhagic strokes die within 30 days abuser, Dr..

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