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Found 91 results

  1. My child is 8 years old and is required per divorce decree to visit the ex's home every other week after school until 5.30pm (weekdays) and every other weekend stay from Friday pm through till Sunday 5.30pm. She hates staying over out of her own home. My ex is bipolar diagnosed, not actively involved in upbringing of the child, works in his father's business and has had previously been laid off by different employer, since he does not work efficiently, had bankruptcy filed against him and his parents have bailed him out in the past. Moreover when my child visits him he does not do anything per say as the role of the visiting father since his parents (child/s grandparents) baby sit the child, take her to few places (not of my child's interest) but to Hindu religious classes run by these grandparents. So my question is does the child really have to be tortured to visit the ex esp if he himself is NOT doing the role of the father while the baby sitting grandparents are doing the role of the parent when visiting the ex. He does nto take any medicine for his condition and keeps calling the attorney over petly matters, the bill of which is paid by the grand father. Essentially without the grandparents he will not even want to pick up the child for visitation. They use my child as a toy to play with during visitation, the grandmother is emotional drama herself. Is there anyway I can get back to court to amend the visitation schedule to further modify to limit the visitations during summer months or fewer weekend every few months at this age of the child, At what age the child can have a legal say on the wish to NOT visit the father so frequently? Is it 12 years, hae read it somewhere on the website? if so what documentations will I need to gather in the interim until the child is that legal age.
  2. I am in VA state and I own few rental properties. One of my rental properties is available for rent. Yesterday I showed the property to one of prospects. There will be 4 adults + 1 child on the lease in case I rent out the property to them. They do meet the income criteria. Anyhow, one of the adults is a full time nursing student and won't be contributing toward the rent. My question is....should I get her screened for her criminal and credit background? Any help will be appreciated. Thank you
  3. I am in VA state and I own few rental properties. One of my tenants has not paid April and May rent yet. We did serve them 5 days to pay or vacate notice. Still she did not pay the April rent. My husband is a very lenient person and did not want to file the eviction in the court. Now the tenant has promised us to pay (by May 24), April rent + May rent along with late fee and bounced check fee. If she does not pay by May 24, I will file the eviction papers in the court. My question is...if the tenant pays ONLY May rent, but wants to hold April rent for financial reasons, then does the late fee apply only for April month rent or does the late fee keep on adding for the other months for April rent? The monthly rent is $1,350.00 and the late fee for April is $135.00. If the tenant does not pay on May 24, then should I charge another $135.00 late for April rent because she did not pay in May month either. Any help will be appreciated. Thank you
  4. Situation: First: I received a parking violation($250) for parking in a firelane/no parking zone and several other parents received tickets for parking in front of my daughter's school. A police officer in an unmarked police car pulled in front of parents during senior early dismissal. He ticketed the car in front of me and told me "Since I am giving her a ticket I'll have to give you a ticket too." I told the officer " Sir, my engine is running and I have not left my car." "We do this (wait in front of the school, caravan style ) everyday." I was going to tell him how we drop off in the mornings (over 20 cars) in the same lane. But I could not because he didn't want to listen. This officer proceeded to the next car and gave the parent waiting for their child a parking ticket for $250. This officer is not a resource officer assigned to the school by the city and he could have asked us parents to move our cars as a verbal reprimand instead of writing us tickets for $250. This was handled poorly. The school were my daughter attends has a lot of parental involvment and its a blue ribbon school. Parents use the same no parking zone/fire lane when dropping their children off in front of the school in the morning. The morning line is long 5 -10 minutes to drop off your child. It is a school designated drop off for parents in the morning and evening. However, in the afternoon parents pick up seniors for early release in the same no parking/Fire lane. I pickup my daughter for early realease. Seniors are not allowed to remain in the school without permission or remain on the school grounds. Also, buses for the evening technical program drop off students in front of the school's fire lane/no parking zone. I have and other parents have parked (caravan formation) and waited in our cars for years and we were never told we could not pick up and wait for our children in front of the school, even though it a No Parking Zone/Fire Lane. Secondly, the school has a resource officer and the principle of the school told me he has never had a problem with parents receiving tickets when picking up their children. The principal has stopped parents from dropping off their children in the teacher parking lot and to use the fire lane/no parking zone. Thirdly, My husband who is retired law enforcement talked to the officer who wrote the ticket violations supervisor. She was unforgiving and did not understand why the officer involved could use his lights and verbal reprimand first to resolve the matter. This really should have been the best thing to do instead giving me and other parents a tickets.
  5. I don't think I quite understand what exactly is meant by quiet enjoyment. Does this pertain to a landlord who enters your rental without notice or permission? Or does it literally mean I have the right to quietly enjoy my rental space? Also is quiet enjoyment a guarantee by VA state statute or does it have to be in the actual rental agreement? Thank you all for your help!
  6. My fiance's son's mother is upset that we are together and as a result has blocked all communication between him and the child. They have a written agreement that states that every three months he gets the child but must give her a months notice before making arrangements for visitation. She and the child currently reside in Virginia and we are in Florida so we buy travel to get the child. There have been several times where we have made the trip and she has denied him. Currently she is telling him that unless he breaks off things with me he will not be able to see nor speak to his son. Please let me know what should be our next move and what type of lawyer we should be looking for. Thank you
  7. Ok, let me try to get this all down for you as she told me the details. Daughter:18 now. In Minnesota "Boyfriend": over 40. In Virginia Supposedly they started talking via internet chat a year and a half ago when she was 16. She told him she was 18 at the time they started talking. Supposedly no pictures sent, just text. He came to Minnesota about a year ago and she drove an hour to meet him. She was 17 at the time, but told him she was 19. He left after a few days and went back to Virginia. Fast forward to now. On her 18th birthday, she told him her true age. They kept talking. She has left college to be with him. Wants to get married. I think she is making a huge mistake. Is there anything I can do to get this "gentleman" arrested and put away? Did he actually break any laws that I can report him for? Please help me figure out what I can do...
  8. 11-17-2016 - Thursday Someone please explain this law to me and what it means!! Is this about the make whole doctrine in all 50 states? Does this mean of the settlement money received by the insurance company that the payout or subrogation is limited to what funds are taken by the settlement money? For us does this Virginia law also pertain to MCV - Medical College of Virginia hospital services which are related to a car accident? If so, and the attorney we worked with did not apply this law does that mean he is a malpractice attorney? Thanx!! § 8.01-66.2 Lien against person whose negligence causes injury Whenever any person sustains personal injuries caused by the allegednegligence of another and receives treatment in any hospital, public or private, or nursing home, or receives medical attention or treatment from any physician, or receives nursing service or care from any registered nurse, or receives physical therapy treatment from any registered physical therapist in this Commonwealth, or receives medicine from a pharmacy, or receives any emergency medical services and transportation provided by an emergency medical services vehicle, such hospital, nursing home, physician, nurse, physical therapist, pharmacy or emergency medical services and transportation provided by an emergency medical services vehicle shall each have a lien for the amount of a just and reasonable charge for the service rendered, but not exceeding $ 2,500 in the case of a hospital or nursing home, $ 750 for each physician, nurse, physical therapist, or pharmacy, and $ 200 for each emergency medical services agency providing emergency medical services or emergency medical services vehicle transportation on the claim of such injured person or of his personal representative against the person, firm, or corporation whose negligence is alleged to have caused such injuries. Lien against person whose negligence causes injury (§ 8.01-66.2)—Virginia Decoded - Virginia Decoded https://vacode.org/2016/8.01/3/7.1/8.01-66.2/
  9. I was recently demoted and when I asked why I was told my job was given to someone else because she "aspired" to have that job (That is what my manager told me when I asked why this decision was made. No constructive feedback was given.) This was apart of other organizational changes. However, I was the only one who lost my title and department. I spoke with HR and was advised that the director advised them off all the other changes, but did not advise them off my demotion. According to HR, they did not find out about my demotion until the email went out to the company. This change was not due to poor work or other job issues, it was solely because someone else wanted my job and team. I have documentation that shows I had first had the same "aspirations" dating as early as 3/2015. I also was played a role in blowing the whistle on another senior leader that was targeting, bullying, and retaliating against other employees a few mon the ago. This lead to the firing of that leader. After this took place all other senior leaders turned their backs on us and began treating us differently than before the report. It feels as if I'm being retaliated against and discriminated against in an effort to force me to quit. Does this sound like a case for racial discrimination? (Just to add, my team and are predominantly one race that is not the same race of the person who was promoted to my job, nor her team. Also, the whistle blowers were predominantly one race.)
  10. Hi there. I've tried to contact the county and several attorneys, but no one gives me a proper answer. I was in a bad landlord-tenant situation with a crazy landlord who would harass me when I lived on his property (walk in with his key anytime he wanted, physically attacked). He'd apparently done this to previous female tenants and I was able to get in touch with one of them, who confirmed she had the same horrible experience. I filed a protection order against him finally, and to retaliate, he filed an eviction notice. Long story short, I had the police report, etc. from the harassment, but when it came to court time, my attorney - who was AWFUL - didn't present it and kept shutting me down on presenting my case. The other tenant who had the same experience as me said she'd come to court and didn't show up, either. Anyway, the judge decided that the "relationship" wasn't working and gave me the eviction, and awarded the landlord attorney's fees only (he'd asked for b.s. damages, which he couldn't prove because I had photos of everything). After this, my attorney reached out to the landlord's attorney to set up a payment plan for the judgment, and his attorney refused. The landlord's attorney then filed a garnishment against my bank, but I'd closed my account at that point, so they got nothing. I have now reached out to the landlord 2 times, asking him to set up a payment plan with me, and he has never responded. I reached out to his attorney and he said he no longer represents them, but would pass my message along. I have never heard anything since. I called the court to find out if there's a 3rd party I can make payments to, so I can show I've made an effort to pay and the court clerk said no (though I'm not sure if the clerk knew what she's talking about) I've reached out to consult with a local attorney - the only one who responded - and he said he'd look into it, but I haven't heard anything back from him, either. I'm trying to find out what there is that I can do to resolve this issue. Incidentally, the landlord lives out-of-state and the only way I know how to contact him is via email. Not even sure if he still lives in the same address as before. Thanks.
  11. Here's the story, maybe someone on here can help out with some advise from a different point of view or similar situation. About 2 years ago my ex left, she moved out to shack up with her boyfriend now who was living on her grandmother's couch at the time. She lies constantly about any and everything. She literally will look at the sky and argue it's green. Her boyfriend is a habitual offender felon who is on drugs, I'm fairly certain shes using too due to her insanely erratic behavior, however I cannot prove it yet. We have 2 children together ages 2 and 7, I have them, I am the custodial parent. She is allowed time with them every other Saturday and Sunday. During the temporary order i managed to get supervised visitation for her only. The unsupervised visitation was when the problems started. She was originally ordered not to have our children around the boyfriend or his children due to his felony background. She constantly broke that order, my son would come home and tell me every single time. She once even brought his son with her to drop off at my house, lied and said it was her other son's friend. She fought this order and eventually got it lifted that our kids can be around her boyfriend and his kids. The courts said his felonies (which include Arson, Escaping from Prison, Habitual Offender, and a bunch of other crimes like Evading the Police) weren't violent enough to warrant keeping the no contact order in place. For starters, his children are very much older than mine and are little punks, what you would expect of children raised by a pos father in and out of prison his whole life. They use drugs, they fight, they smoke, etc. My son has come home several times with bruises from them beating on him. Once his whole left side of his face was swelled up. When I address these or any concerns with my ex she just calls me a liar and dismisses it. We are all ordered not to smoke in my son's presence nor any home he is staying in. He is asthmatic and cigarette smoke really sets him off, I do not smoke, however she does and continues to smoke around him and allows her boyfriend to do the same. She teaches our children racist words and tells them they are good to say. My son tells me theirs drugs and guns in the house when he visits. He tells me that his mother tells him to lie about things and records it, like I beat him, he told me his mother tells him to lie about how he gets hurt because the judge will take him away and hell never see her again. My 2 year daughter tells me she sleeps in the bed with mommy and her boyfriend, which im really not cool with. She also told me and several other people that mommy smacked her in the face on more than one occasion. She allows them to do dangerous things like ride atv's with no helmet, they piled the kids up in a flipped over campershell and pulled them behind a truck through the yard in the snow. The list goes on, I am at my end and I have no idea what to do, the court doesn't seem to mind these things going on. I feel she needs to be on supervised visitation until she can straighten her life back up. In short If anyone has any experience in something of this nature any advise would be greatly appreciated. Disclaimer - This woman did not act like this when we were together, I never expected any of this, it's like shes reverted to the mindset of a teenager.
  12. My husband and I separated in early 2010. During this time he obtained full custody of our children. Subsequently, we got back together less than a year later. How do I go about getting this order dropped?
  13. 10-13-2016 Thursday - Story of Car Accident - 18 year old reared end us in 12/2013. It was the interstate where she was driving down the middle of the highway hit us from behind to flip the car to the right side landed on the roof in the ditch. She told us she was going home from working at a local small restaurant. Facts are the police gave her a following too close ticket. The police report states she was going 80mph in a 70 or 65 mph zone. The police never took pictures, nor got witnesses that were around us at the scene, nor took alcohol test. She looked at us while holding her cell phone. We think this is a distracted driver on the cell phone accident. Our attorney acts like he is working for the other side and not us? Why? It all looks like a scam now. No one in the beginning explained what we were signing. We always met with the paralegal not the attorney. Instead of being truthful about our case they should have told us what the claim was worth in dollars, should have advised us to stop seeing doctors if they knew the value of the claim, but let the 2 years drag out so that the medical facilities had time to place liens, allowed my disability payment to run out in 2 years, watched us drain our own 100,000 dollars to zero dollars now as we pursued finding our accident injuries only because medical student university said they could only work on one body part at a time, paralegal told us that the value was 350,000 and husband was worth 1 million, now told the policy value is only 100,000 each. Husband's medical bills total 61,000 estimate. Attorney fee is probably 33 and 1/3 percent. We were told that we can't file bankruptcy because attorney told us he would drop the case and he would get nothing a zero settlement. It appears he may get a kickback from medical facilities as like those attorney's who collect delinquent bills and even a kickback to low ball us with defendant's insurance adjuster. And I am sure there might even be a paper we signed that might pertain to a lien to the settlement if we ever thought of backing out of the deal! Is there a way to get rid of the attorney now? And if we do get rid of the attorney do we forfeit losing settlement money and statue of limitations. The date of the accident was 12/26/2013. Today is 10/13/2016. I see where the insurance companies and the attorney's have it all figured out like a scam! The medical bills and the attorney fees eat all of the settlement money up! What do we do now? Can we still file bankruptcy? Can let go of this bad attorney? Do we lose the settlement money because of the statue of limitations? Do we cut our losses and move on? Can we later file an attorney malpractice? Can we later file medical malpractice for the Physician Assistant telling us they can only work on one body part at a time? Even though the accident was in Virginia our home address is in another state. Should we file bankruptcy in Virginia or our state of residence by our drivers license? What do we do now? It also appears the attorney let all the time run out but to let us know it's either settle out now or go to court where they can only get the limit of the policy for 100,000 and no more which he explained would eat up the settlement money in court cost. And is there any way to find out from the insurance adjuster the true value of the policy? We relied upon what we thought was a truthful attorney as in you know to put your trust into someone who knows the laws. Our attorney even told my husband that the orthopaedic doctor we saw that we liked and very honest to us yet told our attorney that there was not much damage from the original damage. My husband's orthopaedic doctor told us that he could see that the body part tore out more as a result of the accident. Even though my husband was not working at the time he did plan on going back to work at a later date but because of the accident which limits him to work was never considered an item in the settlement. My husband continues to have medical problems because of the accident. And the attorney told us that the 18 year old had 100,000 policy. What 18 year old can afford a 100,000 policy? We are betting the 18 year old was on the parents policy! How can we ever find out the actual value of the policy! You see many things we have been told so far by this attorney and his paralegal do not add up! Please advise us the best course of action to take now! Thank you for any help given to our situation today on 10-13-2016 - Thursday!! P.S. By the time they pay everything off there will be nothing left of the insurance adjuster's offer of only 80,000 to 82,000. Final question is if the value is 100,000 why not pay all of it to us??? And the attorney also told it did not matter if she was on the cell phone because the defendant's insurance accepted fault. We were also told the insurance has not acted out of bad faith either! PLEASE HELP US!!! Our age is 61 and 59 years old. When we signed in the beginning the client attorney documents I can tell you our minds were fuzzy and still fuzzy to this day from the car accident!! Makes us want to sue our attorney for our being incompetent when signing their documents! Also, do I need to get out of my lawsuit with this company? Or can we leave all this hanging in mid-air and do nothing? What happens then? IF this were to go to court in Virginia can the jury and the judge force the insurance company to pay over the limits of the policy? Our attorney told us that the courts can only get the limits of the policy for only 100,000? Is our attorney right or wrong on this point? Alot of husband's medical bills were paid by medicare which now has lien on them we were told by our attorney! We're pretty sure all medical bills have lien on them now only because our attorney was working behind the scenes rather against not for us. Attorney gave us a copy of what we signed about if we go bankrupt we get nothing from the insurance company! How do we get rid of this attorney now? Or should we get rid of this attorney?
  14. I called the state inspector (Graves) who made management fix my bathroom ceiling. They retorted by making me pay contractor fees, weekend fees,( they worked saturday) but no one is acknowledging the fact that i lived with mold and infestation for months i have complained this was a last resort. Now I am being evicted because i could not come up with $3000 in 7 days the sheriff put a note on my door a neighbor was reading it and kept it i just found out today it is dated that i leave the premises tomorrow, no money for movers, or storage, nowhere to go.
  15. Problem: Last Sunday morning the 4th of September my apartment flooded. It is three bedrooms, with one upstairs and two downstairs. There are 4 total tenants, one subletting from someone on work assignment. Only one of the tenants(sublet) inhabited the space during the night in question. The plumber was called, and blamed a faucet being left on in the second floor bathroom, a part of the unit that had been vacant for 3 days. The sink was repaired, including the faucet and a shut off valve below the sink. During the clean up it was found that moisture was residing within the walls in a much larger area, as well as mold being uncovered upon the removal of drywall. Work has since stopped on the apartment, leaving the entire ceiling above the kitchen off and a substantial portion of the ceiling in the living room gone, as well as the wooden floor significantly warped. An HVAC person was called in, and also disclosed that the outside unit connecting the AC should have been replaced 10 years ago. also, we moved in August 1, and we have not had our legally required move in inspection form delivered to us. No one knows what the plan is, as the property manager and landlord have not discussed much with us, although a lawsuit was mentioned. In summation: There is mold and moisture throughout the house The reason for the single event damage was said to be the upstairs faucet being left on. This is not only not true, but hard to believe. upstairs contains only one bedroom and bathroom, with that roommate having left the country. furthermore, we have pictures of the sink being empty, and soap-scum on the sides of the sink!!! Further repairs were made to below the sink(shut-off valve) by people other than the master plumber. This has not been mentioned as a plausible cause of the massive flooding. the HVAC is horribly out of date no move in inspection was ever provided to us as required in the lease and Virginia Law. I am completely flummoxed on how to handle this situation. I was out of town when this happened, and woke up to a call from the tenant who found this situation. He ran upstairs to turn anything running off but he said there was nothing running, so he turned off the water main. This is the tenant who was in the area for labor day weekend but did not stay at the place. The only person who slept there the night in question was the sublet, who is a military officer who I believe to be honest, but more importantly, who has absolutely no possible reason for even going upstairs! My goal is to get out of the lease and have my security deposit returned. I don't want to file suit for black mold, I don't want to pay for any flood damage. what are my options/steps?
  16. Long story short I own a corporation and have since 1999. I have real estate in the corporation. My mother and I are the only stock holders and have been the only stock holders since the formation. My ex husband and I separated in 2009. He remained in the home which is also included in my real estate. He filed a pendent lite which was denied. He intercepted all the rental payments of the corporation for the past seven years. I have spoken to the sheriffs dept who refuses to take a report for criminal activity. I attempted to sue him and have him removed from the home and his new lawyer is crying equitable distribution. He has collected over $210,000.00 in rental payments over the last 7 years. I have received nothing. Under the advisement of my attorney no taxes have been filed for the corporation as I only have estimates on what he has collected. Now IRS is asking me to file returns for the past seven years although my counsel has advised me not to. If I report the money he has taken as a theft loss then he would not have to pay taxes on it and the sheriffs dept will refuse again to investigate. If I 10-99 him he will be responsible for the taxes and then he would be guilty of food stamp and Medicaid fraud because although he has collected this money it has not been reported to the IRS and he is claiming that he only makes $100.00 a month which allows him to collect welfare benefits. How do I report this income because I am stumped at to how to get him responsible for the money.
  17. Police arrive at a private parking lot (business park) where a car is crashed into the woods (driver fell asleep at the wheel). When approaching the car, driver is sleeping (or some sort of unconsious, either way, not responding). Vehicle is searched and driver wakes up, is allowed out of the car through the passenger side. Driver undergoes several tests, following a pen up, down, left, right, and submits to a breathalyzer in which 0.00 is blown. During this time the car is still being searched, and items are found in which the driver is being charged with possessing. Driver is free to leave with a summons to appear in court - no arrest is made. Given these circumstances, was the search of the vehicle warranted?
  18. Okey so I've been having a lot of problems with how my mother has been raising and treating the family. I've done some research on the law of Virginia, It states that the age of majority is 18, but I've also read in another site that I have to complete high school first in order to do so. Can I leave my mother if I'm still high school? I spoke to my consoler about this topic and he said it's alright but I'm still sketchy about it because i want to move out but another family has offered to take me in to stay with them, is it legal for me to do so?
  19. A neighbor who shares a property line has consistently shown what I consider blatant disregard for my property and the privacy fence that separates our yards. Shortly after I built a wooden fence that sits totally on my side of the property, my neighbor put in a garden right up against the fence. They grew these vine type plants that spread every where and on the fence. When I went and spoke to the neighbor he was defiant and confrontational. This year they re-did their garden and installed water sprinklers that not only water their garden every day but the fence as well. Our feeling is, the continuous watering speeds the deterioration and ultimately compromises the integrity of the fence. What if anything can I do to stop this? I have tried to find a lawyer in my area but cannot get anyone to respond
  20. I am a server in a diner in Virginia. My employer requires me to give 3% "to my support staff" - a server assistant that makes milkshakes - as "tipshares". This 3% does NOT make it to the server assistant as a "tip" - the server assistant gets $7.25 an hour, and the management claims that my tipshare pays the wages of the support staff. This 3% is taken at the end of each shift whether a server assistant is on shift that day or not. Surely no part of this is legal...right?
  21. I filed for divorce in Sep of 2014 my divorce is still not finalized. We were married since Sep 2006. We talked about the divorce and some of our concerns and we both agreed on a lot of the finances but not on the children. Now its 2016 and after much awaited time she received legal counsel shortly after I filed, now our divorce is contested. I live in VA and she lives in NC. I recently had a settlement conference which went very poorly as my lawyer was 50 mins late (Alliance legal Group) and had no idea about what was going on with the case. We were negotiating credit cards, child custody, and child support. Im currently in the Military and retained new counsel to advice me. I have heard and even seen where the court cannot use military entitlements such as basic allowance for housing and basic allowance for subsistence as an input for for child support. These entitlements are tax free and not counted as income on W2. She is asking for $1400 (primary custody) for child support for my two children. If I have to pay this I will not be able to afford a place for my children to stay with me when I have them. I would also like to add that I am capable of having them half the year if need be. But not to interrupt school. As for the credit cards she claims she never used them . I have paid the majority of them off due to this lengthy process but I want some type of compensation. She also has all of the belongings to these items in her possession. Do you know the laws regarding servicemen and military entitlements? How many days out of the year legally can I have my children to claim shared custody? What can I bring up, to have her help pay the credit cards? If she cheated on me while I was deployed do I have to pay her alimony? Thank you, Brad
  22. what would someone's options be if someone took a person's name, made a website with it and posted photos and slanderous content as far as photos, personal info and credit reports to harass the person on social media? Please help... It's really bad...
  23. What are the rules against a enlisted military person's spouse who lives in another state, harassing and posting personal information on social media to discredit you and put your family at risk?
  24. I have a rather unusual situation. I live in the basement apartment of a townhouse. The upstairs portion of the house is occupied by the landlord and his family. I recently made an on-line purchase, and notified my landlord that I was expecting a package to be delivered on a certain day. When the day came, I received a call that evening from UPS asking for more information on my address because when they had tried to deliver a package to me earlier in the day, the landlord told them I did not live there! Now I am concerned that I am not getting my mail especially since I have not gotten anything since just after I moved into the basement over two months ago. I have a feeling he has been either telling the post office that I do not live there, or he is sending my mail back, or ??? Is this legal? What should I do? Thanks for all of your help!
  25. We are considering civil litigation against a surgeon - the patient died three days later. We have discovered proof positive of the error. There was rush to cover it up.
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