Loser-pays laws must be in effect. If you’re going to file a law suit against anyone that is fraudulent, and you lose, then you must pay the person you were suing for the legal expenses and lost time at work (if someone take PTO for the court hearings, you will also pay them to compensate for the PTO that was taken). This would include everything including malpractice. Any extra money left-over after paying legal fees (highest priced lawyer is the standard for all parties) will go to the person that was wronged after all penalties are finalized.
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