Diya's Medicolegal Consultancy

Diya's Medicolegal Consultancy To help patients in medical negligence cases and lawyers by providing medical knowledge about variou

14/03/2017

Sad state of affairs

11/03/2017

National snake bite management 2016

http://www.japi.org/august_2016/01_editorial.pdf

http://www.japi.org/august_2016/01_editorial.pdf

*MAJOR RELIEF TO DOCTORS FROM 304-A*Court lays down 7 point Guidelines for Arrest of Doctors under section 304-A March 5...
06/03/2017

*MAJOR RELIEF TO DOCTORS FROM 304-A*

Court lays down 7 point Guidelines for Arrest of Doctors under section 304-A

March 5, 2017
State : Madhya Pradesh

Doctors, here is a Much awaited relief in the offense U/Sec. 304-A – IPC (Causing death by negligence), by Hon. M.P. High Court… Hon. M.P. High Court, after considering various earlier judgments, have framed the detailed guidelines before lodging FIR and arresting Doctors in the offenses of Sec....

Read more at Medical Dialogues: Court lays down 7 point Guidelines for Arrest of Doctors under section 304-A http://medicaldialogues.in/court-lays-down-7-point-guidelines-for-arrest-of-doctors-under-section-304-a/

Hon. M.P. High Court, after considering various earlier judgments, have framed the detailed guidelines before lodging FIR and arresting Doctors in the offenses of Sec.304-A of IPC , in its recent judgment of Dr.B.C.Jain V/s. Maulana Saleem, decided on 28/02/2017.

21/02/2017

On January 31, 2017, veteran politician, E Ahamed was rushed to the Dr Ram Manohar Lohia Hospital in New Delhi after suffering a massive heart attack. He was immediately put in life support system at the ICU. Notwithstanding the doctors’ multiple efforts, he passed away.

21/02/2017

Medical certification of Cause of Death - Physician’s responsibility

The physician’s primary responsibility is to complete the medical part of the certificate regarding all diseases, morbid conditions or injuries which either resulted in or contributed to death.

Causes of death are classified, coded and grouped according to the Tenth revision of the International Classification of Diseases (ICD-10) recommended by WHO.

When deaths result from a single condition, such as an acute infectious disease, certification and classification present no difficulty. However, this is not the case always and the problem arises of which one of multiple causes to select as the cause of death. Some of them may be casually related to each other in a sequence. If untimely deaths are to be prevented the chain of events has to be cut, or cure instituted at some intermediate point.

The most effective Public Health objective is to prevent the precipitating cause from operating and hence the relevance of the underlying cause. Responsibility is placed on the certifying physician for indicating specifically all the several conditions and the chain of events if a sequence can be identified.

The certifier (physician) should record the diseases / conditions in an order leading back to the underlying cause if a sequence can be found and put any other conditions contributing to death separately if not directly forming part of the fatal sequence.

The medical part of the certificate should normally be the responsibility of the attending physician and based on his individual assessment. In cases of violent deaths and other medico-legal cases usually brought to the notice of a medical examiner at the post-mortem stage, the certificate may be filled by the medical examiner on the basis of evidence noticed by him.

The fact of death in such cases should, however, be communicated to the local registrar in the prescribed format pending the final filling up and transmission of the medical certificate to the registrar concerned. The information on cause of death is kept confidential and is not indicated on death certificate that may later be issued by the Registrar of Births and Deaths.

This safeguard is intended to enable the doctors to bestow sufficient care and attention in writing the certificate so that mortality statistics will reflect the best medical opinion, concerning causes of death.

The various Particulars, other than those of the medical part on cause of death, are also required for reporting the death by the hospital to the registration authority in the prescribed format. The certifier will ensure that all the necessary particulars are given, besides his own statement regarding the chain of events pinpointing the underlying cause of death and then sign the certificate.

The detachable portion of form containing only the fact of death without disclosing the cause of death may either be signed by the certifier or the medical officer of the hospital or handed over to the relatives of the deceased.

The form of medical certificate of cause of death is to be sent to the local Registrar of Births and Deaths along with the death report in the prescribed format within the prescribed time limit.

20/02/2017

LAMA Cannot Complain Against Doctors For Negligence

"LAMA" refers to patients leaving the hospital against medical advice. The National Consumer Disputes Redressal Commission stated in a recent case that in such cases, negligence cannot be attributed to Doctors. In one of the case, a handicapped female patient was made to several tests in the hospital after taking an ambulance at his own expense (not by the hospital) and admitting into the ICU. Her husband stated that there were no communication or ailment details provided thereafter, and allegedly the patient was pushed out of the hospital. The hospital claimed that it found the patient to have a provisional diagnosis of dengue, and his condition worsened perhaps due to Dengue Shock Syndrome (DSS). They stated the attendants of the patient were told about the condition and treatment that was being provided but left the hospital against medical advice. The court stated that if the patient had left against medical advice and there is no material on record to establish that the care, which ought to have been taken, was not taken, as laid down by the Hon’ble Court of Punjab and several other judgements, no negligence can be attributed to the opposite parties.

Read more at: https://www.docplexus.in/ #/app/posts/823e476f-8255-4944-a9a4-5f3de46bbde5?utm_term=Email-No-View-18Feb17-Odd&utm_campaign=Email-No-View&utm_medium=Email&utm_source=Docplexus&utm_content=CTA
Copyright 2017 © Docplexus

18/02/2017

High court acquitted urologist found guilty by MCI inspire of clean chit by medical board

81yrs old Kidney patient admitted for peritoneal dialysis - had perinephric cyst- urologist aspirated cyst - no separate consent taken for aspiration - patient died few weeks later Due to kidney failure - patient's son alleged negligence & blamed urologist for death of patient- Medical council constituted medical board which did not find any negligence if urologist, but MCI ignored the medical board's biased report for their colleague because it was done by the doctors of the same SMS hospital, in which the urologist treated the patient - urologist appealed in Raj High court- court acquitted urologist of negligence charges.

The reliance on the purported consent of 26- 2-2000 limited to peritoneal dialysis was completely misplaced as evidently that consent could not have been used for conducting the operation of the complainant's mother by the urologiat--45 days hence for aspiration of the hydated cyst--a completely different and distinct procedure/ operation.

MCI observed medical negligence of the urologist has also been found by the MCI in his failure to carry out requisite investigation for assessment of the illness of the complainant's mother and in not using an ultrasound guided procedure for the aspiration of perinephric cyst for better precision.

MCI holding the urologist guilty of medical negligence and striking off his name from the register of MCI for eighteen months does not reflect any consideration of the report dated 30-8-2011 prepared by the five doctors' Committee.

Quite evidently this constitutes non application of mind by the MCI and entails perversity on its part on its conclusion as to the urologist's medical negligence.

Citation :- Dr TC Sadasukhi Vs MCI, decided on 22nd December 2016

18/02/2017

Conclave on “Legal and Ethical Challenges in Healthcare Ecosystem”

Venue: Manekshaw Convention Centre, New Delhi

Date: 18th– 20thMay 2017


Scientific Programme

Thursday, 18th May 2017
Time
Topic
Speaker
0800hrs -0900 hrs

Registration and Information Desk Open
0900 hrs- 1030 hrs
SESSION 1
Inauguration
Address by Guest of Honors
• Law & Medicine-A symbiotic relationship
• Law & Medicine-Govt Perspectives
• Role of Media in Healthcare Provisioning – Bridging the gap between healthcare providers and consumers
Welcome address by Organizing Chairperson
About the conclave by Organizing Vice Chairperson
Address by Director AIIMS, New Delhi
Address by Guest of Honour
Address by Chief Guest
Vote of Thanks



1030 hrs- 1100 hrs Tea Break
1100 hrs - 1120 hrs
SESSION 2
Keynote Address:
Overview of laws applicable to hospitals and its implications
Air Marshal (Dr) Pawan Kapoor, VSM* PHS
DGMS (AIR)& Colonel Commandant, Institute of Aviation Medicine and Chairman Accreditation Committee NABH
1120 hrs – 1140 hrs
SESSION 3
Keynote Address:
Perception and expectations of Society from Medical Professionals

1140 hrs- 1200 hrs
SESSION 4


1200 hrs- 1300 hrs
SESSION 5
Keynote Address
Legal, Ethical and Moral Challenges in Medical Practice
Justice Permod Kohli, Chairman Central Administrative Tribunal and Former Chief Justice Sikkim


Chairperson
Justice Permod Kohli, Chairman Central Administrative Tribunal and Former Chief Justice Sikkim
Moderator
Brig Sunil Kant, VSM, Prof and Head, Dept of Hospital Administration, AFMC, Pune
Panelist:
1. Lt Gen (Dr) NK Parmar, PVSM, AVSM, VrC, VSM (Retd)
2. Maj Gen Rajender Kumar, AVSM, SM,VSM, Judge Advocate General
3. Dr U.N. Nair, Former Prof &Head of Physical Medicine & Rehabilitation at Annamalai University, Tamil Nadu, Visiting Prof of Physical Medicine & Rehabilitation at Sree Chitra Institute of Medical Sciences & Technology (Institution of National Importance), Trivandrum, Honorary Prof at Annamalai University
1300 hrs- 1400 hrs, Lunch
1400 hrs- 1500 hrs
SESSION 6





Negligence in Medical Practices


Chairperson
Surg V ADM Bipin Puri, VSM, DGMS (Navy)
Moderator
Dr Arvind Kumar, Director Thoracic and Robotic Surgery, Sir Ganga Ram Hospital*
Panelist
1. Prof A.K. Mahapatra, Chief NeuroSciences Centre and HOD Neurosurgery, AIIMS, New Delhi & Former Director AIIMS, Bhubaneshwar*
2. Dr Mahendra Kumar Bajpai, Director, Institute of Medicine and Law, New Delhi*
3. Col Abhijit Rudra, Professor & Head, Dept of Forensic Medicine, AFMC, Pune
4. Dr Anjan Trikha, Prof Dept of Anaesthesia & Pain Medicine and Critical Care
5. Dr Nirupam Madaan, Associate Professor, Hospital Administration, AIIMS, New Delhi
1500-1520 hrs
SESSION 7
Keynote Address
PCPNDT Act – Implications in Medical Practice
Padma Shri (Dr) Harsh Mahajan, Founder and Chief Radiologist at Mahajan Imaging Pvt. Ltd. New Delhi.
1520 hrs-1630 hrs
SESSION 8
Legal and Ethical Issues in Obstetrics, Gynaecology and Neonatology Practice
Chairperson
Lt Gen Sanjiv Chopra, VSM, DGHS(AF)
Moderator​
Lt Col (Dr) MM Singh, Joint Director Medical Services, Army
Panelist
1. Padma Shri (Dr) Harsh Mahajan, Founder and Chief Radiologist at Mahajan Imaging Pvt. Ltd. New Delhi.
2. Brig Rakesh Sharma, ART Expert, Primus hospital, New Delhi
3. Dr A.K. Deorari, Prof of Neonatology, AIIMS, New Delhi
4. Prof (Colonel) Pankaj Talwar MD, VSM, Director and Head of ART Center, Army Hospital Research and Referral), New Delhi*
5. Dr Manju Puri, Lady Harding Medical College
6. Dr Neena Malhotra, Prof Obs and Gynae, AIIMS, New Delhi
1630-1700 hrs, Tea Break
1700 hrs- 1800 hrs
SESSION 9
Legal, Ethical and Administrative Challenges in Emergency Care and Road Safety
Chairperson
Mr Vijay Chibber, IAS, Fr Secretary to Govt, Ministry of Surface Transport and Highways, GoI.
Moderator
Dr Angel Rajan Singh, Assistant Professor, Dept of Hospital Administration, AIIMS, New Dehi.
Panelist
1. Prof. (Dr) Suresh S. David, Medical Director, Pushpagiri Medical College Hospital, Kerala, India
2. Dr A. G. Ahangar, Director SKIMS Srinagar & Ex-Officio Secretary to Government of Jammu and Kashmir
3. Dr Parvez Ahmed, Chairman and MD Aapka Urgicare, New Delhi
4. Dr Mohd Tariq Ali, Director, Institute of Critical Care & Anaesthesiology, Medanta Medicity,Gurgaon, Delhi
5. Dr Tamorish Kole, HOD, Accident and Emergency Services, Max Super Speciality Hospital, Saket, New Delhi
6. Mr Dipender Pathak, Joint Commissioner of Police, Delhi*
7. Dr SK Bhoi, Professor of Emergency Medicine, JPN Apex Trauma Centre, AIIMS, New Delhi
8. Mr. Saji Cherian, Director - Operations, Savelife Foundation
1830 -1915hrs
Musical Saga: Mahanayak: A journey
Display by INDIAN NAVY BAND
1915 – 2000 Hrs
Oration

















Friday,19th May 2017
Time
Topic
Panelist
0900 hrs- 1030 hrs
SESSION 10
Role of Consent in Medical Practice- Associated Legal and Ethical issues
Chairperson
Dr Avinash Supe, Dean KEM Medical College, Gastro Surgeon, Mumbai
Moderator
Dr Sanjay Arya,Prof Hospital Administration, AIIMS, Delhi
Panelist
1. Dr K.P.S.Mahalwar, Chair Professor, Professional Ethics, NLU, New Delhi.
2. Dr AK Gupta, Professor and Head Department of Hospital Administration and Medical,Superintendent PGIMER, Chandigarh
3. Maj Gen Jagtar Singh, VSM, ADG, E&S O/o DGAFMS, New Delhi
4. Dr Sudhir Gupta, Prof and HOD, Forensic Medicine and Toxicology, AIIMS, New Delhi.
1030 hrs – 1100hrsTea Break
1100 hrs- 1200 hrs
SESSION 11
End of Life Decisions

Chairperson
Prof GK Rath, Head National Cancer Institute and Chief IRCH, AIIMS, Delhi
Moderator
Col Saroj Patnaik, AFMS
Panelist
1) Dr Rangaraj Setlur (Anesthetist/ Intensivist), Army Hospital, RR, New Delhi
2) Dr Padma Srivastav, Prof Neurology, AIIMS, New Delhi
3) Dr Mahesh R, Associate Prof, Dept of Hospital Administration, AIIMS, New Delhi
4) Dr LJ Desouza, Shanti Avedhna, Sedan, New Delhi.
5) Member from NHRC
6) Member from NGO
1200 hrs- 1220 hrs
SESSION 12
Keynote Address:
Vicarious &Criminal Liability in Medical Profession
Justice Manmohan Sarin, Lokayukta Former Chief Justice, High Court of Jammu & Kashmir & Judge, High Court of Delhi
1220 hrs- 1315 hrs
SESSION 13
Vicarious &Criminal Liability in Medical Profession

Chairperson
Justice Manmohan Sarin, Lokayukta Former Chief Justice, High Court of Jammu & Kashmir & Judge, High Court of Delhi.
Moderator
Air Marshal (Dr) Pawan Kapoor, VSM* PHS, DGMS (AIR) & Colonel Commandant, Institute of Aviation Medicine and Chairman Accreditation Committee NABH

Panelist
1. Dr B D Athani, Special Director General of Health Services, GoI*
2. Dr D.K. Sharma, MS, AIIMS, New Delhi
3. Prof. (Dr.) Mrinal Satish, Associate Professor of Law, National Law university, Delhi
1315 hrs -1400 hrs, Lunch Break
1400 hrs- 1500 hrs
SESSION 14
Consumer Protection Act &its implications in Medical and Nursing care - Landmark Judgments
Chairperson
Hon,ble Mr Justice D.K.Jain, President National Consumer Redressal Commission, Delhi
Moderator
Dr Siddhartha Satpathy, Professor & HOD, Dept of Hospital Administration, AIIMS, New Delhi
Panelist
1. Dr Bejon Kumar Mishra, Founder Partnership for Safe Medicines (PSM) India, New Delhi
2. Dr Shah Alam, Prof of Orthopedics, AIIMS, New Delhi*
3. Mr Gourav Pachnanda, Senior Advocate Supreme Court, India
4. Dr Mala Goswami, Professor cm Principal, Nursing College AIIMS, Bhopal*
1500 hrs -1600 hrs
SESSION 15
Errors in Medical Practice: What can go wrong
Chairperson
Lt Gen Velu Nair, PVSM, AVSM, VSM, DGMS (ARMY & Col Comdt), New Delhi.
Moderator
Dr Arati Varma, Senior VP-Medical Quality, Max Healthcare, New Delhi, India
Panelist
1. Justice Vinod Gupta, Former Chief Justice, Jharkhand, Himachal Pradesh and Uttarakhand
2. Dr B.K.Rao, Chairman and Senior Consultant, Critical Care, Sir Ganga Ram Hospital, New Delhi
3. Dr Anupam Sibal, Senior Consultant, Pediatric Gastroenterology and Hepatology, Indraprastha Apollo Hospitals, New Delhi and Group Medical Director, Apollo Hospitals
4. Brig (Dr) Rashmi Dutta, VSM Consultant anesthesia, BHDC
5. Dr Abhay Shukla, Senior Programme Coordinator, SATHI Foundation, Pune*
1600 hrs- 1630 hrs TeaBreak

1630 hrs - 1800 hrs
SESSION 16
Compensation- When, Why and How Much

Chairperson
Dr. V. Nagaraj, Professor of Law, NSLIU, Bangalore
Moderator
Dr Vijaydeep Siddharth, Assistant Prof, Dept of Hospital Administration, AIIMS, New Delhi
Panelist
1. Dr Narendra Saini, Member Executive Committee, Delhi Medical Association
2. Mr Shishir Chand, Member for People for Better Treatment, New Delhi, India
3. Shri K.N. Bhandari (Insurance), Chair Professor, NLU Jodhpur, Former CMD, New India Assurance Co. Ltd
4. Mr G Srinivasan, Chairman Cum Managing Director, New India Assurance Company.
5. Mr Girish Rao, Chairman Vidal Health*
6. Shri P J Joseph, CMD- Agriculture Insurance Company of India & Member IRDA*
7. Ashish Mehrotra, CMD and Country Head- Max Bupa*
8. Mayank Bathwal, CEO- Aditya Birla*
1830 -1915 hrs
Musical Saga part 2
Display by Indian Army Band
1915 – 2000 Hrs
Oration









Saturday, 20th May 2017
Time
Topic
Panelist
0900hrs-1000 hrs
SESSION 17
Medical Value Travel – Need to
Follow Global Legal and Ethical Standards
Chairperson
Shri Sudhanshu Pande
Joint Secretary, Dept of Commerce
Ministry of Commerce and Industry, GoI
Moderator
Dr Parmeshwar Kumar, Associate Professor, Hospital Administration, AIIMS, New Delhi*
Panelists
1) Dr. Narottam Puri, Advisor-Medical and Emeritus Consultant (ENT&H&N SURGERY) Fortis Healthcare, Fr Chairman – NABH
2) Dr. Muffazal Lakdawala, Chairman, Dept. of Minimal Access and Bariatric Surgery, Saifee hospital
3)
1000 hrs- 1100 hrs
SESSION 18
Ethics in Medical Education- Time for Introspection
Chairperson
Dr Shiv Sareen, Director, Institute of Liver and Biliary Sciences, New Delhi
Moderator
AVM (Dr) RK Ranyal, VSM Addl DGAFMS(HR)
Panelist
1) Prof (Dr) Bipin Batra, Executive Director, National Board of Examination
2) Dr.Rita Sood, Prof. & Head, Deptt. of Medicine, AIIMS, New Delhi
3) Dr K.K. Aggarwal, President Indian Medical Association
4) Ms Shobha Mishra Ghosh, Senior Director FICCI, New Delhi
5) Expert from MCI
1100 hrs to 1130 hrs Tea Break
1130 hrs to 1230hrs
SESSION 19
Keynote Address:
Legal, Ethicaland Administrative Issues in Telemedicine and Electronic Consultations
Chairperson
Padma Shri A. S. Kiran Kumar
Chairman ISRO,
Moderator
Group Capt(Dr) RajeevPathni,
Panelist
1. Prof. S K Mishra, Head, Dept. of Endocrine Surgery & Faculty I/C, Telemedicine Programme, SGPGI,Lucknow
2. Dr Deepak Aggarwal, Professor, Computerization and Professor of Neurosurgery, AIIMS, New Delhi
3. Representative from Apollo, Tele Health
4.
1200 hrs- 1300 hrs
SESSION 20
Legal &Ethical issues in Clinical Trials and Research

Chairperson
Dr Soumya Swaminathan, Director ICMR*
Moderator
Dr Y. K Gupta, Prof and Head, Dept of Pharmacology, AIIMS, New Delhi
Panelist
1. Prof (Dr) Nirmal K. Ganguly, Advisor, THSTI
2. Dr Shiv Sareen, Director, Institute of Liver and Biliary Sciences
3. Dr G.N.Singh, Drugs Controller General India &Secretary-cum-Scientific Director, IPC MoHFW, GoI*
4. Mr A.K.Pradhan, Deputy Drugs Controller
CDSCO, North Zone, MoH&FW*
5. Representative from Pharma Industry
1300 hrs – 1400 hrs Lunch
1400 hrs – 1420 hrs
SESSION 21









Keynote Address
Code of Conduct for Medical Technology Industry- Legal and Ethical Compliances

Dr Harsh Vardhana Singh, Executive Director, Brookings India
1420 hrs – 1520 hrs
SESSION 22


Code of Conduct for Medical Technology Industry- Legal and Ethical Compliances

Chairperson
Dr Harsh Vardhana Singh, Executive Director, Brookings India
Moderator
Dr Sanjeev Singh, Medical Superintendent, Amrita Institute of Medical Sciences, Kochi, Kerala*
Panelist
1) Dr Shakti Kumar Gupta, Medical Superintendent, Dr RP Centre, AIIMS, New Delhi
2) A. Vaidheesh, VP, South Asia & Managing Director, India, GlaxoSmithKline Pharmaceuticals Limited*
3) Manoj Gopalakrishna, CEO at HCL Healthcare, Noida Area, India
4) Ms. Rani Shah, Health Care Compliance Officer, Johnson & Johnson Medical*
5) Dr Ruchi Dass, MD, Health Cursor Consulting Group
6) Dr Rana Mehta, Partner, Price Water Coopers*
1520 hrs to 1620 hrs
SESSION 23
Pricing Issues in Drugs, Devices and Medical Implants
Chairperson
Major Gen Rajat Datta, AVSM, VSM, SM, Consultant Cardiologist & ADGMS, (Army)Moderator
Dr Y. K Gupta, Prof and Head, Dept of Pharmacology, AIIMS, New Delhi
Panelist
1. Dr Khuranna, Director National Pharmaceutical Pricing Authority*
2. Dr. S. Eswara Reddy, Joint Drugs Controller (India)CDSCO*
3. Dr I B Singh, Professor Hospital Administration, AIIMS, New Delhi
4. Mr Anjan Bose, Secretary General, Healthcare Federation of India (NATHEALTH)
5. Mr Satish Kaul, Resident Director, Emcure Phamaceuticals
6. Representative from Civil Society
1620 hrs - 1700 hrs Tea Break
1700 hrs – 1800 hrs
SESSION 24
Medico legal and Ethical issues in Organ Transplantation





Chairperson
Prof.(Dr.) R. Venkata Rao,Vice-Chancellor, National Law School of India University Nagarbhavi, Bangalore
Moderator
Dr Aarti Vij, Prof of Hospital Administration and Faculty InchargeORBO, AIIMS, New Delhi
Panelist
1. Director NOTA
2. Dr. Jeewan Singh Titiyal, Professor and Head, Dr. R P Centre for Ophthalmic Sciences, AIIMS, New Delhi, Chairman National Eye Bank.
3. Dr Sandeep Guleria, Senior Consultant Surgery and Renal transplant surgeon, Apollo Hospital.
4. Dr Vipin Kaushal, Additional Prof, Dept of Hospital Administration, PGI, Chandigarh)
5. Ms Pallavi Kumar, Executive Director (Delhi-NCR), MOHAN (Multi Organ Harvesting Aid Network) Foundation
6. Patients with history of organ transplantation
1800 hrs- 1900 hrs
SESSION 23
Regulatory Councils of Medical, Dental and Nursing Profession: How to bridge the demand supply mismatch of professionals.



Chairperson
DR V P Mishra, Chairman Academic council, MCI
Moderator
Col Rakesh Verma, Senior Registrar, Military Hospital, Roorkee
Panelist
1 Dr Arun Kumar Gupta, President DMC*
2 Dr O P Kharbanda, Professor, Head,Department of Orthodontics and Chief, Centre for Dental Education and Research, AIIMS, New Delhi
3 Maj Gen Sushila Sahi, VSM, ADGMNS.
4 Dr Anoop Daga, Associate Prof, Dept of Hospital Administration, AIIMS, New Delhi
5 Dr (Ms) Josephine RLittle Flower G, Nursing Advisor, MoHFW*
1900 hrs onwards
Valedictory Function
Valedictory Address


* Confirmation Awaited

18

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