Rule2024-10130
Medical Malpractice Claims by Members of the Uniformed Services
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 10, 2024
Effective
May 10, 2024
Issuing agencies
Defense Department
Abstract
The DoD is finalizing amendments to apply offsets for payments made by the U.S. Government for medical malpractice claims to potential economic damages only and not to total potential damages. Under this rule total potential damages will no longer be reduced by offsetting most of the compensation otherwise provided or expected to be provided by DoD or the Department of Veterans Affairs (VA) for the same harm that is the subject of the medical malpractice claim. Instead, only economic damages will be reduced by offsetting most of the compensation otherwise provided or expected to be provided by DoD or the VA for the same harm that is the subject of the medical malpractice claim. This rule also clarifies future lost earnings may be awarded until the time DoD determines that the claimant is, or is expected to be, medically rehabilitated and able to resume employment; in cases of permanent incapacitation, until expiration of the claimant's work-life expectancy; or, in cases of death, until the expiration of the claimant's work-life expectancy, after deducting for the claimant's personal consumption.
Full Text
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<title>Federal Register, Volume 89 Issue 92 (Friday, May 10, 2024)</title>
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[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Rules and Regulations]
[Pages 40378-40382]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10130]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 45
[Docket ID: DoD-2023-OS-0065]
RIN 0790-AL70
Medical Malpractice Claims by Members of the Uniformed Services
AGENCY: Department of Defense (DoD) Office of General Counsel, DoD.
ACTION: Final rule.
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SUMMARY: The DoD is finalizing amendments to apply offsets for payments
made by the U.S. Government for medical malpractice claims to potential
economic damages only and not to total potential damages. Under this
rule total potential damages will no longer be reduced by offsetting
most of the compensation otherwise provided or expected to be provided
by DoD or the Department of Veterans Affairs (VA) for the same harm
that is the subject of the medical malpractice claim. Instead, only
economic damages will be reduced by offsetting most of the compensation
otherwise provided or expected to be provided by DoD or the VA for the
same harm that is the subject of the medical malpractice claim. This
rule also clarifies future lost earnings may be awarded until the time
DoD determines that the claimant is, or is expected to be, medically
rehabilitated and able to resume employment; in cases of permanent
incapacitation, until expiration of the claimant's work-life
expectancy; or, in cases of death, until the expiration of the
claimant's work-life expectancy, after deducting for the claimant's
personal consumption.
DATES: This final rule is effective May 10, 2024.
FOR FURTHER INFORMATION CONTACT: Melissa D. Walters, (703) 681-6027.
SUPPLEMENTARY INFORMATION:
I. Background
Section 2733a of title 10, United States Code, allows members of
the uniformed services or their authorized representatives to file
claims, and the Secretary of Defense to pay such claims, for personal
injury or death caused by a DoD health care provider in a covered
[[Page 40379]]
military medical treatment facility, as defined in that section. DoD
published an interim final rule to establish uniform standards and
procedures for adjudicating these claims on June 17, 2021 (86 FR 32194)
and a final rule on August 26, 2022 (87 FR 52446). Proposed amendments
to this regulation were published in the Federal Register on October
20, 2023 (88 FR 72412), that proposed to apply offsets for payments
made by the U.S. Government to economic damages only and clarify when
future lost earnings may be awarded. Comments were accepted for 60 days
until December 19, 2023. DoD is making no changes to the regulatory
text based on the comments received.
II. Discussion of Comments and Changes
A total of 24 comments were posted on the regulatory docket.
Summaries of the comments and the Department's responses are as
follows.
General
Two comments from individual members of the public reflected
general support for the proposed changes. One of these commenters
stated that the proposed changes would benefit Service members and
reduce the financial burdens on them and their families following
injury or death.
One comment was too general to be actionable. The commenter
generally sought to have a fair, efficient, and consistent system
without making any suggestions for changes to the proposed rule.
The Department received a number of comments that were outside of
the scope of the proposed rule and therefore did not result in changes
to the proposed rule. Several comments expressed concerns about the
quality of care provided by DoD or the VA and included personal
narratives from Service members, their family members, or others on
Service members' behalf about specific medical care the Service members
received from DoD and VA medical providers. One comment sought to have
32 CFR part 45 extended to all patients of DoD's military health system
and not just members of the uniformed services. Another commenter
sought to have the doctrine in Feres v. United States, a 1950 Supreme
Court decision, overturned to allow Service members to bring lawsuits
in Federal court. An individual submitted comments seeking a change
related to the definition of ``DoD health care provider'' in 32 CFR
part 45. An additional comment beyond the scope of the regulation
recommended that Service members receive copies of their DD Form 2807-
1, ``Report of Medical History,'' and their DD Form 2807-2,
``Accessions Medical History Report,'' in addition to their DD Form
214, ``Certificate of Uniformed Service.'' One comment suggested that
Service members be educated about the claims process. Finally, one
individual generally expressed concerns about the claims process,
including a belief that settlements under the process were unfair and
lacked transparency.
Section 45.9 Calculation of Damages: Economic Damages
Comment: A State legislator supported the portions of the proposed
rule clarifying when future lost wages may be awarded.
Response: This comment did not recommend any changes to Sec. 45.9
and no changes were made to this section.
Section 45.10 Calculation of Damages: Non-Economic Damages
Comment: One individual commented that the rule change may provide
additional compensation for non-economic harms, although noted that
compensation could never make a malpractice victim or survivor whole. A
number of comments, including comments from Members of Congress, a
local elected official, a State legislator, and individuals sought
elimination of the cap on non-economic damages.
Response: DoD did not make any changes as a result of these
comments. Section 2733a(g)(2)(B) of title 10, U.S.C., requires DoD to
adjudicate claims, including calculating damages, based on uniform
national standards consistent with generally accepted standards used in
a majority of States in adjudicating claims under the Federal Tort
Claims Act (FTCA), 28 U.S.C. 2671 et seq., without regard to the place
where the Service member received medical care. This standard in 10
U.S.C. 2733a(g)(2)(B) is a different standard from the FTCA. Under the
FTCA, 28 U.S.C. 2672 and 1346(b)(1), the law applied is the law of the
place where the medical care was provided. A majority of States, 28,
have caps on non-economic damages applicable in medical malpractice
claims and therefore DoD has retained the cap on non-economic damages.
DoD administratively removed a description of ``physical
disfigurement'' that used outdated terminology and is unnecessary for
purposes of claims adjudication.
Section 45.11 Calculation of Damages: Offsets for DoD and VA
Compensation
Comment: One commenter, a city elected official, was supportive of
eliminating offsets from non-economic damages. A State legislator
indicated support for the changes that would allow more Service members
to receive compensation for non-economic damages than under the current
regulation. A number of comments, including from Members of Congress, a
State legislator, and individuals, sought to eliminate offsets from the
portion of potential malpractice damage awards for economic damages in
addition to the portion for non-economic damages. Some comments
incorrectly seemed to suggest that ``offsets'' meant that the Service
member's DoD and VA compensation would be reduced. Some comments also
seemed to suggest, inaccurately, that the Department is offsetting an
amount equal to all VA compensation for all line of duty injuries, not
just offsetting the amount of compensation received for those
additional injuries caused by malpractice.
Response: Federal law provides a comprehensive system of
compensation for military members and their families in cases of death
or disability incurred in military service. This system applies to all
causes of death or disability incurred in service, whether due to
combat injuries, training mishaps, motor vehicle accidents, naturally
occurring illnesses, household events, with limited exceptions (e.g.,
when the member is absent without leave or the injury is due to the
member's intentional misconduct or willful negligence). This
compensation system also applies to injuries incurred in service caused
by medical malpractice.
Offsets from economic damages account for the fact that
compensation has already been paid or will be paid by the Government
for economic injuries caused by the malpractice. In other words, the
claimant has already received, is receiving, or will be receiving
compensation from the U.S. Government on account of his or her economic
losses. For example, VA disability ratings ``represent as far as can
practically be determined the average impairment in earning capacity''
resulting from service-related injuries. (See 38 CFR 4.1) DoD is
required by 10 U.S.C. 2733a(g)(2)(B) to apply the law in the majority
of states when adjudicating Service member medical malpractice claims.
Offsetting economic damages for compensation already paid by the United
States is consistent with general tort law principles that states would
apply.
The fact that offsets are made from potential medical malpractice
damages awards does not change a Service member's entitlement to the
DoD or VA
[[Page 40380]]
compensation. The same amount of DoD or VA compensation is still paid
to a claimant even if the claimant receives an award of medical
malpractice damages. What happens with offsets is that the applicable
amount of DoD or VA compensation is subtracted from the medical
malpractice damages award that otherwise would be payable.
Additionally, offsets are made only for the amount of compensation
received from the DoD or VA that is related to the medical conditions
caused by the malpractice. The amount of compensation for medical
conditions unrelated to the malpractice is not offset. For example, if
a Service member receives VA disability compensation both for a combat
injury to her hand and for an injury to her knee caused by malpractice,
only the amount of compensation for the knee injury would be used as an
offset from the proposed damages award.
DoD did not make changes to this section.
III. Effective Date
Pursuant to 5 U.S.C. 553(d), DoD has decided not to delay the
effective date of this rule and to make it effective immediately. The
final rule relieves a restriction on the amount of non-economic damages
claimants may receive. Moreover, there is good cause not to delay the
effectiveness of this rule. The amendments apply to claims received by
DoD on or after the date this final rule is published in the Federal
Register and to claims pending before DoD on that date. An immediate
effective date allows more timely adjudication of those claims
currently pending which would be impacted by the final rule and more
timely payments to those claimants. Further, delaying the effective
date would result in no benefit to claimants because the final rule
imposes no burdens on them and therefore they do not need time to
prepare for compliance with the final rule.
IV. Regulatory Analysis
Executive Order 12866, ``Regulatory Planning and Review,'' as Amended
by Executive Order 14094, ``Modernizing Regulatory Review'' and
Executive Order 13563, ``Improving Regulation and Regulatory Review''
Executive Orders 12866 (as amended by Executive Order 14094) and
13563 direct agencies to assess all costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health, and safety effects;
distribution of impacts; and equity). Executive Order 13563 emphasizes
the importance of quantifying both costs and benefits, of reducing
costs, of harmonizing rules, and of promoting flexibility. This final
rule has been determined to be a significant regulatory action under
paragraph 3(f) of the amended Executive Order 12866. Accordingly, it
has been reviewed by the Office of Management and Budget as required by
these Executive orders.
Congressional Review Act (5 U.S.C. 804(2))
This final rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601 et seq)
The General Counsel of the Department of Defense certified that
this final rule is not subject to the Regulatory Flexibility Act (5
U.S.C. 601) because it would not, if promulgated, have a significant
economic impact on a substantial number of small entities. Therefore,
the Regulatory Flexibility Act, as amended, does not require a
regulatory flexibility analysis.
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
Section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1532) requires agencies to assess anticipated costs and benefits before
issuing any rule whose mandates require non-Federal spending in any one
year of $100 million in 1995 dollars, updated annually for inflation.
This final rule does not mandate any requirements for State, local, or
tribal governments, nor affect private sector costs.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been determined that this final rule does not impose new
reporting or recordkeeping requirements under the Paperwork Reduction
Act of 1995.
Executive Order 13132, ``Federalism''
Executive Order 13132 establishes certain requirements that an
agency must meet when it promulgates a final rule that imposes
substantial direct requirement costs on State and local governments,
preempts State law, or otherwise has federalism implications. This
final rule does not have a substantial effect on State and local
governments.
Executive Order 13175, ``Consultation and Coordination With Indian
Tribal Governments''
Executive Order 13175 establishes certain requirements that an
agency must meet when it promulgates a final rule that imposes
substantial direct compliance costs on one or more Indian tribes,
preempts tribal law, or affects the distribution of power and
responsibilities between the Federal Government and Indian tribes. This
final rule will not have a substantial effect on Indian tribal
governments.
V. Impact of this Regulation
a. Summary
The amendments adjust and update certain portions of the regulation
related to calculation of damages. Currently, DoD offsets from both
economic and noneconomic damages compensation made by DoD and VA on
account of the injuries from malpractice. The amendments apply offsets
to economic damages only. Under the current rule, a claimant who has
little or no economic damages would be unable to recover any damages if
the compensation that the claimant already receives or will receive
from DoD and VA for the injuries from malpractice exceeds the total
amount of potential economic and non-economic damages. Under the
amendment, these claimants will be able to recover non-economic damages
because the amount of the DoD and VA compensation will no longer be
used to offset the non-economic damages.
The amendments also include two changes that were made to better
describe the applicable principles used when adjudicating claims to
make the rule clearer for claimants. First, language was added to
address medical rehabilitation as it relates to future lost earnings by
explicitly stating the principle that future lost earnings do not
continue beyond the point when DoD determines that the claimant is, or
is expected to be, medically rehabilitated and able to resume
employment. Second, because 10 U.S.C. 2733a(b)(5) prevents recovery for
claims that are allowed to be settled and paid under any other
provision of law, language was added to explicitly state that an injury
or condition does not result in lost earnings for purposes of this
regulation if the lost earnings stem from disability discrimination,
since disability discrimination is compensable under other provisions
of law. These principles, if applicable to the facts of a claim,
already would have been applied in adjudicating those claims.
Therefore, these changes will have no meaningful economic impact.
[[Page 40381]]
b. Affected Population
At the end of Fiscal Year 2022, there were approximately 1,410,000
Active Duty Service members, and 440,000 Reserve and National Guard
members eligible for DoD healthcare benefits. These uniformed Service
members will be able to file claims with DoD alleging malpractice from
care at DoD military medical treatment facilities as defined in 10
U.S.C. 2733a.
c. Costs
DoD does not estimate that any additional claims will be filed as a
result of the amendments to the regulation. Since the enactment of 10
U.S.C. 2733a, individuals who believe they have been subjected to
malpractice have filed claims involving injuries ranging from minor
injuries to death, regardless of the potential application of offsets.
d. Transfers
Regardless of the number of claims in which malpractice occurred,
the only claims in which damages will be awarded are those which exceed
the offsets for any payment to be made. The amendments solely impact
non-economic damages. No amendments are being made that impact offsets
from economic damages.
Similar to malpractice claims under the FTCA, claims payable under
this regulation could include a wide range of non-economic damages
depending on their facts. A claim involving minor pain and temporary
injuries would result in a lower non-economic damages award than a
claim involving significant, continuing pain and/or debilitating
injury. Initially, non-economic damages were capped at $500,000. This
cap was raised to $600,000 in August 2022 and again to $750,000 in
October 2023.
Based on claims adjudicated under this part in 2021 and 2022, four
claims were adjudicated in which offsets were applied. In two of these
claims, the economic damages alone were larger than the offsets so the
payouts would not have been impacted had the amendments been in effect.
Only for the remaining two claims would the outcome have been different
had the amendments been in effect. In one claim, an additional $200,000
would have been paid to the claimant if offsets had not been made from
non-economic damages. In the other claim, an additional $100,000 would
have been paid to the claimant if offsets had not been made from non-
economic damages.
Claims in 2021 and 2022 may not necessarily be representative of
claims in future years. Claims were accepted beginning January 1, 2020,
but could only begin to be adjudicated beginning on July 17, 2021, when
the interim final rule at 86 FR 32194 became effective. The first
claims adjudicated under this new process were claims that did not
require a decision on the merits of whether malpractice occurred, such
as claims that were denied because the alleged malpractice fell outside
the statute of limitations in 10 U.S.C. 2733a(b)(4). Just as with claim
resolution processes involving non-Service member claims, more complex
claims, which tend to involve higher amounts of damages, require time
for review. Since Service members' claims have only been able to be
adjudicated since July 17, 2021, more complex claims may still be under
adjudication, and the two claims that would have had a different
outcome in 2021 and 2022 may not be representative of the number of
claims that would be impacted going forward.
Taking the limited information DoD has into account, DoD estimates
that the amendments to the regulation will affect two claims per year.
The average of the additional non-economic damages at issue in the two
claims which would have been impacted if this regulation had been in
effect was $150,000. Assuming $150,000 additional would be paid in two
claims, the estimated total additional transfers from the Government to
claimants therefore would be $300,000. Of this, the first $100,000 of
each of the two claims would be paid by DoD, with the remainder to be
paid by the Treasury.
There could be significant variation in the number of claims that
would be impacted by the amendments to the regulation from year to
year. In some years, there could be no claims affected by the
amendments, so there would be zero additional transfers from the
Government to claimants. In other years, there could be more claims
impacted by the amendments and/or claims involving different amounts of
non-economic damages than the $150,000 estimate. For example, assuming
that in another year there were four claims in which non-economic
damages would be paid and assuming the non-economic damages in these
four claims would be paid at the cap of $750,000, this would lead to
transfers of $3 million from the Government to claimants.
e. Benefits
The amendments to the regulation will allow some Service members to
receive compensation for non-economic damages that they would not have
been able to receive under the current regulation. The amendments
afford some Service members additional compensation in light of the
non-economic harms they have experienced as a result of malpractice.
List of Subjects in 32 CFR Part 45
Claims, Malpractice, Medical, Uniformed services.
Accordingly, the Department of Defense amends 32 CFR part 45 to
read as follows:
PART 45--MEDICAL MALPRACTICE CLAIMS BY MEMBERS OF THE UNIFORMED
SERVICES
0
1. The authority for part 45 continues to read as follows:
Authority: 10 U.S.C. 2733a.
0
2. Amend Sec. 45.1 by revising paragraph (b) to read as follows:
Sec. 45.1 Purpose of this part.
* * * * *
(b) Relationship to military and veterans' compensation programs.
Federal law provides a comprehensive system of compensation for
military members and their families in cases of death or disability
incurred in military service. This system applies to all causes of
death or disability incurred in service, whether due to combat
injuries, training mishaps, motor vehicle accidents, naturally
occurring illnesses, or household events, with limited exceptions
(e.g., when the member is absent without leave or the injury is due to
the member's intentional misconduct or willful negligence). This
comprehensive compensation system applies to cases of personal injury
or death caused by medical malpractice incurred in service as it does
to all other causes. This part provides for the possibility of separate
compensation in certain cases of medical malpractice but in no other
type of case. A medical malpractice claim under this part will have no
effect on any other compensation the member or the member's family is
entitled to under the comprehensive compensation system applicable to
all members. However, if the U.S. Government makes a payment for harm
caused by malpractice, this payment reduces the potential damages under
this part as provided in Sec. 45.11.
* * * * *
0
3. Amend Sec. 45.9 by revising paragraph (b)(4) and adding paragraph
(d) to read as follows:
Sec. 45.9 Calculation of damages: economic damages.
* * * * *
(b) * * *
(4) For future lost earnings:
[[Page 40382]]
(i) Until DoD determines that the claimant is, or is expected to
be, medically rehabilitated and able to resume employment;
(ii) In cases of permanent incapacitation, until expiration of the
claimant's work-life expectancy; or
(iii) In cases of death, until the expiration of the claimant's
work-life expectancy, after deducting for the claimant's personal
consumption.
(iv) Future lost earnings must be substantiated by appropriate
documentation and claimants have an obligation to mitigate damages.
(v) In addition, loss of retirement benefits is compensable and
similarly discounted after appropriate deductions. Estimates for future
lost earnings and retirement benefits must be discounted to present
value.
* * * * *
(d) Disability discrimination. An injury or condition does not
result in lost earnings for purposes of, and is not compensable under,
this part if the lost earnings stem from disability discrimination,
which may be settled and paid under other provisions of law.
0
4. Amend Sec. 45.10 by revising paragraphs (a) through (c) to read as
follows:
Sec. 45.10 Calculation of damages: non-economic damages.
(a) In general. Non-economic damages are one component of a
potential damages award. The claimant has the burden of proof on the
amount of non-economic damages by a preponderance of evidence. DoD may
request an interview of or statement from the claimant or other person
with primary knowledge of the claimant. DoD may also require medical
statements documenting the claimant's condition and, in cases of
disfigurement, photographs documenting the claimant's condition.
(b) Elements of non-economic damages. Non-economic damages include
pain and suffering; physical discomfort; mental and emotional trauma or
distress; loss of enjoyment of life; physical disfigurement; and the
inability to perform daily activities that one performed prior to
injury, such as recreational activities. Such damages are compensable
as part of non-economic damages.
(c) Cap on non-economic damages. In any claim under this part,
total non-economic damages may not exceed a cap amount published by DoD
via a Federal Register notice. DoD will periodically publish updates to
this cap amount via Federal Register notices, consistent with changes
in prevailing amounts in the majority of the States with non-economic
damages caps.
* * * * *
0
5. Amend Sec. 45.11 by:
0
a. Revising paragraph (a);
0
b. Redesignating paragraphs (c) and (d) as paragraphs (d) and (c),
respectively;
0
c. Revising the first sentence in the newly redesignated paragraph (c);
0
d. Adding a sentence to the end of the newly redesignated paragraph
(d);
0
e. Revising paragraph (e); and
0
f. Removing paragraphs (f) and (g).
The revisions and addition read as follows:
Sec. 45.11 Calculation of damages: offsets for DoD and VA Government
compensation.
(a) In general. Total potential economic damages calculated under
this part are reduced by offsetting most of the compensation otherwise
provided or expected to be provided by DoD or VA for the same harm that
is the subject of the medical malpractice claim. DoD has the burden to
establish the applicability and amount of any offsets.
* * * * *
(c) * * * In determining offsets under this section from economic
damages, DoD will use the present value of future payments and
benefits. * * *
(d) * * * Claimants must provide information not available to DoD,
but requested by DoD, for the purpose of determining offsets.
(e) Benefits and payments that may be considered as potential
offsets. The general rule is that potential damages calculated under
this part may be offset only by DoD or VA payments and benefits that
are primarily funded by Government appropriations. Potential damages
calculated under this part are not offset by U.S. Government payments
and benefits that are substantially funded by the military member. The
following examples are provided for illustrative purposes only, are not
all-inclusive, and are subject to adjustment as appropriate.
(1) The following DoD and VA payments and benefits are primarily
funded from Government appropriations and will be offset:
(i) Disability retired pay in the case of retirement due to the
disability caused by the alleged medical malpractice;
(ii) Disability severance pay in the case of non-retirement
disability separation caused by the alleged medical malpractice.
(iii) Incapacitation pay.
(iv) Involuntary and voluntary separation pays and incentives.
(v) Death gratuity.
(vi) Housing allowance continuation.
(vii) Survivor Benefit Plan.
(viii) VA disability compensation, to include Special Monthly
Compensation, attributable to the disability resulting from the
malpractice.
(ix) VA Dependency and Indemnity Compensation, attributable to the
disability resulting from the malpractice.
(x) Special Survivor Indemnity Allowance.
(xi) Special Compensation for Assistance with Activities of Daily
Living.
(xii) Program of Comprehensive Assistance for Family Caregivers.
(xiii) Fry Scholarship.
(xiv) TRICARE coverage, including TRICARE-for-Life, for a
disability retiree, family, or survivors. Future TRICARE coverage is
part of the Government's compensation package for a disability retiree
or survivor.
(2) The following U.S. Government payments and benefits are
substantially funded by the military members or are otherwise generally
not eligible for consideration as potential offsets:
(i) Servicemembers Group Life Insurance.
(ii) Traumatic Servicemembers Group Life Insurance.
(iii) Social Security disability benefits.
(iv) Social Security survivor benefits.
(v) Prior Government contributions to a Thrift Savings Plan.
(vi) Commissary, exchange, and morale, welfare, and recreation
facility access.
(vii) Value of legal assistance and other services provided by DoD.
(viii) Medical care provided while in active service or in an
active status prior to death, retirement, or separation.
Dated: May 6, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2024-10130 Filed 5-9-24; 8:45 am]
BILLING CODE 6001-FR-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.