It did not allege malpractice.

I want that on the record because it is what made it work.

What it alleged was this.

That on the third and fourth of March 2021, the institution’s surrogate decision-making process was carried out correctly on its face and produced an outcome in which a competent, awake, available parent in the same building was excluded from an irreversible decision about her own child.

That the institution had a procedure for verifying surrogate authority and no procedure whatsoever for verifying a surrogate’s representations about another person’s capacity.