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Gerald Einaugler was convicted of intentional neglect for a treatment decision most medical practitioners would call conservative management. He was sentenced to 52 weekends on Riker's Island, but only spent six there before Gov. George Pataki commuted his sentence. A doctor's error in judgment is traditionally a civil matter, unless there is intent to cause harm or blatant indifference to a substantial, life-threatening risk. In recent years, prosecutors around the country have begun to blur the distinction between honest mistakes and crimes.

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