If you were a patient who paid for something and didn't get it.. this is malpractice. There's a chance that if you were in the 60% that had no positive effect,

If you were a patient who paid for something and didn't get it.. this is malpractice. There's a chance that if you were in the 60% that had no positive effect, you might've had the effect if you had the treatment. A reasonable person would sue, and a reasonable jury would compensate.