I have researched this and could not find a case where this applied to medical malpractice; I did find cases where it has been extended to licensing issues, and contracts.
Please see Gilkyson, et al. v. Disney Enterprises, Inc., et al.
Also please see:
Aryeh v. Canon Business Solutions, Inc. (unfair competition application)
This is an "equitable doctrine" based on theories of equity/justice.
As such it is discretionary and the court would apply it on a case by case basis.
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