However, I am missing elements usually required.

1) The 21 day take backsies in the pro-lawyer 1993 revision of Rule 11. The lawyer must have notice of the mistake and a chance to drop the lawsuit. The lawyer waited a year to ask his client which doctor treated her. However, once she told him, he dropped the case. When does the 21 days start, when he knew, or when he should have known?

2) An improper motive, rather than the desire to aggressively pursue the client’s rights. The court called it an improper purpose to have “an inexplicable obstinacy.” It set aside the usual malice, harassment, and bad faith definition.

The majority of medmal plaintiff lawyers have inexplicable obstinacy, to still pursue mostly garbage claims. Obstinacy serves lawsuit lotto playing. Eventually, a case may pay.