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	<title>Comments on: Tort Reform and Legal Mythologies:  Re-Examining Limits on Tort Actions and Damage Awards</title>
	<atom:link href="http://jonathanturley.org/2008/04/14/tort-reform-and-legal-mythologies-re-examining-limits-on-tort-actions-and-damage-awards/feed/" rel="self" type="application/rss+xml" />
	<link>http://jonathanturley.org/2008/04/14/tort-reform-and-legal-mythologies-re-examining-limits-on-tort-actions-and-damage-awards/</link>
	<description>Res ipsa loquitur (&#34;The thing itself speaks&#34;)</description>
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		<title>By: Tom</title>
		<link>http://jonathanturley.org/2008/04/14/tort-reform-and-legal-mythologies-re-examining-limits-on-tort-actions-and-damage-awards/#comment-116402</link>
		<dc:creator><![CDATA[Tom]]></dc:creator>
		<pubDate>Wed, 03 Mar 2010 14:03:59 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/?p=1551#comment-116402</guid>
		<description><![CDATA[Physicians, dentists, and other medical professionals are free citizens.

If they are tired of the constant stress and fear of being sued even when providing standard of care, and if they find the long hours and utter dedication to their profession are no longer worth the declining compensation, then they have the right to walk away from that profession and seek something else.

More and more are doing just that.

And if they seek to improve their plight before they abandon the calling of their lives, they have that right as well.

To accuse them of engaging in &quot;medical terrorism&quot; is a rhetorical flourish worthy of a blogging terrorist.]]></description>
		<content:encoded><![CDATA[<p>Physicians, dentists, and other medical professionals are free citizens.</p>
<p>If they are tired of the constant stress and fear of being sued even when providing standard of care, and if they find the long hours and utter dedication to their profession are no longer worth the declining compensation, then they have the right to walk away from that profession and seek something else.</p>
<p>More and more are doing just that.</p>
<p>And if they seek to improve their plight before they abandon the calling of their lives, they have that right as well.</p>
<p>To accuse them of engaging in &#8220;medical terrorism&#8221; is a rhetorical flourish worthy of a blogging terrorist.</p>
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		<title>By: Patty C</title>
		<link>http://jonathanturley.org/2008/04/14/tort-reform-and-legal-mythologies-re-examining-limits-on-tort-actions-and-damage-awards/#comment-11283</link>
		<dc:creator><![CDATA[Patty C]]></dc:creator>
		<pubDate>Tue, 15 Apr 2008 14:21:03 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/?p=1551#comment-11283</guid>
		<description><![CDATA[Anytime, binx.

I enjoyed listening to him speak about what has to be the very near future, and also to his remarks at the end.]]></description>
		<content:encoded><![CDATA[<p>Anytime, binx.</p>
<p>I enjoyed listening to him speak about what has to be the very near future, and also to his remarks at the end.</p>
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		<title>By: Binx101</title>
		<link>http://jonathanturley.org/2008/04/14/tort-reform-and-legal-mythologies-re-examining-limits-on-tort-actions-and-damage-awards/#comment-11280</link>
		<dc:creator><![CDATA[Binx101]]></dc:creator>
		<pubDate>Tue, 15 Apr 2008 12:54:17 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/?p=1551#comment-11280</guid>
		<description><![CDATA[Thanks for the link Patty. :)]]></description>
		<content:encoded><![CDATA[<p>Thanks for the link Patty. <img src='http://s0.wp.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
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		<title>By: Patty C</title>
		<link>http://jonathanturley.org/2008/04/14/tort-reform-and-legal-mythologies-re-examining-limits-on-tort-actions-and-damage-awards/#comment-11275</link>
		<dc:creator><![CDATA[Patty C]]></dc:creator>
		<pubDate>Tue, 15 Apr 2008 11:03:21 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/?p=1551#comment-11275</guid>
		<description><![CDATA[I posted this CSPAN link before.

If you didn&#039;t see the program it&#039;s worth the hour. Denis Cortese, M.D. is President and CEO of Mayo Clinic and makes a strong case for how to approach having a health care system that actually works in the US.

http://www.c-spanarchives.org/library/index.php?main_page=product_video_info&amp;products_id=204497-1

Dr. Denis Cortese talked about the problems with the current health care system in America and how it should be overhauled. He talked about the different components that make up a functioning health care system, what the goals of that system should be, and how they can be achieved. Following his prepared remarks he answered questions from members of the audience.
National Press Club - Luncheon Speech]]></description>
		<content:encoded><![CDATA[<p>I posted this CSPAN link before.</p>
<p>If you didn&#8217;t see the program it&#8217;s worth the hour. Denis Cortese, M.D. is President and CEO of Mayo Clinic and makes a strong case for how to approach having a health care system that actually works in the US.</p>
<p><a href="http://www.c-spanarchives.org/library/index.php?main_page=product_video_info&#038;products_id=204497-1" rel="nofollow">http://www.c-spanarchives.org/library/index.php?main_page=product_video_info&#038;products_id=204497-1</a></p>
<p>Dr. Denis Cortese talked about the problems with the current health care system in America and how it should be overhauled. He talked about the different components that make up a functioning health care system, what the goals of that system should be, and how they can be achieved. Following his prepared remarks he answered questions from members of the audience.<br />
National Press Club &#8211; Luncheon Speech</p>
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		<title>By: Bob, Esq.</title>
		<link>http://jonathanturley.org/2008/04/14/tort-reform-and-legal-mythologies-re-examining-limits-on-tort-actions-and-damage-awards/#comment-11273</link>
		<dc:creator><![CDATA[Bob, Esq.]]></dc:creator>
		<pubDate>Tue, 15 Apr 2008 08:53:39 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/?p=1551#comment-11273</guid>
		<description><![CDATA[Fraus omnia vitiat 

Fraud vitiates everything -- Including sovereign immunity and the defense of state secrets.... 

&quot;Although they have been refused in the &quot;ordinary&quot; fraud and deceit case ( Oehlhof v. Solomon, 73 App. Div. 329, 334, supra), we are persuaded that, on the basis of analogy, reason  [**499]  and principle, there may be a recovery of exemplary damages in fraud and deceit actions where the fraud, aimed at the public generally, is gross and involves high moral culpability. And this court has -- in line with what appears to be the weight of authority (see, e.g., Bell v. Preferred Life Soc., 320 U.S. 238; Day v. Woodworth, 13 How. [54 U.S.] 363, 371; Greene v. Keithley, 86 F. 2d 238, 241; Laughlin v. Hopkinson, 292 Ill. 80; Whitehead v. Allen, 63 N. M. 63; Saberton v. Greenwald, 146 Ohio St. 414; Craig v. Spitzer Motors, 109 Ohio App. 376; Ann., 165 A. L. R. 614) -- sanctioned an award of such damages in a fraud and deceit case where the defendant&#039;s conduct evinced a high degree of moral turpitude and demonstrated such wanton dishonesty as to imply a criminal indifference to civil obligations.  (See Kujek v. Goldman, 150 N. Y. 176, supra; see, also, Hamilton v. Third Ave. R. R. Co., 53 N. Y. 25, 28, supra.) 

Walker v. Sheldon, 12 A D 2d 456, New York, (1961)]]></description>
		<content:encoded><![CDATA[<p>Fraus omnia vitiat </p>
<p>Fraud vitiates everything &#8212; Including sovereign immunity and the defense of state secrets&#8230;. </p>
<p>&#8220;Although they have been refused in the &#8220;ordinary&#8221; fraud and deceit case ( Oehlhof v. Solomon, 73 App. Div. 329, 334, supra), we are persuaded that, on the basis of analogy, reason  [**499]  and principle, there may be a recovery of exemplary damages in fraud and deceit actions where the fraud, aimed at the public generally, is gross and involves high moral culpability. And this court has &#8212; in line with what appears to be the weight of authority (see, e.g., Bell v. Preferred Life Soc., 320 U.S. 238; Day v. Woodworth, 13 How. [54 U.S.] 363, 371; Greene v. Keithley, 86 F. 2d 238, 241; Laughlin v. Hopkinson, 292 Ill. 80; Whitehead v. Allen, 63 N. M. 63; Saberton v. Greenwald, 146 Ohio St. 414; Craig v. Spitzer Motors, 109 Ohio App. 376; Ann., 165 A. L. R. 614) &#8212; sanctioned an award of such damages in a fraud and deceit case where the defendant&#8217;s conduct evinced a high degree of moral turpitude and demonstrated such wanton dishonesty as to imply a criminal indifference to civil obligations.  (See Kujek v. Goldman, 150 N. Y. 176, supra; see, also, Hamilton v. Third Ave. R. R. Co., 53 N. Y. 25, 28, supra.) </p>
<p>Walker v. Sheldon, 12 A D 2d 456, New York, (1961)</p>
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		<title>By: Bob, Esq.</title>
		<link>http://jonathanturley.org/2008/04/14/tort-reform-and-legal-mythologies-re-examining-limits-on-tort-actions-and-damage-awards/#comment-11272</link>
		<dc:creator><![CDATA[Bob, Esq.]]></dc:creator>
		<pubDate>Tue, 15 Apr 2008 08:43:52 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/?p=1551#comment-11272</guid>
		<description><![CDATA[&quot;Punitive or exemplary damages have been allowed in cases where the wrong complained of is morally culpable, or is actuated by evil and reprehensible motives, not only to punish the defendant but to deter him, as well as others who might otherwise be so prompted, from indulging in similar conduct in the future.  (See, e.g., Toomey v. Farley, 2 N Y 2d 71, 83; Krug v. Pitass, 162 N. Y. 154, 161; Hamilton v. Third Ave. R. R. Co., 53 N. Y. 25, 28; Oehlhof v. Solomon, 73 App. Div. 329, 333-334.) n1 Moreover, the possibility of an award of such damages may not infrequently induce the victim, otherwise unwilling to proceed because of the attendant trouble and expense, to take action against the wrongdoer. Indeed, such self-interest of the plaintiff has been characterized as &quot;Perhaps the principal advantage&quot; of sanctioning punitive damages because it &quot;leads to the actual prosecution of the claim for punitive damages, where the same motive would often lead him to refrain from the trouble incident to appearing against the wrongdoer in criminal proceedings&quot;.  

[i]Walker v. Sheldon[/i], 12 A D 2d 456; (1961)]]></description>
		<content:encoded><![CDATA[<p>&#8220;Punitive or exemplary damages have been allowed in cases where the wrong complained of is morally culpable, or is actuated by evil and reprehensible motives, not only to punish the defendant but to deter him, as well as others who might otherwise be so prompted, from indulging in similar conduct in the future.  (See, e.g., Toomey v. Farley, 2 N Y 2d 71, 83; Krug v. Pitass, 162 N. Y. 154, 161; Hamilton v. Third Ave. R. R. Co., 53 N. Y. 25, 28; Oehlhof v. Solomon, 73 App. Div. 329, 333-334.) n1 Moreover, the possibility of an award of such damages may not infrequently induce the victim, otherwise unwilling to proceed because of the attendant trouble and expense, to take action against the wrongdoer. Indeed, such self-interest of the plaintiff has been characterized as &#8220;Perhaps the principal advantage&#8221; of sanctioning punitive damages because it &#8220;leads to the actual prosecution of the claim for punitive damages, where the same motive would often lead him to refrain from the trouble incident to appearing against the wrongdoer in criminal proceedings&#8221;.  </p>
<p>[i]Walker v. Sheldon[/i], 12 A D 2d 456; (1961)</p>
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		<title>By: binx101</title>
		<link>http://jonathanturley.org/2008/04/14/tort-reform-and-legal-mythologies-re-examining-limits-on-tort-actions-and-damage-awards/#comment-11219</link>
		<dc:creator><![CDATA[binx101]]></dc:creator>
		<pubDate>Mon, 14 Apr 2008 21:02:37 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/?p=1551#comment-11219</guid>
		<description><![CDATA[Perhaps if the US adopted a National Health Service approach as in the UK, the trough may disappear and the services would exponentially grow.  The UK&#039;s NHS is the 4th largest employer in the world. Less than 8% of the population uses medical insurance and private doctors in the UK in addition to NHS.  (Yes I understand the tremendous difficulty in re-educating the brainwashed US electorate)

If only the party being sued were the punished party - our current system would be fine.  The fact is though, there are significant industries that have been built on the backs of the American working public.  Just check out the living Trail Lawyers, Inc makes out of Medical Malpractice. So as the article points out ... insurance companies are complicit, however predatory legal practitioners have been partners in this death spiral of reason and good-will.]]></description>
		<content:encoded><![CDATA[<p>Perhaps if the US adopted a National Health Service approach as in the UK, the trough may disappear and the services would exponentially grow.  The UK&#8217;s NHS is the 4th largest employer in the world. Less than 8% of the population uses medical insurance and private doctors in the UK in addition to NHS.  (Yes I understand the tremendous difficulty in re-educating the brainwashed US electorate)</p>
<p>If only the party being sued were the punished party &#8211; our current system would be fine.  The fact is though, there are significant industries that have been built on the backs of the American working public.  Just check out the living Trail Lawyers, Inc makes out of Medical Malpractice. So as the article points out &#8230; insurance companies are complicit, however predatory legal practitioners have been partners in this death spiral of reason and good-will.</p>
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		<title>By: Virginia Considers Raising the Caps on Lawsuits After Virginia Tech Settlement &#171; JONATHAN TURLEY</title>
		<link>http://jonathanturley.org/2008/04/14/tort-reform-and-legal-mythologies-re-examining-limits-on-tort-actions-and-damage-awards/#comment-11191</link>
		<dc:creator><![CDATA[Virginia Considers Raising the Caps on Lawsuits After Virginia Tech Settlement &#171; JONATHAN TURLEY]]></dc:creator>
		<pubDate>Mon, 14 Apr 2008 15:25:24 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/?p=1551#comment-11191</guid>
		<description><![CDATA[[...]          &#171; Legal Redundancies: Fake &#8220;Hillbilly Teeth&#8221; Recalled as&#160;Defective Tort Reform and Legal Mythologies: Re-Examining Limits on Tort Actions and Damage&#160;Awards [...]]]></description>
		<content:encoded><![CDATA[<p>[...]          &laquo; Legal Redundancies: Fake &#8220;Hillbilly Teeth&#8221; Recalled as&nbsp;Defective Tort Reform and Legal Mythologies: Re-Examining Limits on Tort Actions and Damage&nbsp;Awards [...]</p>
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