Club Penguin is holding a vote on their blog now: http://community.clubpenguin.com/blog/

We will be able to decide between 3 styles of glasses which one we like best. Go cast your vote now!

The winning pair of glasses will be in Mission 11! So far all the missions have been available to free and member penguins so let’s hope this continues! In the meantime everyone can vote so go and cast yours now!

If you are wondering how to access missions please check out my blog post on becoming a secret agent!
http://freepenguinatril.wordpress.com/2009/11/10/spy-phone-medals-and-mission-awards/

In non-nursing news on the NurseKenny front …

This morning I joined some of the other student government folks from our esteemed university, and we ventured up into North Philly (only a bit) to take part in a little service project for a group called Philabundance.  They act as a food distribution center for the needy in our city, whether they be homeless or the working poor.  Very cool outfit — I’d highly suggest volunteering for them if you’re looking to do some service work.

Anyway, we worked from about 9-12 or so, and our sole job was scooping cereal (Frosted Mini-Wheats, to be exact) into these little Ziploc bags.  Six of these bags, each weighing 1.5 lbs., were stickered with ingredient labels, stuffed into a cardboard box, and put on a pallet for distribution.  Apparently our group (8 of us from the university plus a dozen or so other folks) packed over 3,000 lbs. of food this morning.  Wooo!  Met some cool people (Yo to B, A2, and D … hey, incidentally, that spells “BAD!”) and hung out with some folks I already knew (Yo to L2, A, K3, and M2 … I need to start a legend with people’s abbreviated BlogNames — can’t keep anyone straight anymore).  Some highlights from this morning:

• We decided that some people were getting gipped, because some of the bags contained 0.05 lbs. of actual cereal, and about 1.45 lbs. of Frosted Mini-Wheat Dust Powder (which we assumed is easily inhaled into the bronchial passages … nursing nerds).
• The Dust Powder reminded us of that stuff you put in the bottom of your guinea pig cage.
• And now I’ve effectively ensured that no one will ever again eat Frosted Mini-Wheats.

And later in the day … Tonight L and I went over to a local comedy club in the city — we’ve been fans for a long time of the headlining act … a fella by the name of Gary Gulman.  Saw him in Atlantic City a few years back and fractured 3 ribs laughing all night.  We decided tonight would be our 2nd time seeing him.

My favorite line of his, ever ever?  When he’s talking about cookies, in a bit called “The Hierarchy of Cookies,” and says:

Dear sugar cookie … let me tell you a little something … every cookie … is a sugar cookie.  A cookie without sugar … is a cracker.

Pure comedy gold, I say, pure gold.

Anyway, back to our story.  We didn’t have tickets, and I (foolishly) thought we could get them easily at the box office the night of.  Mistake #1.  Sold out completely.  But these sweet, sweet people we met had 2 extra tickets they were willing to sell to us for the low price of face value.  So of course we took ‘em up on that delicious offering.  We were seated at stage left, right at the front of the stage.

1. First comedian:  very funny, understated, cerebral humor.  Grade:  A-.
2. Second comedian:  not very funny, in-your-face comedy.  Grade:  C+.  (I’m a very harsh critic with astronomical expectations.)
3. Third comedian:  very funny, hilarious even.  Gary Gulman.  Grade:  A-.

However.

Seated directly behind us were 5 of Philly’s finest citizens.  And by finest, I mean undeniably obnoxious.  A sampling of what L and I heard all night:

COMEDIAN:  “Funny funny funny blah blah hilarious joke that’s funny blah blah.”

OBNOXIOUS PERSON #1:  “Oh my gawd that’s so funny!”

COMEDIAN:  “Funny funny joke about football funny blah blah.”

OBNOXIOUS PERSON #2:  “Oh he’s so right, they would have totally lost the game!”

COMEDIAN:  “Funny joke ha ha ho hum funny joke about having kids.”

OBNOXIOUS PERSON #3:  “Hey, honey, did you e-mail Kristen and tell her we’ll be late tomorrow?”

And on and on it went all night long.  I tried reaaalllllllly hard to ignore them and concentrate on enjoying the show, but I’m the kind of person who just can’t let that kind of thing go unnoticed.  I wish I were, but I’m just not.  So of course it bothered me all night and potentially ruined an otherwise fun evening.

The last straw was when we heard this wonderful group making all sorts of grunting and snuffling noises, and L leaned over and whispered in my ear, “Umm, Ken, I think they’re doing cocaine.”  And that’s when I decided I would definitely not be saying anything to ask them to pipe down.  I just imagined myself in the backseat of a police cruiser somewhere.  Or ambulance.  I dunno.

Fantastic.  Stay classy, Philadelphia.  As my mom’s friend always says, “Well, that’s life in the big city.”

Amongst his many talents, Gary has developed this very impressive style of peeling a clementine. I thought it would be fun to do a poll since we have not had one here in awhile. A little audience participation is always nice. No need to comment, unless you feel compelled, but please do cast your vote below.

Haven’t had enough of me yet? You can also read me at 50-Something Moms Blog. For photo enthusiasts, visit Leaving the zip code, photos from outside the comfort zone.

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Reverend Bob Levy Spelling Game. Bob Levy can’t spell. Game is simple. A caller guesses if Bob can spell the word or if Bob can’t spell the world. The only problem, Sal “The Stockbroker” Governale is in charge of the game and words. However, Sal gets the spelling of the words from Google. Then Sal starts to argue with BabaBooey. Hilarious radio! Order Sirius-XM and get the Howard Stern Show!

Part 1

Part 2

Part 3

The past fortnight has found me in a suitably strange little place. Uncharacteristically, I have on the one hand felt very laid-back, comfortable in the knowledge that I’m well on schedule with all my projects (even taking into account the unexpected stay in hospital and its aftermath) and quite content to “potter” with bits and pieces of editorial work. On the other hand, however, I’ve started to feel that old, familiar twitchiness — the restless need to get back to my writing.

Briefly, a few days ago, I managed to convince myself that, you know, Christmas is almost upon us and, frankly, well, returning to As Morning Shows the Day (my half-finished work in progress) this side of New Year would be pretty silly, wouldn’t it?

And maybe it would… I don’t know… but, the way things are going, I’ll probably be writing again during December. Just can’t help myself, guvna.

Getting my final draft of Children of the Resolution off to Legend last week kind of underscored my need to return to my work. Still not completely back to full health but needing something to do, I’d worked through the manuscript steadily and methodically, falling back into that other world I had in part created. The autobiographical aspect of Children resonated even more, given my recent illness (you’ll see what I mean when you read it), and even as I found it cautionary I yearned to get back to shaping my characters and fictional vistas. And so, once this project was delivered, I returned to As Morning Shows the Day — merely reading through it at this stage, listening to the voice, refamiliarising myself with it.

Yes, I still occasionally manage to convince myself that this is merely my way of preparing for starting back on it in January… but I’m fooling no one, least of all myself.

In other news, the electronic version (for Kindle, Sony Reader etc) of If I Never is now available here. Pretty excited about this. I’m not a huge fan of electronic books but I know a growing number of people are — and having seen the finished product, I’m beginning to understand why! Looks great… but don’t take my word for it, check it out for yourself! (Free readers are also available for PCs.)

A sample chapter of If I Never can be read here.

To buy your copy of If I Never, please click here.

© 2009 Gary William Murning

Lisa G claims that her breast size is a 30 double D. No one believes her, obviously. Just look at her photos. Anyhow, ladies pay attention. I want your bra’s to be comfortable. Ronnie “The Limo Driver” Mund enters the studio pissed off because he doesn’t believe her. His outrage is hilarious.  Order Sirius-XM and get the Howard Stern Show!

JD reveals that he has spent over $10,000 on web cam girls. His favorite web cam girl is Kissyfur from keen.com and his screen name is DaBa, short for Da BadAss. Hilarious stuff here. Order Sirius-XM and get the Howard Stern Show! Listen from Part 1 thru 5. Part 3 slows down a bit due to a Ralph Cirella phone call.

Part 1

Part 2

Part 3

Part 4

Part 5

Jason Kaplan reveals the worst one of the bunch. He reveals that he masturbates. I can’t stand his voice. Order Sirius-XM and get the Howard Stern Show!

Richard Christy explained that he has been physical with more women since his makeover than he’s let on and that the condom broke and she got pregnant. Richard went on to explain that, due to the girth of his penis, he’s broken condoms in the past, and that he now uses Magnums to prevent future problems. Order Sirius-XM and get the Howard Stern Show!

Join Sirius Satellite for Howard Stern All Day and Every Day! On January 16, 2006 Sal “The Stockbroker” Governale comes out with a shocking revelation. He pleasured himself watching relatives going to the bathroom. Sick bastard! For the detailed story, listen!

Join Sirius Satellite because your truly missing out on Greatness. In this clip Howard Stern discusses the size of his unit. He speaks with his mother on the air about it. Hilarious and how I got hooked as a Stern fan. His late 1980’s broadcasts when he went over to K-Rock were my heroin and crack. I was hooked.

Part One

Part Two

There are certain things that I can remember seeing  on television that blew my tiny mind. These include the return of The Ultimate Warrior at Wrestlemania VIII, seeing Michael Knight fly over a lorry in K.I.T.T., The Demon Headmaster. And in more recent years, Tony Soprano being shot and left for dead by his own uncle, Family Guy, the what if it actually happened scenario of nuclear explosions in Threads. Each of these moments made me realise that television can alter your outlook on things, and make you feel something powerful inside. Feelings of wonderement, joy, sadness, confusion, anger, hate and more.

The Execution Of Gary Glitter (Channel 4) made me feel a lot of those same emotions. I am aware that it was shown last monday, but I was gigging and forgot to Sky Plus. Silly boy. However, in a glorious decision by Channel 4 and YouTube, they have agreed to show full episodes and series of their most poplular output. You can watch the documentary here.

http://www.youtube.com/watch?v=AIdQfFmNYP4

Seeing as the show is not recent, and most of you have probably seen it, I won’t do an indepth review. All you need to know is it is set in an alternative Britain where the death penalty has been reintroduced. And the first victim of the Capital Crimes Against Children legislation is one Paul Francis Gadd. Writer, director and producer, Rob Coldstream has crafted a nice documentary. It deals with both the public’s and Glitter’s reaction to the reintroduction of the law.

Glitter is played very convincingly by Hilton McRae. Almost eerily so. And he plays him as a creepy, self-deluded, unaware of able to see any wrong in what he has done character. A paedophile. The last ten minutes is possibly the best, dealing with Glitter pacing up and down the cell awaiting that long final walk.

I won’t say I enjoyed it. It’s hard to enjoy a show that deals with the mock execution of a man. However, it did, like those memories mentioned above, cunjure up strong feelings. Feelings of anger and hate. And for that, this television show did well.

Ok, at the halftime show today, Tim Brando made a stupid ass comment about Alabama playing a football subdivision team this late in the season.  It was a snide comment that really had no place on CBS Sports since they are a Premier Partner with the SEC.

While Alabama played UT Chattanooga today, Florida played FIU.  Yes, FIU is Championship Subdivision, but still, really?   You’re gonna make fun of Alabama after Florida played FIU.  Come on.   Ass hole

Ok, apparently someone has been talking to Gary and Verne because they mentioned on air something to the effect of having to watch what they say because they were being talked about.  Well yeah, you are being talked about dumbasses.

I think some of my favorite lines from today:

Gary: They’re going to go for two.

Verne: Why are they going for two?

Gary: To tie the game.

Really Verne?  Are you sure you even have an idea how this game is played.  Morons

Then there was the obligatory “George Jefferson” reference to LSU Quarterback??? Jordan Jefferson.

And I know CBS broadcasts the game in HD but can he get some fucking HD monitors in their booth so they can see what the fuck is happening on the field?  Same goes for the replay people.  Give them fucking HD monitors so they can see what we see at home.  Jeebus.

Oh and speaking of the refs.  Really, diving into the end zone is unsportsmanlike conduct?   Some one really should do something about the refs in the SEC.  Every week there is something else they do that is stupid.  It’s getting to the point that the refs are harming the credibility of the SEC.

Now, Gary and Verne were not near as bad as the next moron.  Les “The Hat” Miles officially became the second dumbest coach to walk the sidelines of a major college program today with that colossal time management fuck up.

After Quarterback??? Jordan Jefferson get’s sacked on rd and 11.  Les and his Mighty Corndogs let 16 seconds run off the game clock before the next play.  On a fourth down play, LSU quarterback??? Jordan Jefferson threw to Terrance Toliver for a 43-yard gain. That put the ball on the Ole Miss 5 with one second left.  ”The Hat” couldn’t get his field goal team on the field.  So they tried to snap the ball.  Of course time ran out before the ball was even snapped.  And Les and The Mighty Corndogs fell to the swampish earth they inhabit.   Ever since he made his debut, “The Hat” has always stirred controversy and up until this year, would go back and forth with Tommy Tubberville on which coach deserved the title “The Riverboat Gambler.”

The whole point of being a good coach is to COACH your team to not get into a situation like this.  Maybe Les spent too much time on the phone with Michigan this week checking out U-haul rates, and whether or not a Michigan “Hat” would be part of the contract.  Either way, it was a fucked up ending to a fucked up game.  Sometimes after watching these things, I wish I could get the 4 hours of my life back.

Anyway, I hate LSU.  Think the corn dog moniker is correct and frankly was happy that they got their asses handed to them in such a deflating way.  And hoping against hope that Vandy can pull a miracle show Lame Kitten they have some street cred.  ”Don’t mess with the 615  WOOT.”  That would make my weekend complete.  Oh yeah and if Auburn could lose, i’d be in hog heaven.   Too bad they have an off week.  Apparently there is a party at the Lexington Hotel in Aubrin tonight and the team is gonna show everyone what a “Beat Down” really looks like.   Apparently Nukese and the Prius are the special guests.

So this week, Gary and Verne and CBS Sports, you did not win the Idiot award this week.  You tried hard.  Gave it a valiant effort, but alas, the idiocy of Les “The Hat” Miles and The Mighty Corndogs won hands down this week.  Oh yeah and did anyone else notice the kinda creepy arsm stretched out on either side of her while he was talking “Hat Talk.”  Almost like he was looking for a hug.    He’s gonna need more than a hug from Tracy Wolfson to make this nightmare go away.  HA

This is a quiz. Which makes a man happier, a power washer or a leaf blower?

I suppose that is a trick question. (Don’t know why but I love this piece of clip art – maybe it is his stance with the hose between his legs, just makes me laugh)

Show of hands ladies, do any of you care to use one of the items… EVER?

Yeh, thought not. In fact the other day on twitter I heard a woman say, “leaf blowers are the soundtrack of hell”. Made me laugh. I personally think nightclub techno-pop music is the soundtrack of my nightmares so I appreciated her aversion to white noise.

Something about a guy and a hose of any kind (air or water) that just makes sense from a Mars and Venus point of view.

He was muddy when he was done, but damn was Gary happy this afternoon. Raquet in the AM, power washing in the afternoon. Doesn’t get much better than this.

Life is good.

Haven’t had enough of me yet? You can also read me at 50-Something Moms Blog. For photo enthusiasts, visit Leaving the zip code, photos from outside the comfort zone.

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Life is Savage may just have a new hero in the pipeline (gonna be tough knocking Squishy off  his throne though) and whats more he’s a local boykie.

Gary, the Toothfairy has been on our radar for a while now and his new Christmas ad for MNET has just been released.

Don’t know who Gary the ToothFairy is….let me school you quick

“Bevan Cullinan is one of the most left field comedians working in SA at the moment. Originally trained as a physical clown at Rhodes University, he has been wowing stand-up audiences ever since. Not only a successful TV commercial director, his edgy view on the world and amazing physical comedic ability (plus hair that looks like a recently sodomized badger) has had people laughing at every major comedy event in the country, including various Oppikoppi, 5FM comedy jams, Kingsize comedy jams, Laugh out Loud and various Smirnoff International Comedy Festivals. Cullinan has now adopted the role of Gary, the Tooth Fairy for Mnet.”

“Hair like a recently sodomised badger” is so beautiful i want to adopt him.

Anyway ..here’s the new Christmas ad..just click the image because its a link (didn’t wanna steal his thunder) to Gary, The ToothFairy facebook fanpage where you’ll find the video on the left hand side…

While you there become a fan hey..he’s a legend.

Good times.

What if Michael Jackson talked like a manly man? Howard & Artie ponder this while Robin talks about the rise of STDs.  On the Howard Stern Show November 16, 2009

MAS É CLARO QUE FOI!

Bom, é meio triste dizer que infelizmente o CP & Mutoh não será mais atualizado… =(

Não fique triste, o blog estará sempre para consultas, já que existe muitas coisas para se ler e aprender sobre o Club Penguin.

Aproveite este último post para poder comentar o que você achou do Club Penguin & Mutoh enquanto ele estava sendo atualizado! Qual foi seu postador preferido? Se nem sabe quem são os postadores não custa nada dar uma visitinha em “O Blog“, que é claro, tem tudo sobre o nosso blog, desde que ele foi lançado pela primeira vez (e fechado também) até o momento em que ele foi re-inaugurado e algumas curiosidades sobre os postadores!

Agora é claro, temos sempre um motivo para dar tal notícia, bom, começando com a nossa quase postadora Maju40, que se não me engano não fez muitos posts… não passou de 4 pelas minhas contas. O Mutoh, grande fundador, no qual o blog recebeu o nome apenas posta as perguntas semanais, coisa que não faz a varias semanas… E agora eu, Bv2t, que sempre que posso estou aqui para postar as novidades pra vocês, mas sempre que posso não é o suficiente, vocês merecem um blog que poste tudo na hora pra vocês!

Com certeza não vou parar de jogar Club Penguin, é um jogo que eu adoro muito, muito embora dão muita atenção aos assinantes, mais atenção do que deveriam… mas mesmo assim é um jogo fantástico!

Mas não pensem vocês que vou deixa-los na mão justo agora quando estamos a beira do Desafio Ninja – Fogo e de todas as novidades maravilhosas que o inverno do Club Penguin traz (isso inclui o Natal!). Fiz uma grande pesquisa, mesmo, para ver qual era o melhor blog de Club Penguin (depois do nosso é claro, hehehehe) e o escolhido foi o CP Novidades Team, esse blog esta sempre sendo atualizado e com muuuuitas novidades, mesmo! Adorei o blog e acho que se eles continuarem assim, o blog vai pra frente, aqui o link:

CP Novidades Team

Não… se você ficou com preguiça de ler tudo o que escrevi lá em cima fique sabendo que não estamos nos juntando com o CP Novidades Team, vale a pena (ou não) ler para descobrir.

Nossa… como é difícil me despedir de vocês… gosto muito de postar mas estou ficando muito sem tempo, o final do ano esta chegando e tenho muitas provas, trabalhos para entregar e fazer… é a vida… corrida com o passar dos anos! Mas não fique triste… tudo na vida passa… só Bom Bril fica!

Foi bom enquanto durou? MAS É CLARO QUE FOI!

CLUB PENGUIN

& MUTOH ™

O CLUB PENGUIN COMO VOCÊ NUNCA VIU!

É claro que eu SEMPRE vou ver vocês na ilha, brincando e se divertindo como sempre!!!!!!! Um abraço gelado!!! Bv2t!!!!

- ATENÇÃO ESTE BLOG NÃO SERÁ MAIS ATUALIZADO -

Emma Cook returns to TOPSHOP for another successful collaboration with the high street brand. This time round Emma has emblazoned jumper dresses and sweaters and cardigans with the average ‘name’ – whether that be Janet or Louise or maybe Geoff or Gerrard. However, I’m quite enjoying the Claire and Grace names being sat next to eachother on the below cardigan… (I miss that!)

Cx

Emma Cook for Topshop, £70

Emma Cook for Topshop, £65

Emma Cook for Topshop, £50

Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. Under common law, a dead person cannot bring a suit, and this created a legal hole in which activities that resulted in a person’s injury would result in civil sanction but activities that resulted in a person’s death would not.

The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. In Australia and the United Kingdom, it is ‘on the balance of probabilities’. For this reason it is often easier for a family to seek retribution against someone who kills a family member through tort than a criminal prosecution. However, the two actions are not mutually exclusive; a person may be prosecuted criminally for causing a person’s death (whether in the form of murder, manslaughter, criminally negligent homicide, or some other theory) and that person can also be sued civilly in a wrongful death action (as in the O.J. Simpson cases). Wrongful death is also the only recourse available when a company, not an individual, causes the death of a person; for example, historically, families have tried (both successfully and unsuccessfully) to sue tobacco companies for wrongful deaths of their customers.

In most common law jurisdictions, there was no common law right to recover civil damages for the wrongful death of a person. Some jurisdictions have recognized a common law right of recovery for wrongful death, reasoning that “there is no present public policy against allowing recovery for wrongful death.” Jurisdictions that recognize the common law right to recovery for wrongful death have used the right to fill in gaps in statutes or to apply common law principles to decisions. Many jurisdictions enacted statutes to create a right to such recovery. The issue of liability will be determined by the tort law of a given state.

The party

The plaintiff is or was the patient, or a legally designated party acting on behalf of the patient, or – in the case of a wrongful-death suit – the executor or administrator of a deceased patient’s estate.

The defendant is the health care provider. Although a ‘health care provider’ usually refers to a physician, the term includes any medical care provider, including dentists, nurses, and therapists. As illustrated in Columbia Medical Center of Las Colinas v Bush, 122 S.W. 3d 835 (Tex. 2003), “following orders” may not protect nurses and other non-physicians from liability when committing negligent acts. Relying on vicarious liability or direct corporate negligence, claims may also be brought against hospitals, clinics, managed care organizations or medical corporations for the mistakes of their employees.

A plaintiff must establish all four elements of the tort of negligence for a successful medical malpractice claim.

1. A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
2. A duty was breached: the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors (the doctrine of res ipsa loquitur or the thing speaks for itself).
3. The breach caused an injury: The breach of duty was a proximate cause of the injury.
4. Damages: Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damages can occur without negligence, for example, when someone dies from a fatal disease.

Like all other tort cases, the plaintiff or their attorney files a lawsuit in a court with appropriate jurisdiction. Between the filing of suit and the trial, the parties are required to share information through discovery. Such information includes interrogatories, requests for documents and depositions. If both parties agree, the case may be settled pre-trial on negotiated terms. If the parties cannot agree, the case will proceed to trial.

The plaintiff has the burden of proof to prove all the elements by a preponderance (51%) of evidence. At trial, both parties will usually present experts to testify as to the standard of care required, and other technical issues. The fact-finder (judge or jury) must then weigh all the evidence and determine which side is the most credible.

The fact-finder will render a verdict for the prevailing party. If the plaintiff prevails, the fact-finder will assess damages within the parameters of the judge’s instructions. The verdict is then reduced to the judgment of the court. The losing party may move for a new trial. In a few jurisdictions, a plaintiff who is dissatisfied by a small judgment may move for additur. In most jurisdictions, a defendant who is dissatisfied with a large judgment may move for remittitur. Either side may take an appeal from the judgment.

Expert witnesses must be qualified by the Court, based on the prospective experts qualifications and the standards set from legal precedent. To be qualified as an expert in a medical malpractice case, a person must have a sufficient knowledge, education, training, or experience regarding the specific issue before the court to qualify the expert to give a reliable opinion on a relevant issue. The qualifications of the expert are not the deciding factors as to whether the individual will be qualified, although they are certainly important considerations. Expert testimony is not qualified “just because somebody with a diploma says it is so” (United States v. Ingham, 42 M.J. 218, 226 [A.C.M.R. 1995]). In addition to appropriate qualifications of the expert, the proposed testimony must meet certain criteria for reliability. In the United States, two models for evaluating the proposed testimony are used:

The more common (and some believe more reliable) approach used by all federal courts and most state courts is the ‘gatekeeper’ model, which is a test formulated from the US Supreme Court cases Daubert v. Merrell Dow Pharmaceuticals (509 U.S. 579 [1993]), General Electric Co. v. Joiner (522 U.S. 136 [1997]), and Kumho Tire Co. v. Carmichael (526 U.S. 137 [1999]. Before the trial, a Daubert hearing will take place before the judge (without the jury). The trial court judge must consider evidence presented to determine whether an expert’s “testimony rests on a reliable foundation and is relevant to the task at hand.” (Daubert, 509 U.S. at 597). The Daubert hearing considers 4 questions about the testimony the prospective expert proposes:

* Whether a “theory or technique . . . can be (and has been) tested”
* Whether it “has been subjected to peer review and publication”.
* Whether, in respect to a particular technique, there is a high “known or potential rate of error”
* Whether there are “standards controlling the technique’s operation”.

Some state courts still use the Frye test that relies on scientific consensus to assess the admissibility of novel scientific evidence. Daubert expressly rejected the earlier federal rule’s incorporation of the Frye test. (Daubert, 509 U.S. at 593-594) Expert testimony that would have passed the Frye test is now excluded under the more stringent requirements of Federal Rules of Evidence as construed by Daubert.

In view of Daubert and Kuhmo, the pre trial preparation of expert witnesses is critical. A problem with Daubert is that the presiding judge may admit testimony which derives from highly contested data. The judge may expand the limits contained in the “school of thought” precedent. Papers that are self-published may be admitted as the basis for expert testimony. Non-peer reviewed journals may also be admitted in similar fashion. The only criterion is the opinion of a single judge who, in all likelihood, has no relevant scientific or medical training.

Many states also require that a certificate of merit before a malpractice lawsuit is filed which requires a report from a medical doctor that the doctor accused of negligence breached the standard of care and caused injury to the Plaintiff.

The plaintiff’s damages may include compensatory and punitive damages. Compensatory damages are both economic and non-economic. Economic damages include financial losses such as lost wages (sometimes called lost earning capacity), medical expenses and life care expenses. These damages may be assessed for past and future losses. Non-economic damages are assessed for the injury itself: physical and psychological harm, such as loss of vision, loss of a limb or organ, the reduced enjoyment of life due to a disability or loss of a loved one, severe pain and emotional distress. Punitive damages are only awarded in the event of wanton and reckless conduct.

In one particular circumstance, physicians, particularly psychiatrists are held to a different standard than other defendants in a tort claim. Suicide is legally viewed as an act which terminates a chain of causality. Although the defendant may be held negligent for another’s suicide, he /she is not responsible for damages which occur after the act. An exception is made for physicians. Although there exists no protocol or algorithm for predicting suicidality with any level of certainty, courts throughout the United States have found physicians to be negligent. Furthermore, damages are routinely assessed based on losses which would hypothetically accrue after the act of suicide.

Now seems about the right time to take a step back, to take a long, broad look across the political landscape and take stock of where our nation is now, and where it may be headed in 2010.  “Change.” The victorious mantra of the 2008 elections.  The greatest economic crisis in over seven decades has indeed forced change in the lives of almost all Americans.  The economic woodshed has been very painful for very many.  And now, as the professional political tea leaf readers attempt to attach meaning to the last year in politics, there’s an-all-too-common-today temptation and tendency to couch it in overly simplistic terms.  But things in politics, as in life, aren’t always what they first seem on the surface.

Obama has enamored many, enraged many, and become the focal point for political upheaval that can only partially be linked to his own presidency.  Oh, sure, it’s easy for many to pick sides.  The partisan labels and political name calling have become so habitual in the past decade or two that taking shots at the other side has become easier for many than picking their favorite ice cream.  It’s become so ingrained, in fact, that political analysts themselves can slip into a too-easy analysis of Washington and the nation circa 2009.  Too easy, and too surface, indeed.

For now, in this time, the American public is restless and uneasy down deep – below partisan allegiances, below candidate loyalties, below voting habits.  They are concerned and frustrated and angry not simply or even fundamentally with those playing roles in some of the key structures of our society – the worlds of government, global finance, corporate operations, even education, and perhaps more – but with the structures themselves.  Trust has been broken, and it is proving tough to rebuild.  To do so will require far less responsibility-dodging and partisan backstabbing and far more problem solving for the common good.  Below the surface, this is profoundly evident.  Our people – and those of other nations struggling with similar substantial challenges — desperately want to believe that the folks in charge both know what they’re doing and are doing it for the benefit of all… but they currently believe neither.  Poll after poll demonstrates deep disenchantment with Washington, Wall Street, transnational public and private sector organizational structures, and most importantly the basic way “things seem to work out for those guys but not the rest of us.”  The very core of American commonality – that we’re all in this together – is being sorely and deeply tested in the hearts and minds of our people.

Today, as has occurred periodically in American history, the people are looking for some transformational ideas with universal merit, and some ones with honesty and integrity, in which to put their trust.  Knowing perfection is not possible, they look not for the perfect.  They look for the genuine, the credible, the resonating truth that sits well with their innermost conscience, that squares with who they’ve always hoped they, their children, and their nation could be and become.  It is a call, perhaps even a cry, for real, servant-hearted, courageous, and yes, even humble leadership rarely seen by most in our day as they scan the societal horizon. The founding fathers often appealed to Divine Providence for this kind of vision, this kind of leadership, this kind of national stewardship.  In our day, the people of our nation are again collectively deeply unsettled, uncharacteristically afraid of what tomorrow may bring, and quietly hoping, perhaps even praying, for this providential provision of institutions, and leaders, they can again believe in.  Below the simplistic surface, they hope for what they know should be, still believe may be possible, and deeply pray will come. Leadership, and institutions, they can trust.