What is the diff between compensatory and punitive damages. What are the types of compensatory damages and when are punitive damages awarded?
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Messages - Dicta
Actually I have a BA in English Literature from UT and MS in Journalism/Media Management from Virginia Commonwealth University.
It would seem to me that some of the near illiterate are doing quite well........
quote author=n2dlaw link=topic=859.msg7641#msg7641 date=1104386988]
All-in-all - it's almost laughable - you can't write a five-page memo?? I guess they don't have English 101 at Phoenix University. We probably need to start a fund to buy all of the cheese we can to go with the 'whine.'
Wrote a memo re does client have COA for lack of informed consent if a physician does not advise of ANY risks of a prescription drug which is deemed proximate cause of patient's death.
Argued yes, there is COA based on Tn medmal statute and some common law. There was conflicting Tn case law in that some courts addressed LOIC as battery, but most (especially Tn Sup Ct) addressed LOIC as sounding in negligence....
Anyway, now we have to write appellate brief to Tn Sup Ct. Client has lost at trial level and appellate level b/c court says LOIC for prescription drugs sounds in battery, not negligence.
Ok, the folks who get to argue to Tn Sup Ct for client have their case made out for them.
How do I argue for the physician when I know (and Tort's professor has made it clear) that in TN LOIC sounds in negligence......opinions?
Am I missing something really obvious here on how to present this (losing) argument? I know it is supposed to be about the writing and not the law, but this just rubs me the wrong way....