I tried to wiggle one ear up and one ear down
while squinting into the morning sunlight
I had a spliff burning
and I really had not understood buddy at all
in his explanation
of "God"
It was a bit too much of a meaningless ramble
repeating things other people had told him
I had listened well
I heard every word
but there is this spiritual path called Zen
and I studied it long ago
for a bit
and in that austere simple struggle
you learn that words can be strung together
that seem to make sense
but yet within the structure of the paragraph logic
complete contradictions can be formed
because words are just a tool of thought
they are not thought themselves
Yet I had listened to the young man for at least five minutes
and listened well
but he was really just babbling
numbers and infinity and bullshit
too much shitty drugs
not enough reading
"god is the Wizard's machine" I said.
He looked blank.
"Dorothy. The wizard. Off to see the wizard."
He still looked blank.
"Wizard of OZ"
"Oh I heard of that, never seen it
its like old stuff or something..."
"Yeah. Exactly."
This
was going to be a bit more difficult since he was unfamiliar with the
particular cultural reference I was using to illustrate the metaphor.
But I had to try, regardless of his inability to grasp it without prompting.
I needed to practice my delivery for the next person anyway.
"So.
Dorothy, the Tin Man, the Scarecrow, and the Lion go off to find the Wizard.
They are off to find God.
They
are on their Journey to find God, because everyone knows that god can
do anything and each of them has a personal thing that they think God
can help them with, to go home, get a brain, get courage, get a
heart...etc.
Right?"
"Yeah, yeah, man, yeah and theirs the monkeys and shit eh and the witch"
"Yup.
Lotsa fucking monkeys." The insinuation went right over his head like a
Boeing. I didn't elaborate on the monkeys. This guy would have trouble
focusing on a full wrestling match.
"So.
They travel across the landscape doing this and that and all this shit happens and they finally find the Wizard.
And
they walk inside, and there is the big huge face on the wall spouting
smoke, and the big booming reverberating echo-voice of GOD/the Wizard
booms out at them and they tremble and shake and the colored lights
flash and the smoke billows and the thunder roars...
until Toto
pulls apart the curtain on the little booth and we see the old man
operating the great Machine, fiddling and turning the dials to make the
God machine go."
He's looking sooooo blank but trying at this point.
He realizes he's failing a comprehension test of some kind, its showing
in his eyes.
"So.
They come all this way to find something,
they go to the big Temple to find God/the Wizard. They are met by the
Priest. The old man. The caretaker of the Temple.
The Priest operates the God machine,
he
understands ethereal projection, telepathy, archetypal personal
transformation, shapeshifting, energy pattern manipulation, kundalini,
meditation, along with stagecraft, ritual practice, and the psychology
of spectacles and illusions, and he/she pushes those levers to make the
God Machine Show that gets everybody quaking with fear so he can live
nice and quietly in his big temple with minimal fearful intrusions.
Everyone
around fears the Temple and the God Machine but everyone is trained
that they have to go there to get what they think they need"
He wasn't getting it so I gave up.
Total blank.
At least Homer could understand Cheebuz.
Not this kid.
"Ok.
The
truth of it is after everything in their adventures, when they find
god, and realize he's just a wise old man with some people skillz, they
actually do complete their quest.
They each find the thing they were looking for
inside of them, with them
they already had it
they
needed the Journey to the old priest to find God, in order to find that
God is a projection of the old priests, and really they just needed to
go to an old wise man in the first place to get some advice on how to
find what they already had."
I relit my spliff
because it had gone out
I don't think he was able to hold the nuances of that one.
I need to sharpen the story a bit for the younger generation
find a different
cultural reference
Thursday, July 17, 2014
Friday, June 06, 2014
Informed Consent
I am studying Law
and I will write in this article about the current state and case law regarding informed consent.
The conservatives don't care about the fact that it is law.
This will take a couple of weeks. (WIP)
I'm sort of using it as a notepad, then I'm planning to rearrange it when I have all the quotes in one place.
I will attempt to link to every piece of case law listed or mentioned or even append certain sections to this document.
I believe this is a good use for a blog, you get to see my "thought processes" as I build my Statements of Claim and my Pleadings and try to find the $500 or so per case to begin things...
this is an interesting read as well:
THE LAW IN NAZI GERMANY Ideology, Opportunism, and the Perversion of Justice
---------------------
Informed Consent is part of Negligence law:Thanks are due to Patricia Peppin and Phillip Osbourne for their introductions to Informed Consent and Tort Law.
...as many as 7.5% ...treated in Canadian hospitals experience an "adverse result" - an unintended injury or complication that is caused by health care management rather than by disease that leads to death, disability, or prolonged hospital stays...40% were highly preventable...9,250-23,750 deaths could have been prevented in 2000. - G.Ross Baker "Canadian Preventable Deaths Study"
Breach of fiduciary duty may found an equitable claim against a physician ...this may arise not only when the physician acts unconsciously or takes advantage of a patient,such as succumbing to a conflict of interest, but also when disregarding the patients interests - Norberg v. Wynrib,[1992] S.C.J. No. 60, 92 D.L.R. (4th) 449 S.C.C.
Malpractice liability may also arise for false arrest and imprisonment, such as through negligent or otherwise improper employment of powers of involutary detention under mental health legislation - Mullins v. Levy, [2005] B.C.J. No. 1878, 258 D.L.R (4th) 460 (B.C.S.C)
Elements of Negligence
1. The defendent owed the plaintiff a legal Duty of Care
2. The defendent breached that duty of care
3. The plaintiff suffered legally recognized damage
4. The damage was caused by the defendent's breach of that duty of care
If physicians discriminate against...(prospective patients)...on grounds of race, age, or other prohibited grounds they may violate provincial human rights laws... - Korn v. Potter, [1996] B.C.J. No. 692, 134 D.L.R. (4th) 437 (B.C.S.C)
physicians may have a duty of care not to treat their patients but promptly to refer them to colleagues whose skills are more suited to the patients needs - Jaglowski v. Kreml, [2002] M.J. No. 334, 167 Man R. (2nd) 71 (Man. Q.B)
The duty to refer also applies regarding procedures in which physicians conscientiously object to participate. Failure of adequately informed consent can be actionable in negligence,, and may be found if a practitioner refuses or fails to disclose a legitimate choice of patient care because of the practitioner's conscientious objection to participation in that choice - Zimmer v. Ringrose, [1981] A.J. No. 596, 124 D.L.R. 93rd) 215 (Alta C.A.) - CMA, Code of Ethics (Ottowa: CMA, 2004), ss 12, 19 - Reibl v. Hughes [1980] S.C.J. No.105, 114 D.L.R. (3rd) 1 (S.S.C.)
As private corporations, hospitals...bear both direct corporate and often vicarious liability for the medical and other care they accomodate and facilitate - Picard and G. Robertson, "Legal liability of doctors and hospitals in Canada", 4th ed.
Limitations acts require plaintiffs to initiate complaints within a given time from when they actually knew that they have a cause of action. Limitation periods may be suspended during a patients disability. Action may therefore be initiated some time after the procedure complained of was performed - Patterson v. Anderson, [2004] O.J. No. 3619, 72 O.R. (3rd) 330 (Ont. S.C.J) - E. (D.) (Guardian ad litem of) v. British Columbia, [2005] B.C.J. No. 492, 252 D.L.R. (4th) 689 (B.C.C.A) - ter Neuzen v. Korn, [1995] S.C.J. No. 79, 127 D.L.R. (4th) 577 at 589 (S.C.C.)
The doctrine of informed consent has developed in the Law as the primary means of protecting a patient's right to control his or her medical treatment...informed consent is plainly intended to ensure the freedom of the individual to make choices concerning their medical care. For this freedom to be meaningful, people must have the right to make choices that accord with their own values, regardless of how unwise or foolish those choices may appear to others. - Malette v. Schulman [1990] O.J. No. 450, 72 O.R. (2nd)417 at 423-24 (Ont. C.A.)
Participation in decision making provides the opportunity to excercise choice according to ones own values and beliefs rather than recieving treatment through paternalistic imposition of another's treatment decisions. - P. Peppin
The doctrine of informed consent was developed as a judicial attempt to redress the inequality of information that characterizes a doctor patient relationship. - [1995] S.C.J. No. 104, [1995] 4 S.C.R. 634(S.C.C.)
(the tort of)Battery continues to be the appropriate action in situations where there is no consent at all or where the act exceeds the consent. - John G. Fleming on Reible v. Hughes, "The Law of Torts" - Reible v. Hughes, [1980] S.C.J. No. 105, [1980] 2 S.C.R. 80(S.C.C.)
Wrongful Sterilization see Leilani Muir, Muir v. Alberta, [1996] A.J. No. 37(Alta, Q.B)
...it is the patient's decision and the doctor must equip the patient with the necessary information to make an informed choice...where more than one medically reasonable treatment existsand the risk/benefit analysis engaged by the alternatives involves different considerations, a reasonable person would want to know about(those)alternatives and would want the assistance of the doctor's risk/benefit analysis of the various possible treatments before deciding whether to proceed with a specific treatment. - Van Dyke v. Grey Bruce Reg. Centre [2005] O.J. No. 2219(Ont. C.A.) leave to appeal refused [2005] S.C.C.A No. 335(S.C.C)
"Physicians rights to refuse to participate in medical procedures that offend their conscience may be incompatible with patients rights to recieve lawful medically indicated treatment" - Rebeccca Cook and Gerard M. Dickens "The Growing Abuse of Conscientious Objection"
The concept of therapeutic privilege was recognized by the Supreme Court in Reibl. It permits a physician to withhold or generalize information relating to the risks of treatment where its disclosure may cause psychological harm to the patient.The privelege has recieved a narrow interpretation and there is no Canadian case in which it has been successfully applied.(as a legal defense to negligence) - P.H. Osbourne, "The Law of Torts, Essentials of Canadian Law"
The duty to inform patients has been described with reference solely to physicians...the duty, however, rests on all health care professionals within their area of expertise or practice.- P.H. Osbourne, "The Law of Torts, Essentials of Canadian Law"
Deceit is (a tort action) established whenever a person has made a fraudulent statement that intentionally causes another person to rely on it to their detriment. - Pasly v. Freeman (1789), 3 term. Rep. 51, 100 E.R. 450(k.b.)
Three elements must be established in order to establish tortious assault: first, the plaintiff apprehended immediate physical contact, second, the plaintiff had reasonable apprehension (the requisite state of mind) and third, the defendant's act of interference was intentional (the defendant intended the resulting apprehension). But intent for purposes of civil assault can be either general or specific. Specific intent means that when the defendant acted, he or she intended to cause apprehension of a harmful or unwanted contact. General intent means that the defendant knew with substantial certainty that the action would put someone in apprehension of a harmful or unwanted contact. While the law varies by jurisdiction, contact is often defined as harmful if it objectively intends to injure, disfigure, impair, or cause pain.The act is deemed offensive if it would offend a reasonable person’s sense of personal dignity. While imminence is judged objectively and varies widely on the facts, it generally suggests there is little to no opportunity for intervening acts.Lastly, the state of apprehension should be differentiated from the general state of fear, as apprehension requires only that the person be aware of the imminence of the harmful or offensive act. - wikipedia
Abuse of process is a cause of action in tort arising from one party making a malicious and deliberate misuse or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action. It is a common law intentional tort. It is to be distinguished from malicious prosecution, another type of tort that involves misuse of the public right of access to the courts. The elements of a valid cause of action for abuse of process in most common law jurisdictions are as follows: (1) the existence of an ulterior purpose or motive underlying the use of process, and (2) some act in the use of the legal process not proper in the regular prosecution of the proceedings.[1] Abuse of process can be distinguished from malicious prosecution, in that abuse of process typically does not require proof of malice, lack of probable cause in procuring issuance of the process, or a termination favorable to the plaintiff, all of which are essential to a claim of malicious prosecution.[2] "Process," as used in this context, includes not only the "service of process," i.e. an official summons or other notice issued from a court, but means any method used to acquire jurisdiction over a person or specific property that is issued under the official seal of a court.[3] Typically, the person who abuses process is interested only in accomplishing some improper purpose that is collateral to the proper object of the process and that offends justice, such as an unjustified arrest or an unfounded criminal prosecution. Subpoenas to testify, attachments of property, executions on property, garnishments, and other provisional remedies are among the types of "process" considered to be capable of abuse. - wikipedia
A tort consists of a wrongful acts or injury that leads to physical, emotional, or financial damage to a person in which another person could be held legally responsible.[1] The two main subcategories of tort law are intentional torts and unintentional torts...The main difference between intentional torts and unintentional torts is intent. An intentional tort is when a person intends to achieve a particular outcome that results in injury to people or damage to property, whereas an unintentional tort such as negligence, occurs when there has been a lack of duty of care or foreseeability that results in injury to people or damage to property. - wikipedia
Intentional infliction of emotional distress (IIED) is a tort claim...intentional conduct that results in extreme emotional distress...created in tort law to address a problem that would arise when applying the common law form of assault. The common law tort of assault did not allow for liability when a threat of battery was not imminent. A common case would be a future threat of harm that would not constitute common law assault, but would nevertheless cause emotional harm to the recipient. IIED was created to guard against this kind of emotional abuse, thereby allowing a victim of emotional distress to receive compensation in situations where he or she would otherwise be barred from compensation under the common law form..."intentional infliction of mental shock"...the willful nature of the act as a direct cause of the harm. Elements:Defendant acted intentionally or recklessly; and Defendant’s conduct was extreme and outrageous; and Defendant’s act is the cause of the distress; and Plaintiff suffers severe emotional distress as a result of defendant’s conduct...The conduct must be heinous and beyond the standards of civilized decency or utterly intolerable in a civilized society. Whether the conduct is illegal does not determine whether it meets this standard...the standard: the conduct must be such that it would cause a reasonable person to exclaim "Outrageous!" in response...Some general factors that will persuade that the conduct was extreme and outrageous (1) there was a pattern of conduct, not just an isolated incident; (2) the plaintiff was vulnerable and the defendant knew it; (3) the defendant was in a position of power; (4) racial epithets were used; and (5) the defendant owed the plaintiff a fiduciary duty. - wikipedia, [often pleaded as Nervous Shock(PTSD, etc.)in Canada]
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of law between individuals with no current direct relationship (familial or contractual or otherwise), but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalization of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law. - wikipedia
blacks:
statement of claim. 1. COMPLAINT (1). 2. English law.
statement. (18c) 1. Evidence. A verbal assertion or nonverbal conduct intended as an assertion. 2. A formal and exact presentation of facts.
statement of cause of action. See STATEMENT (2). A plaintiff's initial pleading in a civil case
PLEADING - 1. A formal document in which a party to a legal proceeding (esp. a civil lawsuit) sets forth or responds to allegations, claims, denials, or defenses. • In federal civil procedure, the main pleadings are the plaintiff's complaint and the defendant's answer.
STATEMENT OF FACT - A form of conduct that asserts or implies the existence or nonexistence of a fact. The term includes not just a particular statement that a particular fact exists or has existed, but also an assertion that, although perhaps expressed as an opinion, implies the existence of some fact or facts that have led the assertor to hold the opinion in question. See affirmative TESTIMONY.
STATEMENT OF FACTS - A party's written presentation of the facts leading up to or surrounding a legal dispute...
informed consent. - 1. A person's agreement to allow something to happen, made with full knowledge of the risks involved and the alternatives. • For the legal profession, informed consent is defined in Model Rule of Professional Conduct 1.0(e).2. A patient's knowing choice about a medical treatment or procedure, made after a physician or other healthcare provider discloses whatever information a reasonably prudent provider in the medical community would give to a patient regarding the risks involved in the proposed treatment or procedure. — Also termed knowing consent.
voluntary consent - Consent that is given freely and that has not been coerced.
IN MALA FIDE In bad faith. - “A possessor in mala fide is one who holds possession of a subject, in the knowledge that it is not his own, on a title which he knows, or has reasonable ground for believing to be a bad one.”
- blacks law dic.
Fear and anxiety are forms of assault damage which may also create a situation of battery as a cause of action.
---------------------
Topic:
LIABILITY (LAW); CIVIL PROCEDURE; MEDICAL MALPRACTICE;
Location:
MALPRACTICE;
You asked what are the elements of economic and noneconomic damages in a medical malpractice case.
SUMMARY
In a medical malpractice lawsuit (just as in any personal injury lawsuit), there are two types of damages: economic and noneconomic. Economic damages are monies awarded as compensation for monetary losses and expenses, which the plaintiff has incurred, or is reasonably likely to incur in the future, as a result of the defendant's negligence. Noneconomic damages are monies awarded as compensation for non-monetary losses and injuries, which the plaintiff has suffered, or is reasonably likely to suffer in the future, as a result of the defendant's negligence.
There appears to be no statute or court case that contains a complete list of all possible economic or noneconomic damages. And while there are official and unofficial sample or recommended jury instructions for medical malpractice as well as other personal injury cases, there is no definitive or uniform set of jury instructions that judges must give to a jury. We spoke with Judge Lagenback who recently presided over a medical malpractice case against Hartford Hospital that resulted in a large jury verdict. He told us that the judge has the duty to give the jury charge concerning damages that he believes is appropriate in light of the evidence offered and the claims for damages the plaintiff has made. A judge can rely on sample jury instructions and on proposed instructions each side presents, but ultimately it is the judge's decision based on his understanding of the law of damages as established by statutory and case law. If a judge gives an incorrect instruction, any party may appeal, and the verdict could be overturned.
The statutes require that the jury or, if there is no jury, the court to specify: (1) the amount of economic damages; (2) the amount of noneconomic damages; and (3) any findings of fact necessary for the court to specify recoverable economic damages and recoverable noneconomic damages (CGS § 52-572h). This law defines "economic damages" as compensation determined by the trier of fact for pecuniary losses including, but not limited to, the cost of reasonable and necessary medical care, rehabilitative services, custodial care and loss of earnings or earning capacity excluding any noneconomic damages. It defines "noneconomic damages" as compensation determined by the trier of fact for all nonpecuniary losses including, but not limited to, physical pain and suffering and mental and emotional suffering.
Because the statutes do not contain an exhaustive list of economic or noneconomic damages, courts must look to the common law to determine what is recoverable as an economic or nonecomic damages.
Based on our examination of case law and recommended jury instructions, the following types of economic and noneconomic damages are recoverable if proven by the injured party: Economic damages can include lost wages and other income including benefits such as pension contributions, medical care and expenses, custodial care, lost earnings, lost earning capacity, and funeral expenses if the injury resulted in death. Noneconomic damages can include physical pain and suffering, mental distress and suffering, permanent impairment or loss of function, disfigurement, loss of the ability to enjoy life's pleasures, loss of consortium, and death.
BACKGROUND
The background information is taken almost verbatim from the Judicial Department's web site under the heading of Civil Jury Instructions. They were compiled to assist judges. Their use is discretionary. Whether any jury instructions are sufficient and accurate is a question of law, which either party can appeal.
An injured plaintiff is entitled to recover all the damages caused by the negligent act. To be entitled to damages a plaintiff must establish a causal relation between the injury and the physical condition, which he claims resulted from it (Bates v. Carroll, 99 Conn. 677, 679). This causal connection must rest upon more than surmise or conjecture (Witowski v. Goldberg, 115 Conn. 693, 696). The trier of fact is not concerned with possibilities but with reasonable probabilities (Richardson v. Pratt & Whitney Mfg. Co., 129 Conn. 669,672).
Under the law of damages, insofar as money can do it, the plaintiff is entitled to receive fair, just and reasonable compensation for all injuries and losses, past and future, which are proximately caused by the defendant's proven negligence. Negligence is a proximate cause of a loss or injury if it is a substantial factor in bringing that loss or injury about.
Under this rule, the purpose of an award of damages is not to punish or penalize the defendant for his negligence, but to compensate the plaintiff for his resulting injuries and losses. The jury is instructed to attempt to put the plaintiff in the same position, as far as money can do it, that he would have been in had the defendant not been negligent.
The law imposes certain rules to govern the award of damages in any case where liability is proven. Just as the plaintiff has the burden of proving liability by a fair preponderance of the evidence, he has the burden of proving his entitlement to recover damages by a fair preponderance of the evidence. Thus, the plaintiff must prove (1) the nature and extent of each particular loss or injury for which he seeks to recover damages and (2) that the loss or injury in question was proximately caused by the defendant's negligence. The jury may not guess or speculate as to the nature or extent of the plaintiff's losses or injuries. Its decision must be based on reasonable probabilities in light of the evidence presented at trial. Injuries and losses for which the plaintiff should be compensated include those he suffered up to and including the time the jury deliberates, and those he is reasonably likely to suffer in the future as a proximate result of the defendant's negligence.
Once the plaintiff has proved the nature and extent of his compensable injuries and losses, it becomes the jury's job (or the court's if there is no jury) to determine what is fair, just and reasonable compensation for those injuries and losses. There is often no mathematical formula in making this determination. Instead, the jury must use human experience and apply sound common sense in determining the amount of the verdict.
In a personal injury action, there are two general types of damages: economic and noneconomic damages. Economic damages are monies awarded as compensation for monetary losses and expenses, which the plaintiff has incurred, or is reasonably likely to incur in the future, as a result of the defendant's negligence. They are awarded for such things as the cost of reasonable and necessary medical care and lost earnings. Noneconomic damages are monies awarded as compensation for non-monetary losses and injuries, which the plaintiff has suffered, or is reasonably likely to suffer in the future, as a result of the defendant's negligence. They are awarded for such things as physical pain and suffering, mental and emotional pain and suffering, and loss of diminution of the ability to enjoy life's pleasures.
Following are recoverable economic and noneconomic damages in a medical malpractice case.
ECONOMIC DAMAGES
Medical Care and Expenses
The plaintiff is entitled to recover the reasonable value of medical care and expenses incurred for the treatment of injuries sustained as a result of the defendant's negligence. The plaintiff must prove that the expenses he claims were reasonably necessary and proximately caused by the defendant's negligence.
Loss of Earnings or Earning Capacity
The plaintiff is also entitled to recover any lost earnings that he proves to have been proximately caused by the defendant's negligence. With respect to lost earnings up to the present time, the plaintiff must prove that the defendant's negligence has prevented him from receiving the earnings for which he seeks compensation. He must do so by establishing a reasonable probability that his injury brought about a loss of earnings. The evidence must establish a basis for a reasonable estimate of that loss.
Loss of Earning Capacity
The plaintiff is also entitled to damages for the loss of future earnings based upon the evidence as to what he probably could have earned but for the harm caused by the defendant's negligence and as to what the plaintiff can now earn through the earning period of his life.
NONECONOMIC DAMAGES
A plaintiff who is injured by the negligence of another is entitled to be compensated for all physical pain and suffering, mental and emotional suffering, loss of the ability to enjoy life's pleasures, and permanent impairment or loss of function that he proves by a fair preponderance of the evidence to have been proximately caused by the defendant's negligence. As far as money can compensate the plaintiff for such injuries and their consequences, the jury must award a fair, just, and reasonable sum. The jurors must use their own good judgment in awarding damages in this category. They must consider the nature and duration of any pain and suffering that they find.
Mental Distress and Suffering
A plaintiff who is injured by the negligence of another is entitled to be compensated for mental suffering caused by the defendant's negligence for the results that proximately flow from it in the same manner as he is for physical suffering. Included within this class of damages is the fear that death will result from an injury, if the jury concludes the plaintiff honestly had this fear.
Loss of the Ability to Enjoy Life's Pleasures
The jury must consider, as a separate category for awarding damages in this case, the length of time the plaintiff was, or will probably be, disabled from engaging in activities which he enjoys.
Permanent Impairment or Loss of Function
If the jury finds that it is reasonably probable that the plaintiff has suffered permanent physical harm, loss of function or disfigurement, he is entitled to be compensated for that category of injury. The award should be in accordance with the nature and extent of such physical impairment, loss of function, or disfigurement and the length of time he is reasonably expected to endure its negative consequences. Typically, the court will instruct the jury as to the use of any evidence of life expectancy that has been introduced. But while mortality tables are generally held admissible to assist the jury to estimate the expectancy of a plaintiff's life and thus determining the period of the probable duration of a permanent incapacity, they are not necessarily conclusive nor are they the exclusive evidence admissible. A jury may also consider other evidence such as age, health, habits, and physical condition.
Disfigurement
The jury may also assess fair compensation for any disfigurement such as scaring. It must take into consideration any reasonable probability that the disfigurement will be less noticeable as time goes on and also taking into consideration any mortification and anguish the plaintiff has suffered and will in the future suffer.
Pre-existing Condition
The plaintiff is entitled to full compensation for all injuries and losses proximately caused by the defendant's negligence even though those injuries and losses are more serious than they otherwise would have been because of a pre-existing condition. The jury may not compensate the plaintiff for the pre-existing injury itself. But, the aggravation of such an injury, proximately caused by the defendant's negligence, is a proper item of noneconomic damages.
Damages for Death
Damages for death are allowed as compensation for the destruction of the decedent's capacity to carry on life's activities, including his capacity to earn money. It is the sum that would have compensated the deceased so far as money could do for the destruction of his capacity to carry on life's activities, as he would have done had he not been killed, including the destruction of his earning capacity.
Loss of Consortium
The law allows damages for the loss of consortium. These are damages due a spouse because of injuries to the other spouse (Hopson v. St. Mary's Hospital, 176 Conn. 485). “Consortium” encompasses the services of the spouse and the variety of intangible relations that exist between spouses living together in marriage. These intangibles are generally described in terms of affection, society, companionship, and sexual relations. They have also been defined as the constellation of companionship, dependence, reliance, affection, sharing and aid, that are legally recognizable, protected rights arising out of he civil contract of marriage.
GC:ro
and I will write in this article about the current state and case law regarding informed consent.
The conservatives don't care about the fact that it is law.
This will take a couple of weeks. (WIP)
I'm sort of using it as a notepad, then I'm planning to rearrange it when I have all the quotes in one place.
I will attempt to link to every piece of case law listed or mentioned or even append certain sections to this document.
I believe this is a good use for a blog, you get to see my "thought processes" as I build my Statements of Claim and my Pleadings and try to find the $500 or so per case to begin things...
this is an interesting read as well:
THE LAW IN NAZI GERMANY Ideology, Opportunism, and the Perversion of Justice
---------------------
Informed Consent is part of Negligence law:Thanks are due to Patricia Peppin and Phillip Osbourne for their introductions to Informed Consent and Tort Law.
...as many as 7.5% ...treated in Canadian hospitals experience an "adverse result" - an unintended injury or complication that is caused by health care management rather than by disease that leads to death, disability, or prolonged hospital stays...40% were highly preventable...9,250-23,750 deaths could have been prevented in 2000. - G.Ross Baker "Canadian Preventable Deaths Study"
Breach of fiduciary duty may found an equitable claim against a physician ...this may arise not only when the physician acts unconsciously or takes advantage of a patient,such as succumbing to a conflict of interest, but also when disregarding the patients interests - Norberg v. Wynrib,[1992] S.C.J. No. 60, 92 D.L.R. (4th) 449 S.C.C.
Malpractice liability may also arise for false arrest and imprisonment, such as through negligent or otherwise improper employment of powers of involutary detention under mental health legislation - Mullins v. Levy, [2005] B.C.J. No. 1878, 258 D.L.R (4th) 460 (B.C.S.C)
Elements of Negligence
1. The defendent owed the plaintiff a legal Duty of Care
2. The defendent breached that duty of care
3. The plaintiff suffered legally recognized damage
4. The damage was caused by the defendent's breach of that duty of care
If physicians discriminate against...(prospective patients)...on grounds of race, age, or other prohibited grounds they may violate provincial human rights laws... - Korn v. Potter, [1996] B.C.J. No. 692, 134 D.L.R. (4th) 437 (B.C.S.C)
physicians may have a duty of care not to treat their patients but promptly to refer them to colleagues whose skills are more suited to the patients needs - Jaglowski v. Kreml, [2002] M.J. No. 334, 167 Man R. (2nd) 71 (Man. Q.B)
The duty to refer also applies regarding procedures in which physicians conscientiously object to participate. Failure of adequately informed consent can be actionable in negligence,, and may be found if a practitioner refuses or fails to disclose a legitimate choice of patient care because of the practitioner's conscientious objection to participation in that choice - Zimmer v. Ringrose, [1981] A.J. No. 596, 124 D.L.R. 93rd) 215 (Alta C.A.) - CMA, Code of Ethics (Ottowa: CMA, 2004), ss 12, 19 - Reibl v. Hughes [1980] S.C.J. No.105, 114 D.L.R. (3rd) 1 (S.S.C.)
As private corporations, hospitals...bear both direct corporate and often vicarious liability for the medical and other care they accomodate and facilitate - Picard and G. Robertson, "Legal liability of doctors and hospitals in Canada", 4th ed.
Limitations acts require plaintiffs to initiate complaints within a given time from when they actually knew that they have a cause of action. Limitation periods may be suspended during a patients disability. Action may therefore be initiated some time after the procedure complained of was performed - Patterson v. Anderson, [2004] O.J. No. 3619, 72 O.R. (3rd) 330 (Ont. S.C.J) - E. (D.) (Guardian ad litem of) v. British Columbia, [2005] B.C.J. No. 492, 252 D.L.R. (4th) 689 (B.C.C.A) - ter Neuzen v. Korn, [1995] S.C.J. No. 79, 127 D.L.R. (4th) 577 at 589 (S.C.C.)
The doctrine of informed consent has developed in the Law as the primary means of protecting a patient's right to control his or her medical treatment...informed consent is plainly intended to ensure the freedom of the individual to make choices concerning their medical care. For this freedom to be meaningful, people must have the right to make choices that accord with their own values, regardless of how unwise or foolish those choices may appear to others. - Malette v. Schulman [1990] O.J. No. 450, 72 O.R. (2nd)417 at 423-24 (Ont. C.A.)
Participation in decision making provides the opportunity to excercise choice according to ones own values and beliefs rather than recieving treatment through paternalistic imposition of another's treatment decisions. - P. Peppin
The doctrine of informed consent was developed as a judicial attempt to redress the inequality of information that characterizes a doctor patient relationship. - [1995] S.C.J. No. 104, [1995] 4 S.C.R. 634(S.C.C.)
(the tort of)Battery continues to be the appropriate action in situations where there is no consent at all or where the act exceeds the consent. - John G. Fleming on Reible v. Hughes, "The Law of Torts" - Reible v. Hughes, [1980] S.C.J. No. 105, [1980] 2 S.C.R. 80(S.C.C.)
Wrongful Sterilization see Leilani Muir, Muir v. Alberta, [1996] A.J. No. 37(Alta, Q.B)
...it is the patient's decision and the doctor must equip the patient with the necessary information to make an informed choice...where more than one medically reasonable treatment existsand the risk/benefit analysis engaged by the alternatives involves different considerations, a reasonable person would want to know about(those)alternatives and would want the assistance of the doctor's risk/benefit analysis of the various possible treatments before deciding whether to proceed with a specific treatment. - Van Dyke v. Grey Bruce Reg. Centre [2005] O.J. No. 2219(Ont. C.A.) leave to appeal refused [2005] S.C.C.A No. 335(S.C.C)
"Physicians rights to refuse to participate in medical procedures that offend their conscience may be incompatible with patients rights to recieve lawful medically indicated treatment" - Rebeccca Cook and Gerard M. Dickens "The Growing Abuse of Conscientious Objection"
The concept of therapeutic privilege was recognized by the Supreme Court in Reibl. It permits a physician to withhold or generalize information relating to the risks of treatment where its disclosure may cause psychological harm to the patient.The privelege has recieved a narrow interpretation and there is no Canadian case in which it has been successfully applied.(as a legal defense to negligence) - P.H. Osbourne, "The Law of Torts, Essentials of Canadian Law"
The duty to inform patients has been described with reference solely to physicians...the duty, however, rests on all health care professionals within their area of expertise or practice.- P.H. Osbourne, "The Law of Torts, Essentials of Canadian Law"
Deceit is (a tort action) established whenever a person has made a fraudulent statement that intentionally causes another person to rely on it to their detriment. - Pasly v. Freeman (1789), 3 term. Rep. 51, 100 E.R. 450(k.b.)
Three elements must be established in order to establish tortious assault: first, the plaintiff apprehended immediate physical contact, second, the plaintiff had reasonable apprehension (the requisite state of mind) and third, the defendant's act of interference was intentional (the defendant intended the resulting apprehension). But intent for purposes of civil assault can be either general or specific. Specific intent means that when the defendant acted, he or she intended to cause apprehension of a harmful or unwanted contact. General intent means that the defendant knew with substantial certainty that the action would put someone in apprehension of a harmful or unwanted contact. While the law varies by jurisdiction, contact is often defined as harmful if it objectively intends to injure, disfigure, impair, or cause pain.The act is deemed offensive if it would offend a reasonable person’s sense of personal dignity. While imminence is judged objectively and varies widely on the facts, it generally suggests there is little to no opportunity for intervening acts.Lastly, the state of apprehension should be differentiated from the general state of fear, as apprehension requires only that the person be aware of the imminence of the harmful or offensive act. - wikipedia
Abuse of process is a cause of action in tort arising from one party making a malicious and deliberate misuse or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action. It is a common law intentional tort. It is to be distinguished from malicious prosecution, another type of tort that involves misuse of the public right of access to the courts. The elements of a valid cause of action for abuse of process in most common law jurisdictions are as follows: (1) the existence of an ulterior purpose or motive underlying the use of process, and (2) some act in the use of the legal process not proper in the regular prosecution of the proceedings.[1] Abuse of process can be distinguished from malicious prosecution, in that abuse of process typically does not require proof of malice, lack of probable cause in procuring issuance of the process, or a termination favorable to the plaintiff, all of which are essential to a claim of malicious prosecution.[2] "Process," as used in this context, includes not only the "service of process," i.e. an official summons or other notice issued from a court, but means any method used to acquire jurisdiction over a person or specific property that is issued under the official seal of a court.[3] Typically, the person who abuses process is interested only in accomplishing some improper purpose that is collateral to the proper object of the process and that offends justice, such as an unjustified arrest or an unfounded criminal prosecution. Subpoenas to testify, attachments of property, executions on property, garnishments, and other provisional remedies are among the types of "process" considered to be capable of abuse. - wikipedia
A tort consists of a wrongful acts or injury that leads to physical, emotional, or financial damage to a person in which another person could be held legally responsible.[1] The two main subcategories of tort law are intentional torts and unintentional torts...The main difference between intentional torts and unintentional torts is intent. An intentional tort is when a person intends to achieve a particular outcome that results in injury to people or damage to property, whereas an unintentional tort such as negligence, occurs when there has been a lack of duty of care or foreseeability that results in injury to people or damage to property. - wikipedia
Intentional infliction of emotional distress (IIED) is a tort claim...intentional conduct that results in extreme emotional distress...created in tort law to address a problem that would arise when applying the common law form of assault. The common law tort of assault did not allow for liability when a threat of battery was not imminent. A common case would be a future threat of harm that would not constitute common law assault, but would nevertheless cause emotional harm to the recipient. IIED was created to guard against this kind of emotional abuse, thereby allowing a victim of emotional distress to receive compensation in situations where he or she would otherwise be barred from compensation under the common law form..."intentional infliction of mental shock"...the willful nature of the act as a direct cause of the harm. Elements:Defendant acted intentionally or recklessly; and Defendant’s conduct was extreme and outrageous; and Defendant’s act is the cause of the distress; and Plaintiff suffers severe emotional distress as a result of defendant’s conduct...The conduct must be heinous and beyond the standards of civilized decency or utterly intolerable in a civilized society. Whether the conduct is illegal does not determine whether it meets this standard...the standard: the conduct must be such that it would cause a reasonable person to exclaim "Outrageous!" in response...Some general factors that will persuade that the conduct was extreme and outrageous (1) there was a pattern of conduct, not just an isolated incident; (2) the plaintiff was vulnerable and the defendant knew it; (3) the defendant was in a position of power; (4) racial epithets were used; and (5) the defendant owed the plaintiff a fiduciary duty. - wikipedia, [often pleaded as Nervous Shock(PTSD, etc.)in Canada]
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of law between individuals with no current direct relationship (familial or contractual or otherwise), but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalization of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law. - wikipedia
blacks:
statement of claim. 1. COMPLAINT (1). 2. English law.
statement. (18c) 1. Evidence. A verbal assertion or nonverbal conduct intended as an assertion. 2. A formal and exact presentation of facts.
statement of cause of action. See STATEMENT (2). A plaintiff's initial pleading in a civil case
PLEADING - 1. A formal document in which a party to a legal proceeding (esp. a civil lawsuit) sets forth or responds to allegations, claims, denials, or defenses. • In federal civil procedure, the main pleadings are the plaintiff's complaint and the defendant's answer.
STATEMENT OF FACT - A form of conduct that asserts or implies the existence or nonexistence of a fact. The term includes not just a particular statement that a particular fact exists or has existed, but also an assertion that, although perhaps expressed as an opinion, implies the existence of some fact or facts that have led the assertor to hold the opinion in question. See affirmative TESTIMONY.
STATEMENT OF FACTS - A party's written presentation of the facts leading up to or surrounding a legal dispute...
informed consent. - 1. A person's agreement to allow something to happen, made with full knowledge of the risks involved and the alternatives. • For the legal profession, informed consent is defined in Model Rule of Professional Conduct 1.0(e).2. A patient's knowing choice about a medical treatment or procedure, made after a physician or other healthcare provider discloses whatever information a reasonably prudent provider in the medical community would give to a patient regarding the risks involved in the proposed treatment or procedure. — Also termed knowing consent.
voluntary consent - Consent that is given freely and that has not been coerced.
IN MALA FIDE In bad faith. - “A possessor in mala fide is one who holds possession of a subject, in the knowledge that it is not his own, on a title which he knows, or has reasonable ground for believing to be a bad one.”
- blacks law dic.
Fear and anxiety are forms of assault damage which may also create a situation of battery as a cause of action.
---------------------
Topic:
LIABILITY (LAW); CIVIL PROCEDURE; MEDICAL MALPRACTICE;
Location:
MALPRACTICE;
| January 2, 2004 |
2004-R-0002
| |
DAMAGES — MEDICAL MALPRACTICE
| ||
By: George Coppolo, Chief Attorney
| ||
SUMMARY
In a medical malpractice lawsuit (just as in any personal injury lawsuit), there are two types of damages: economic and noneconomic. Economic damages are monies awarded as compensation for monetary losses and expenses, which the plaintiff has incurred, or is reasonably likely to incur in the future, as a result of the defendant's negligence. Noneconomic damages are monies awarded as compensation for non-monetary losses and injuries, which the plaintiff has suffered, or is reasonably likely to suffer in the future, as a result of the defendant's negligence.
There appears to be no statute or court case that contains a complete list of all possible economic or noneconomic damages. And while there are official and unofficial sample or recommended jury instructions for medical malpractice as well as other personal injury cases, there is no definitive or uniform set of jury instructions that judges must give to a jury. We spoke with Judge Lagenback who recently presided over a medical malpractice case against Hartford Hospital that resulted in a large jury verdict. He told us that the judge has the duty to give the jury charge concerning damages that he believes is appropriate in light of the evidence offered and the claims for damages the plaintiff has made. A judge can rely on sample jury instructions and on proposed instructions each side presents, but ultimately it is the judge's decision based on his understanding of the law of damages as established by statutory and case law. If a judge gives an incorrect instruction, any party may appeal, and the verdict could be overturned.
The statutes require that the jury or, if there is no jury, the court to specify: (1) the amount of economic damages; (2) the amount of noneconomic damages; and (3) any findings of fact necessary for the court to specify recoverable economic damages and recoverable noneconomic damages (CGS § 52-572h). This law defines "economic damages" as compensation determined by the trier of fact for pecuniary losses including, but not limited to, the cost of reasonable and necessary medical care, rehabilitative services, custodial care and loss of earnings or earning capacity excluding any noneconomic damages. It defines "noneconomic damages" as compensation determined by the trier of fact for all nonpecuniary losses including, but not limited to, physical pain and suffering and mental and emotional suffering.
Because the statutes do not contain an exhaustive list of economic or noneconomic damages, courts must look to the common law to determine what is recoverable as an economic or nonecomic damages.
Based on our examination of case law and recommended jury instructions, the following types of economic and noneconomic damages are recoverable if proven by the injured party: Economic damages can include lost wages and other income including benefits such as pension contributions, medical care and expenses, custodial care, lost earnings, lost earning capacity, and funeral expenses if the injury resulted in death. Noneconomic damages can include physical pain and suffering, mental distress and suffering, permanent impairment or loss of function, disfigurement, loss of the ability to enjoy life's pleasures, loss of consortium, and death.
BACKGROUND
The background information is taken almost verbatim from the Judicial Department's web site under the heading of Civil Jury Instructions. They were compiled to assist judges. Their use is discretionary. Whether any jury instructions are sufficient and accurate is a question of law, which either party can appeal.
An injured plaintiff is entitled to recover all the damages caused by the negligent act. To be entitled to damages a plaintiff must establish a causal relation between the injury and the physical condition, which he claims resulted from it (Bates v. Carroll, 99 Conn. 677, 679). This causal connection must rest upon more than surmise or conjecture (Witowski v. Goldberg, 115 Conn. 693, 696). The trier of fact is not concerned with possibilities but with reasonable probabilities (Richardson v. Pratt & Whitney Mfg. Co., 129 Conn. 669,672).
Under the law of damages, insofar as money can do it, the plaintiff is entitled to receive fair, just and reasonable compensation for all injuries and losses, past and future, which are proximately caused by the defendant's proven negligence. Negligence is a proximate cause of a loss or injury if it is a substantial factor in bringing that loss or injury about.
Under this rule, the purpose of an award of damages is not to punish or penalize the defendant for his negligence, but to compensate the plaintiff for his resulting injuries and losses. The jury is instructed to attempt to put the plaintiff in the same position, as far as money can do it, that he would have been in had the defendant not been negligent.
The law imposes certain rules to govern the award of damages in any case where liability is proven. Just as the plaintiff has the burden of proving liability by a fair preponderance of the evidence, he has the burden of proving his entitlement to recover damages by a fair preponderance of the evidence. Thus, the plaintiff must prove (1) the nature and extent of each particular loss or injury for which he seeks to recover damages and (2) that the loss or injury in question was proximately caused by the defendant's negligence. The jury may not guess or speculate as to the nature or extent of the plaintiff's losses or injuries. Its decision must be based on reasonable probabilities in light of the evidence presented at trial. Injuries and losses for which the plaintiff should be compensated include those he suffered up to and including the time the jury deliberates, and those he is reasonably likely to suffer in the future as a proximate result of the defendant's negligence.
Once the plaintiff has proved the nature and extent of his compensable injuries and losses, it becomes the jury's job (or the court's if there is no jury) to determine what is fair, just and reasonable compensation for those injuries and losses. There is often no mathematical formula in making this determination. Instead, the jury must use human experience and apply sound common sense in determining the amount of the verdict.
In a personal injury action, there are two general types of damages: economic and noneconomic damages. Economic damages are monies awarded as compensation for monetary losses and expenses, which the plaintiff has incurred, or is reasonably likely to incur in the future, as a result of the defendant's negligence. They are awarded for such things as the cost of reasonable and necessary medical care and lost earnings. Noneconomic damages are monies awarded as compensation for non-monetary losses and injuries, which the plaintiff has suffered, or is reasonably likely to suffer in the future, as a result of the defendant's negligence. They are awarded for such things as physical pain and suffering, mental and emotional pain and suffering, and loss of diminution of the ability to enjoy life's pleasures.
Following are recoverable economic and noneconomic damages in a medical malpractice case.
ECONOMIC DAMAGES
Medical Care and Expenses
The plaintiff is entitled to recover the reasonable value of medical care and expenses incurred for the treatment of injuries sustained as a result of the defendant's negligence. The plaintiff must prove that the expenses he claims were reasonably necessary and proximately caused by the defendant's negligence.
Loss of Earnings or Earning Capacity
The plaintiff is also entitled to recover any lost earnings that he proves to have been proximately caused by the defendant's negligence. With respect to lost earnings up to the present time, the plaintiff must prove that the defendant's negligence has prevented him from receiving the earnings for which he seeks compensation. He must do so by establishing a reasonable probability that his injury brought about a loss of earnings. The evidence must establish a basis for a reasonable estimate of that loss.
Loss of Earning Capacity
The plaintiff is also entitled to damages for the loss of future earnings based upon the evidence as to what he probably could have earned but for the harm caused by the defendant's negligence and as to what the plaintiff can now earn through the earning period of his life.
NONECONOMIC DAMAGES
A plaintiff who is injured by the negligence of another is entitled to be compensated for all physical pain and suffering, mental and emotional suffering, loss of the ability to enjoy life's pleasures, and permanent impairment or loss of function that he proves by a fair preponderance of the evidence to have been proximately caused by the defendant's negligence. As far as money can compensate the plaintiff for such injuries and their consequences, the jury must award a fair, just, and reasonable sum. The jurors must use their own good judgment in awarding damages in this category. They must consider the nature and duration of any pain and suffering that they find.
Mental Distress and Suffering
A plaintiff who is injured by the negligence of another is entitled to be compensated for mental suffering caused by the defendant's negligence for the results that proximately flow from it in the same manner as he is for physical suffering. Included within this class of damages is the fear that death will result from an injury, if the jury concludes the plaintiff honestly had this fear.
Loss of the Ability to Enjoy Life's Pleasures
The jury must consider, as a separate category for awarding damages in this case, the length of time the plaintiff was, or will probably be, disabled from engaging in activities which he enjoys.
Permanent Impairment or Loss of Function
If the jury finds that it is reasonably probable that the plaintiff has suffered permanent physical harm, loss of function or disfigurement, he is entitled to be compensated for that category of injury. The award should be in accordance with the nature and extent of such physical impairment, loss of function, or disfigurement and the length of time he is reasonably expected to endure its negative consequences. Typically, the court will instruct the jury as to the use of any evidence of life expectancy that has been introduced. But while mortality tables are generally held admissible to assist the jury to estimate the expectancy of a plaintiff's life and thus determining the period of the probable duration of a permanent incapacity, they are not necessarily conclusive nor are they the exclusive evidence admissible. A jury may also consider other evidence such as age, health, habits, and physical condition.
Disfigurement
The jury may also assess fair compensation for any disfigurement such as scaring. It must take into consideration any reasonable probability that the disfigurement will be less noticeable as time goes on and also taking into consideration any mortification and anguish the plaintiff has suffered and will in the future suffer.
Pre-existing Condition
The plaintiff is entitled to full compensation for all injuries and losses proximately caused by the defendant's negligence even though those injuries and losses are more serious than they otherwise would have been because of a pre-existing condition. The jury may not compensate the plaintiff for the pre-existing injury itself. But, the aggravation of such an injury, proximately caused by the defendant's negligence, is a proper item of noneconomic damages.
Damages for Death
Damages for death are allowed as compensation for the destruction of the decedent's capacity to carry on life's activities, including his capacity to earn money. It is the sum that would have compensated the deceased so far as money could do for the destruction of his capacity to carry on life's activities, as he would have done had he not been killed, including the destruction of his earning capacity.
Loss of Consortium
The law allows damages for the loss of consortium. These are damages due a spouse because of injuries to the other spouse (Hopson v. St. Mary's Hospital, 176 Conn. 485). “Consortium” encompasses the services of the spouse and the variety of intangible relations that exist between spouses living together in marriage. These intangibles are generally described in terms of affection, society, companionship, and sexual relations. They have also been defined as the constellation of companionship, dependence, reliance, affection, sharing and aid, that are legally recognizable, protected rights arising out of he civil contract of marriage.
GC:ro
Monday, May 05, 2014
Legal Fiction: How Omissions in Legal Representation Form the Foundation of Fascist Canada's Silent Softkill Genocides...
Human rights justice is a media fiction in Canada.
A fiction propogated by Rand and our "protected by the CRTC" media landscape of choose your channel mind programming
"Who, by act or omission...commits genocide..."
[“genocide” means an act or omission committed with intent to destroy, in whole or in part, an identifiable group of persons, as such, that, at the time and in the place of its commission, constitutes genocide according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission.]
Omissions in access to justice, healthcare, basic needs...
Omissions are active programs
by the abscence of their services
an action occurs
action T4
So much this one costs
the homeland
social parasites
and culturally colorful
vermin
I started long ago trying to get a lawyer
which is hard since I have no phone or $30 a month for a plan.
I use the Library for internet.
About 5 months ago now I decided I need a Human Rights lawyer and that I should start my litigations against Vancouver Coastal Health there. Much of my contacts and interaction in the past with employees or contractors of the VCH in pursuit of proper healthcare have been outline on my blogs and in other writings.
Since I am Intersex, as previously discussed, and having problems with gaining access to specialists knowledgeable about that congenital condition and the specifics thereof, I decided that I would either need a lawyer, or would have to hobble through 4 years of law school and become one.
Scenario 2 appears to be the only option.
I contacted the B.C. Coalition for Human Rights.
unfortunately, it seems their main business is not to help people gain access to legal representation for human rights abuses.
Their main business is to give workshops to corporate representatives and managers about how to bulletproof their HR against human rights abuse claims.
They did give me two names.
2
I pressed them and everyone else I have emailed to give me more names
but I only get two.
One lawyer works for one of the Vancouver coastal health clinics which I may need to sue, over the genocidal actions of some of its contracted employees.
So she works the the Action T4 program herself and is unacceptable.
The other lawyer whose name I was given
Has, in 5 months, done nothing, really.
Because I have no money.
So my access to law and representation to navigate the court system
is a fiction
a Legal Fiction
a vaporous
omission
So, 5 more months
of daily pain
I have a bunch of bogus mental health crap on my medical records courtesy of Dr. Brown, Dr. COOPER and his relative, nurse COOPER(ala sga!), Patti Zettel, Dr. Wilsone, and of course, Dr. Rondeau who stuck his hand imy ass instead of ordering the ultrasound of my perineum that I asked for 12 visits straight.
And I actually can't sue, anybody
because I don't have access to legal representation
The "Human Rights" lawyer
actually trusts
the doctors and nurses
who, as I have stated clearly in previous accountings, made no tests or even VISUAL EXAMINATIONs of something I have posted a JPEG of!
I guess its a common camera artifact eh?
Across thousands of cameras?
Hmm.
The lady in the pet store was concerned
but when she heard I had to sue a doctor
or a few
she laughed sadly
being from america
"But this is Canada
You can't sue a doctor in Canada."
Apparently its common knowledge
their godlike status
priveleged protection
so privileged they can emulate Action T4
perfectly
and no one can ever hope to sue them
It takes $40K to actually live and have transportation, communication, and other basics fully met. That is the base. From that a human slave who has been robbed or beaten or fucked over by an organized crime gang, a wealthy businessman, or a couple of doctors, has to slave somehow to gain about
$20K more
just to begin
to have access to "justice"
and there is still so much more
of the Legal Fiction
to wade through
from there.
(w.i.p)
A fiction propogated by Rand and our "protected by the CRTC" media landscape of choose your channel mind programming
"Who, by act or omission...commits genocide..."
[“genocide” means an act or omission committed with intent to destroy, in whole or in part, an identifiable group of persons, as such, that, at the time and in the place of its commission, constitutes genocide according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission.]
Omissions in access to justice, healthcare, basic needs...
Omissions are active programs
by the abscence of their services
an action occurs
action T4
So much this one costs
the homeland
social parasites
and culturally colorful
vermin
I started long ago trying to get a lawyer
which is hard since I have no phone or $30 a month for a plan.
I use the Library for internet.
About 5 months ago now I decided I need a Human Rights lawyer and that I should start my litigations against Vancouver Coastal Health there. Much of my contacts and interaction in the past with employees or contractors of the VCH in pursuit of proper healthcare have been outline on my blogs and in other writings.
Since I am Intersex, as previously discussed, and having problems with gaining access to specialists knowledgeable about that congenital condition and the specifics thereof, I decided that I would either need a lawyer, or would have to hobble through 4 years of law school and become one.
Scenario 2 appears to be the only option.
I contacted the B.C. Coalition for Human Rights.
unfortunately, it seems their main business is not to help people gain access to legal representation for human rights abuses.
Their main business is to give workshops to corporate representatives and managers about how to bulletproof their HR against human rights abuse claims.
They did give me two names.
2
I pressed them and everyone else I have emailed to give me more names
but I only get two.
One lawyer works for one of the Vancouver coastal health clinics which I may need to sue, over the genocidal actions of some of its contracted employees.
So she works the the Action T4 program herself and is unacceptable.
The other lawyer whose name I was given
Has, in 5 months, done nothing, really.
Because I have no money.
So my access to law and representation to navigate the court system
is a fiction
a Legal Fiction
a vaporous
omission
So, 5 more months
of daily pain
I have a bunch of bogus mental health crap on my medical records courtesy of Dr. Brown, Dr. COOPER and his relative, nurse COOPER(ala sga!), Patti Zettel, Dr. Wilsone, and of course, Dr. Rondeau who stuck his hand imy ass instead of ordering the ultrasound of my perineum that I asked for 12 visits straight.
And I actually can't sue, anybody
because I don't have access to legal representation
The "Human Rights" lawyer
actually trusts
the doctors and nurses
who, as I have stated clearly in previous accountings, made no tests or even VISUAL EXAMINATIONs of something I have posted a JPEG of!
I guess its a common camera artifact eh?
Across thousands of cameras?
Hmm.
The lady in the pet store was concerned
but when she heard I had to sue a doctor
or a few
she laughed sadly
being from america
"But this is Canada
You can't sue a doctor in Canada."
Apparently its common knowledge
their godlike status
priveleged protection
so privileged they can emulate Action T4
perfectly
and no one can ever hope to sue them
It takes $40K to actually live and have transportation, communication, and other basics fully met. That is the base. From that a human slave who has been robbed or beaten or fucked over by an organized crime gang, a wealthy businessman, or a couple of doctors, has to slave somehow to gain about
$20K more
just to begin
to have access to "justice"
and there is still so much more
of the Legal Fiction
to wade through
from there.
(w.i.p)
Discount Dildos
So I was a little drunk and kinda stoned
and I had an extra 20 bucks
so I thought I should get a dildo
because organic cucumbers and zucchinis
eventually decay
=|
Anyways, I was pretty loaded but coherent
and I walked into this dyke dildo store in my neighborhood
Its a serious dyke shop
so I was a bit scared
but I trudged on in
There was this pretty little skinny dyke girl with one of those hitler hairdos that thom yorke sings about running the shop
I asked her if boys were allowed
And she sniggered a little and said yes with a slightly sarcastic wry little smile
so I'm standing there
I got about $30 I can spend
but I guess I'm in a "boutique"
because I'm standing there
trying to focus(because I have extremely bad eyesight and no glasses)
I'm looking ahead of me
and the isle has about 5 dildos
in presentation displays
and these things are REALLY scary
they've got veins, and extruding flanges
the perfect textured rubber/neoprene with the throbbiest vibes inside them, or so the display promised
hardcore jerk off science
I was sooooo scared.
There was no way one of those little ribbed things was going anywhere near my butt.
and they where all over $350.
I had sticker shock on top of the ribbed vein science prod fear.
I looked at the pretty little sourpuss beside me
she was amused
There was no way I would ever let her peg me
She just wasn't gentle at all
anyway
I said
"Don't you have a Discount Dildo section?"
A huge smile crossed her sour little face
"oh, yes, over here."
She points
I look
There is one dildo there
about 5.5 inches, very slim
with a base, and wires running into it
She says
"Its $50"
I look at it
then her
"That's a LOT more expensive than a cucumber"
I said.
As I walked out
I wondered drunkenly if it was just a front for laundering drug money with fake $400 dildo sales.
Oh well. I know there's a $10 one a little Sister's
its just plastic...
and I had an extra 20 bucks
so I thought I should get a dildo
because organic cucumbers and zucchinis
eventually decay
=|
Anyways, I was pretty loaded but coherent
and I walked into this dyke dildo store in my neighborhood
Its a serious dyke shop
so I was a bit scared
but I trudged on in
There was this pretty little skinny dyke girl with one of those hitler hairdos that thom yorke sings about running the shop
I asked her if boys were allowed
And she sniggered a little and said yes with a slightly sarcastic wry little smile
so I'm standing there
I got about $30 I can spend
but I guess I'm in a "boutique"
because I'm standing there
trying to focus(because I have extremely bad eyesight and no glasses)
I'm looking ahead of me
and the isle has about 5 dildos
in presentation displays
and these things are REALLY scary
they've got veins, and extruding flanges
the perfect textured rubber/neoprene with the throbbiest vibes inside them, or so the display promised
hardcore jerk off science
I was sooooo scared.
There was no way one of those little ribbed things was going anywhere near my butt.
and they where all over $350.
I had sticker shock on top of the ribbed vein science prod fear.
I looked at the pretty little sourpuss beside me
she was amused
There was no way I would ever let her peg me
She just wasn't gentle at all
anyway
I said
"Don't you have a Discount Dildo section?"
A huge smile crossed her sour little face
"oh, yes, over here."
She points
I look
There is one dildo there
about 5.5 inches, very slim
with a base, and wires running into it
She says
"Its $50"
I look at it
then her
"That's a LOT more expensive than a cucumber"
I said.
As I walked out
I wondered drunkenly if it was just a front for laundering drug money with fake $400 dildo sales.
Oh well. I know there's a $10 one a little Sister's
its just plastic...
Monday, February 03, 2014
Low end game design: idtech 4
I haven't written about idtech in my game designer exploration for a very good reason
The idtech boyz do military sims
they have incredible gear
and their games have always ground down the best consumer machines of the day of their release
I finally decided to give them a good look, choppy framerates and all
They have beautiful rendering in the game engine, they support normal, bump, and specularity maps
Models and animations are done in Lightwave by the developers but you can use other things and milkshape converts to and from md5
I used this:
http://www.clintons3d.com/lightwave/
it has a 6 page step by step tutorial about exporting an animated mesh from LW
but you can model in something else and use either milkshape or lw to convert
or mirex's Biturn http://mirex.mypage.sk/FILES/bi088.rar
but for anything other than an animated mesh, importing and mapping is really easy
I have a thing called the doom material editor which helped with surface flags (translucent, mirror, two sided, etc.) but straight textures and mapping meshes is easy
a lot can be done in 3d coat or another package with just the 4 image maps
the uv's are all that matter.
I REALLY HATE RADIANT.
That's the level editor
I hate it
I've always hated it
I think I always will.
Too much clicking, a nonstandard interface, its just wierd to me.
But I suffered through and can use it enough to do what I need.
Optimizing levels is hard
On even a small room, one misoptimized mesh or large texture can slag the FPS.
But its pretty, and it has bumps.
oooh. bumps. so nice...
the bumps on the chest and the legs scales are 3d coat normal and bump
Material definition files allow textures to consist of diffuse, bump and specular on brush materials
a huge bonus!
This is the game mesh
very low polys
none of the work that makes this look like in game is done to the mesh
the only thing being modified are the 4 image maps for diffuse colour, normal tangent space, specular, and height/depth maps, no polygons are harmed in the process in any way.
I simply added the 4 new images to the folder where the other image maps were and changed the lines in the the material file to point to the new files
What the flamboyant dude here is showing us is specularity
the diffuse colour image map below is completely devoid of purple
all of the purple on the dude is coming from the specular colour map
which I made purple to see how much the specular colour affects the look
I have read that putting colors opposite the diffuse gives interesting effects.
from opening the md5 file to extract the low poly mesh for texturing to exporting the maps from 3d coat and changing the material file took 20 minutes to make the standard marine tech look all bumped out and green with purple specularity.
This image is again showing the power of specularity as the reflection in the mirror of the painting behind the player has large black areas that are raised and shiny - specularity and bump on a blog surface! The blog is a single 6 sided polygon, yet we are getting rendered bump and specular lighting detail in that space.
The mirror is pretty but it slams the framerate.
it also comes with an sdk which has a visual c++ solution
not as easy as the unreal scripting
but you can do everything you want because its GPL
I was able to load it into VC++ 2005 express just fine
creating new entities requires you to write a definition file
which is basically a class extension script
and that can be done without any compiling
but you can't just click in the editor and extend a class
you have to manually write a .def file
ITs not as easy to extend the programming without actual visual c++, but importing bum[p mapped meshes alone makes it a big favorite.
It is SOOOOOOOO picky about leaking light in rooms
make backup copies always as you go
but its pretty
even though its a military sim
no civilians if that's what your game is
but good for outer space and alien stuff.
the gui materials totally rock too.
The simple low poly mesh shown earlier, plus these 4 image maps below, creates the interesting final result in the game engine.
The original diffuse and local space tangent normal map are seen as well as the modified maps. The specular is the stock one, with simple colorization and spinning the hue to the opposite of green, increasing the contrast, and lowering the brightness. If it was even lowered more the results would be more subtle.
Maybe 40 minutes was spent to create the demonstration here, and the original mesh was never touched, it was only used as a reference base for the uv painting in 3d coat.
Beyond the need for optimization and frugal shader use, the idtech 4 engine gives beautiful color, bump, and light rendering. The normal maps rock.
Its GPL so you can create your own games with it without a license, but you would have to strip away the Prey, Quake4 or Doom3 related assets.
The hud and PDA/video/audio log system is accesible.
The editor sux. Maybe you could make a better one. When everyone else was using radiant on Quake 1 and 2 maps I was using hammer and glad to not be as 'leet as them. I can't right click and get the properties of an object, yet they insist on taking up about a thousand pixels of my screen space with f#$%#$% windows toolbars and window decorations. Grrr. Programmer geeks just don't get interface design. I will one day create an intelligent editor that will just make a bloody room with a door and you can drag out to extend the hallways, double click to make new roooms or caves, or buildings, and right click bloody everything and drag its handles to wet your panties. But I swore I would never become a programmer.
Map sections can be built completely in a 3d package as long as you can save it into .lwo or .ase with uv mapping. I think that's why they neglect the editor, they actually design large sections of maps directly in a 3d package like maya, lightwave, or max.
BSP is very picky in idtech4, save often.
There isn't a conversation system, and there are no real civilian assets, so if your game is not military in nature you would have to make an md5 workflow and import some character assets.
A couple vehicles are included, but they are military as well.
There is a vehicle mod for Doom 3 that has a nice regular jeep in it that works good, and I believe that mod can be tweaked into quake 4, but there doesn't seem to be one there by default, just the walker and the tank.
I personally haven't figured out the head system yet. I think the entiy .def files for each soldier that isn't generic contain the specific heads, decals, etc. but they often share the same base mesh.
In contrast, if you were to use Deus Ex to previs your design you have approximately 90+ discreet civilians to start with that are already subclassed. But it isn't GPL.
I like the Prey engine and assets,
which is basically the same as Doom 3 and Quake 4
but I like the gravity mechanics and the base creatures/entities
Note the line in the config file
everything elde is set at high quality
but I had to set this flag to "0" in order to use the uncompressed TGA textures instead of the DDS ones
I copuld not successfully make a normalmap into a dds for prey
so I set this flag and voila!
I now have uncompressed textures and normal maps on my dead alien
as you can see by the ostentatious pink and red bumpy lines made in 3d coat
I also gained a 3x longer load time
=(
It was worth it.
notice the bumps and different coloured cells on the gun as well
you can tweak a lot of the glow effects with simple images
and it has texture swaps for bloodied versions as you can see by the farther dead alien that has a dark purple head and yellow on his legs.
I accidentally whacked the tooth alpha as you can also see.
I understand from exploring this that you could basically put anything from doom 3 or quake 4 or prey all into the same base engine and it will work with tweaking.
I am unable to successfully run the prey editor and dark radiant doesn't like its textures, but all of these examples are just done with image maps and no modelling or level changes.
I am trying to get the editor to run and if I find the secret where it doesn't freeze my video card and force me to restart, I'll pass it along, beause the gravity effects are fun for puzzles.
I think I might even become hooked on idtech 4 if I can optimize the game rendering settings a bit.
The main drawback is the need to use a complex debugging and compiling environment for building in anything that isn't in the engine.
And radiant. Ugh.
I think a lot of people would use idtech 4 for development if it had the following:
1. A new editor with a decent fullscreen texture browser,
2. gui's for layered image map material creation and management.
3. an entity subclassing/creation dialog
4. disable advanced shaders and make a dx9c compatible version based on minimal shader use and the focus on image maps for texturing.
5. Some prefabs and a few civilian characters
6. Make a stripped down idtech 4 that contains a couple of weapons and characters and maps that are gpl as well. Remove it from its d3/q4/prey base.
7. Package it with a minimal IDE and a compiler. That VC++ along with the windows platform sdk is about 2 G. There must be another solution.
8. A dialog tree with triggers woulkd expand it.
9. Some code examples or updates, like regular vehicles, rpg style inventory management, etc. in templates.
With one of these 3 games as a base there is plenty of assets to tell a story with or previs, but stripping and repackaging the game is difficult and so you would be stuck with modding them unless you stripped and repackaged it yourself.
There is also an MD5 plugin for blenderand a script for max for exporting at Katsbits http://www.katsbits.com/
simply adding a glow texture and linking to it with a blend add function gives you some great effects. The glow image can be small 64x64 or large and intricately detailed. In the script you see rgb 1, zero is black and point sizes are in between. This section can also link to an equatio, trigger or function to increase the glow dynamically according to parameters initiated in the game, such as glowing turning on or of according to an entity death or a trigger.. but 1 or less just makes the image glow. R,G,B can also be set each on a line with its own value for simple colour altering of the glow. glow images should be mostly black and you can use the diffuse map as a guide to draw them.
if you look in the editor image, the holes on the wall there are not geometry, they are a normal mapped and bumped material on a flat geometric block.
This is the shortcut string you need to use for prey editor. The multisample flag is necessary or it will flake.
PREY.exe +set r_fullscreen 0 +r_gamma 1 +set r_multiSamples 0 +editor +set fs_game cdtmod
If you are going to work with idtech 4 and don't have lightwave, this tool called noesis may help you with the MD5 format.
http://oasis.xentax.com/
http://oasis.xentax.com/files/noesisv40964.zip
My next round of tests is something I've been working on for a number of years, but was waiting for the engine rendering to be good enough, I am going to make a virtual gallery using UT2k4 and another using idtech4 and see how just a simple room with paintings renders in each engine.
So in looking for a base engine to start building a game on, it matters whether you can modify it and also sell a game built on it without paying exorbitant licensing fees.
The base Idtech4 engine is now about 10+ years old.
I believe the terms of its use are basically that you can make and distribute and sell your game provided that you also allow your code base to be viewed and modified. If you don't want anyone to be able to have your base code modifications you would be breaching gpl and have to pay licensing fees.
The idech4 source code was released many years ago with nothing serious coming from it.
I was wondering why.
So I downloaded all the main forks of idtech4 and compiled them.
iodoom compiled but sucked
the gpl base compiled, but a lot of new code for multiprocessing is in the BFG edition of the code so I looked for a fork off that.
The base Doom3-BFG-Master repository did not compile on VS2010 with an error in the joint section of model.h, which has significant differences from the base d3 version so you can't just use the old one.
I then found RBDOOM-3-BFG-master, which contains all of the BFG edition code, adds some glshaders that are good on newer cards, and the author of the fork has made some effort to clean up and organize the source. It compiled and ran with some gl errors in the exe, but it did run. Download the master zip at the repository here https://github.com/RobertBeckebans/RBDOOM-3-BFG
RBDOOM-3-BFG-master also needs a program called cmake as the base build is made from a linux source and can be used to make a cross compiling(it will create windows and mac binaries as well) build on a linux machine, but I was using vs2010 in all its disgusting bloated glory in xp and I was able to generate a working vs2010 solution from the source in the zip repository by using the win32 cmake gui.
For those of you that hate microstink, you can actually compile this doom3 engine on a linux box with no microsoft libraries and no vc2010. vc2010+dx_sdk+MSWinSdk=4.5G!!!
I hate the MS IDE and libraries, I believe it is possible to compile idtech4 D3BFG on windows using mingw with a couple small community made libraries and the scons project. I am currently examining this other method of compiling in windows with cygwin/mingw and an alternative IDE. Bloated ide's bug me soooo much.
The RBDoom project has solutions for the eclipse IDE as well as VC express from 2002 to 2012.
I found if you copy the bloated directx sdk folder to the projects folder you are building life get easier.
Anyway, I blah blah blahed this and that and ended upp with a nicely compiled executeable which works as well as I can see at this point.
The main problem with idtech 4 is no one has built a nice base package for it
it comes with no interface or anything and there is no set of base template content or even a player model.
No one has stepped up and made a base package yet
because a list of necessary startup assets isn't there yet.
Anyway.
If you want build a game from scratch and sell it, RBDOOM-3-BFG-master might compile properly for you to build off.
You are on your own from there though, as documentation is sparse and other user support in forums is a non newbie friendly geekzone of hardcore programmers. RBDoom is the neatest and most organized.
A nice thing about idtech4 is that many entity definitions can be created with scripts, so with a good basic package you could extend the game and use it quite well without recompiling the base solution.
I personally find Q-Dir useful for copy-pasting paths and notepad++ indispensible for browsing the source directories. You can make a Doom 3 source workspace and have the different dev builds under different projects there and load the folder structure into the project. N++ also loads the image and model folder structures which helps in pasting filenames into the scripts you are working with.
Maybe someone could make a bare set of assets for D3 like Torque3D has.
http://www.garagegames.com/products/torque-3d
You might be able to build off torque from MIT, many people have made games with it and it is a flexible engine with working (Swap RGB in the nvidia filter without inversions, as you see from the orange not blue .dds) normal mapping. It builds and runs fast on my machine and you can actually be up and running in minutes with your own dev build.
If you are not really a code person, but want to begin to get your feet wet, Torque is really very good. The core emty and full projects are about 350 megs and all the source is simplistic and available. It is the opposite of idtech, but of course, idech4 looks better than the older Tribes engine powering the free Torque.
The editor gui itself is ceated with scripts and all gui elements and the assets of the entire engine and editors are modifiable without recompiling anything. It can generate project files for other IDE's, but I find notepad++ fine for browsing through it and xnview for browsing the image elements.
Someone needs to write some importers for it as you need to basically use an older version of xsi to write nice .dae files for it as it has no other import modules, but it does have nice performance with large normal and texture maps. Terrains are very smooth at about 5k, and there is vehicle and flying machine code.
I'm starting to warm up to Torque a lot. I like the open perspective interface that runs the game logic as you are building. I don't like the .dae only 3d import, but if you use softimage xsi 6 or above the collada 1.4 import/export woks excellent and all clusters, nulls, mount points, lights, textures, etc. transfer well. I have been unable to find any other 3d package with .dae support that transfers things back and forth to torque, but I began my 3d explorations with softimage 3D from the irix to NT port 20 years ago.
The Torque world editor has an EXCELLENT shape editor for imported meshes. As you can see, you can ADD MOUNT POINTS and nulls and clusters and bones! It is so excellent to be able to add a mount point, light, camera point, particle emission null, etc. right in the editor and move the positions of them without having to load up the design package again.
The old softimage I learned on:
There is also OGRE3D and Irrlicht but they are very geek oriented game engines. If you want to use ogre3d thoug, with its bump and normal mapping and even occlusion mapping, then this is a better start: Ogre-Irrlicht GameKit which is not just the bare bones ogre, but has OGL, animation, mouse, sound, bones, physics, etc. all linked up already as you can see on the left of the VS2010 in the background which was used to compile it. Its a good starting base and it compiled and ran better right off than the base ogre which has nothing linked up by default. be Warned, both ogre and irrlicht use the horrible online only wiki docs that GNU crap is famous for, so you can't study unless you download all the pages of dox you want. I have an offline dev box so its a super pain. But GameKit made me happy with Ogre3d as it compiled and ran perfectly.
I like this the best in the repository:
Its blender 2.5 with the gamekit latest build installed and the executeable for both dx and pure ogl.
I am currently working on im[plementing the bump mapping normal map shaders to import files.
Anything that can import into blender will go into it!!!
It is waaaaay cool.
Gamekit-blender-2.54-beta-windows32
http://code.google.com/p/gamekit is the main repository
I figured out the .dds localmap problem so I can work with the compressed normal maps in my mod folder, speeding up dev test time:
Doom 3 uses the ATI compressionator program
not the nvidia dds tools
from katsbits:
IMPORTANT NOTE
The UberCompression filter needed by this tutorial to get correctly functioning RxGB compressed normal maps (with or without alpha channels (masks)) for Doom 3 powered games has been removed from the general application interface. At time of writing it's not known if the ability to compress via the command line method is still viable.
To create 'correctly' compressed DDS files download the Compressonator v1.21 from the link provided below.
Please note: this is the officially released version of the tool and not some hacked and redistributed file. It is provided in a zip file 'as is'..
Download idtech 4 compatible Compressonator from katsbits
Note : There's a potential problem some may have when installing the Doom 3 compatible version of the Compressonator onto a fresh Windows (cleaned) install. Apparently ATI didn't include a couple of commonly used DLL files in the *.msi self extracting installer as they were most likely relying on the missing files to have been installed by other programs. It does mean however, the program errors out because it can't find them.
There is a temporary 'fix' for this (reported but not doubled checked) which requires the installation of the new version of the Compressonator, which does appear to include the missing DLL files. However, once that is installed it (and the DLL files placed) it may need to be uninstalled as it potentially causes conflicts with the older version. A recent test with both applications installed didn't reveal any problems so this may not effect everyone if indeed anyone.
What are DDS exactly? ^
DDS is an acronym for 'Direct Draw Surface' and as you might guess from the reference to 'Direct Draw', it's part of Microsoft's graphics 'API' (Application Program Interface) for their Windows operating system environment; Direct X to you and me!. What it's for, or rather, what it does, is allow content creators the ability to compress images using a number of different algorithms depending on the needs of the content originators; Doom 3 powered games for instance use 3 different algorithms for the assets used in game; DXT1, DXT3 and DXT5. This tutorial will cover DXT5 and the compression of a localmap (normalmap).
Another tool that is useful is Njob
http://charles.hollemeersch.net/njob
And I often use a couple of the extra utilities in xNormal
As an ending?
I actually think I am switching to idtech 4 since I am a bump map normal map fanatic.
If I could get basic profile occlusion from the normal mapping I would be in heaven.
Its not such a great engine for large outdoor stuff,
but the patch meshes, glow textures, normal maps, triggered and emissive textures, and nice specularity effects rock. I like every test map I have better than the ut ones.
The vehicle support sux, but its there
So I'm going to start building from there...
Type editguis in d3, q4, or prey for the gui editor. The pdaa editor is editpdas
The idtech boyz do military sims
they have incredible gear
and their games have always ground down the best consumer machines of the day of their release
I finally decided to give them a good look, choppy framerates and all
They have beautiful rendering in the game engine, they support normal, bump, and specularity maps
Models and animations are done in Lightwave by the developers but you can use other things and milkshape converts to and from md5
I used this:
http://www.clintons3d.com/lightwave/
it has a 6 page step by step tutorial about exporting an animated mesh from LW
but you can model in something else and use either milkshape or lw to convert
or mirex's Biturn http://mirex.mypage.sk/FILES/bi088.rar
but for anything other than an animated mesh, importing and mapping is really easy
I have a thing called the doom material editor which helped with surface flags (translucent, mirror, two sided, etc.) but straight textures and mapping meshes is easy
a lot can be done in 3d coat or another package with just the 4 image maps
the uv's are all that matter.
I REALLY HATE RADIANT.
That's the level editor
I hate it
I've always hated it
I think I always will.
Too much clicking, a nonstandard interface, its just wierd to me.
But I suffered through and can use it enough to do what I need.
Optimizing levels is hard
On even a small room, one misoptimized mesh or large texture can slag the FPS.
But its pretty, and it has bumps.
oooh. bumps. so nice...
the bumps on the chest and the legs scales are 3d coat normal and bump
Material definition files allow textures to consist of diffuse, bump and specular on brush materials
a huge bonus!
This is the game mesh
very low polys
none of the work that makes this look like in game is done to the mesh
the only thing being modified are the 4 image maps for diffuse colour, normal tangent space, specular, and height/depth maps, no polygons are harmed in the process in any way.
I simply added the 4 new images to the folder where the other image maps were and changed the lines in the the material file to point to the new files
What the flamboyant dude here is showing us is specularity
the diffuse colour image map below is completely devoid of purple
all of the purple on the dude is coming from the specular colour map
which I made purple to see how much the specular colour affects the look
I have read that putting colors opposite the diffuse gives interesting effects.
from opening the md5 file to extract the low poly mesh for texturing to exporting the maps from 3d coat and changing the material file took 20 minutes to make the standard marine tech look all bumped out and green with purple specularity.
This image is again showing the power of specularity as the reflection in the mirror of the painting behind the player has large black areas that are raised and shiny - specularity and bump on a blog surface! The blog is a single 6 sided polygon, yet we are getting rendered bump and specular lighting detail in that space.The mirror is pretty but it slams the framerate.
it also comes with an sdk which has a visual c++ solution
not as easy as the unreal scripting
but you can do everything you want because its GPL
I was able to load it into VC++ 2005 express just fine
creating new entities requires you to write a definition file
which is basically a class extension script
and that can be done without any compiling
but you can't just click in the editor and extend a class
you have to manually write a .def file
ITs not as easy to extend the programming without actual visual c++, but importing bum[p mapped meshes alone makes it a big favorite.
It is SOOOOOOOO picky about leaking light in rooms
make backup copies always as you go
but its pretty
even though its a military sim
no civilians if that's what your game is
but good for outer space and alien stuff.
the gui materials totally rock too.
The simple low poly mesh shown earlier, plus these 4 image maps below, creates the interesting final result in the game engine.
The original diffuse and local space tangent normal map are seen as well as the modified maps. The specular is the stock one, with simple colorization and spinning the hue to the opposite of green, increasing the contrast, and lowering the brightness. If it was even lowered more the results would be more subtle.
Maybe 40 minutes was spent to create the demonstration here, and the original mesh was never touched, it was only used as a reference base for the uv painting in 3d coat.
Beyond the need for optimization and frugal shader use, the idtech 4 engine gives beautiful color, bump, and light rendering. The normal maps rock.
Its GPL so you can create your own games with it without a license, but you would have to strip away the Prey, Quake4 or Doom3 related assets.
The hud and PDA/video/audio log system is accesible.
The editor sux. Maybe you could make a better one. When everyone else was using radiant on Quake 1 and 2 maps I was using hammer and glad to not be as 'leet as them. I can't right click and get the properties of an object, yet they insist on taking up about a thousand pixels of my screen space with f#$%#$% windows toolbars and window decorations. Grrr. Programmer geeks just don't get interface design. I will one day create an intelligent editor that will just make a bloody room with a door and you can drag out to extend the hallways, double click to make new roooms or caves, or buildings, and right click bloody everything and drag its handles to wet your panties. But I swore I would never become a programmer.
Map sections can be built completely in a 3d package as long as you can save it into .lwo or .ase with uv mapping. I think that's why they neglect the editor, they actually design large sections of maps directly in a 3d package like maya, lightwave, or max.
BSP is very picky in idtech4, save often.
There isn't a conversation system, and there are no real civilian assets, so if your game is not military in nature you would have to make an md5 workflow and import some character assets.
A couple vehicles are included, but they are military as well.
There is a vehicle mod for Doom 3 that has a nice regular jeep in it that works good, and I believe that mod can be tweaked into quake 4, but there doesn't seem to be one there by default, just the walker and the tank.
I personally haven't figured out the head system yet. I think the entiy .def files for each soldier that isn't generic contain the specific heads, decals, etc. but they often share the same base mesh.
In contrast, if you were to use Deus Ex to previs your design you have approximately 90+ discreet civilians to start with that are already subclassed. But it isn't GPL.
I like the Prey engine and assets,
which is basically the same as Doom 3 and Quake 4
but I like the gravity mechanics and the base creatures/entities
Note the line in the config file
everything elde is set at high quality
but I had to set this flag to "0" in order to use the uncompressed TGA textures instead of the DDS ones
I copuld not successfully make a normalmap into a dds for prey
so I set this flag and voila!
I now have uncompressed textures and normal maps on my dead alien
as you can see by the ostentatious pink and red bumpy lines made in 3d coat
I also gained a 3x longer load time
=(
It was worth it.
notice the bumps and different coloured cells on the gun as well
you can tweak a lot of the glow effects with simple images
and it has texture swaps for bloodied versions as you can see by the farther dead alien that has a dark purple head and yellow on his legs.
I accidentally whacked the tooth alpha as you can also see.
I understand from exploring this that you could basically put anything from doom 3 or quake 4 or prey all into the same base engine and it will work with tweaking.
I am unable to successfully run the prey editor and dark radiant doesn't like its textures, but all of these examples are just done with image maps and no modelling or level changes.
I am trying to get the editor to run and if I find the secret where it doesn't freeze my video card and force me to restart, I'll pass it along, beause the gravity effects are fun for puzzles.
I think I might even become hooked on idtech 4 if I can optimize the game rendering settings a bit.
The main drawback is the need to use a complex debugging and compiling environment for building in anything that isn't in the engine.
And radiant. Ugh.
I think a lot of people would use idtech 4 for development if it had the following:
1. A new editor with a decent fullscreen texture browser,
2. gui's for layered image map material creation and management.
3. an entity subclassing/creation dialog
4. disable advanced shaders and make a dx9c compatible version based on minimal shader use and the focus on image maps for texturing.
5. Some prefabs and a few civilian characters
6. Make a stripped down idtech 4 that contains a couple of weapons and characters and maps that are gpl as well. Remove it from its d3/q4/prey base.
7. Package it with a minimal IDE and a compiler. That VC++ along with the windows platform sdk is about 2 G. There must be another solution.
8. A dialog tree with triggers woulkd expand it.
9. Some code examples or updates, like regular vehicles, rpg style inventory management, etc. in templates.
With one of these 3 games as a base there is plenty of assets to tell a story with or previs, but stripping and repackaging the game is difficult and so you would be stuck with modding them unless you stripped and repackaged it yourself.
There is also an MD5 plugin for blenderand a script for max for exporting at Katsbits http://www.katsbits.com/
simply adding a glow texture and linking to it with a blend add function gives you some great effects. The glow image can be small 64x64 or large and intricately detailed. In the script you see rgb 1, zero is black and point sizes are in between. This section can also link to an equatio, trigger or function to increase the glow dynamically according to parameters initiated in the game, such as glowing turning on or of according to an entity death or a trigger.. but 1 or less just makes the image glow. R,G,B can also be set each on a line with its own value for simple colour altering of the glow. glow images should be mostly black and you can use the diffuse map as a guide to draw them.
if you look in the editor image, the holes on the wall there are not geometry, they are a normal mapped and bumped material on a flat geometric block.
This is the shortcut string you need to use for prey editor. The multisample flag is necessary or it will flake.
PREY.exe +set r_fullscreen 0 +r_gamma 1 +set r_multiSamples 0 +editor +set fs_game cdtmod
If you are going to work with idtech 4 and don't have lightwave, this tool called noesis may help you with the MD5 format.
http://oasis.xentax.com/
http://oasis.xentax.com/files/noesisv40964.zip
My next round of tests is something I've been working on for a number of years, but was waiting for the engine rendering to be good enough, I am going to make a virtual gallery using UT2k4 and another using idtech4 and see how just a simple room with paintings renders in each engine.
So in looking for a base engine to start building a game on, it matters whether you can modify it and also sell a game built on it without paying exorbitant licensing fees.
The base Idtech4 engine is now about 10+ years old.
I believe the terms of its use are basically that you can make and distribute and sell your game provided that you also allow your code base to be viewed and modified. If you don't want anyone to be able to have your base code modifications you would be breaching gpl and have to pay licensing fees.
The idech4 source code was released many years ago with nothing serious coming from it.
I was wondering why.
So I downloaded all the main forks of idtech4 and compiled them.
iodoom compiled but sucked
the gpl base compiled, but a lot of new code for multiprocessing is in the BFG edition of the code so I looked for a fork off that.
The base Doom3-BFG-Master repository did not compile on VS2010 with an error in the joint section of model.h, which has significant differences from the base d3 version so you can't just use the old one.
I then found RBDOOM-3-BFG-master, which contains all of the BFG edition code, adds some glshaders that are good on newer cards, and the author of the fork has made some effort to clean up and organize the source. It compiled and ran with some gl errors in the exe, but it did run. Download the master zip at the repository here https://github.com/RobertBeckebans/RBDOOM-3-BFG
RBDOOM-3-BFG-master also needs a program called cmake as the base build is made from a linux source and can be used to make a cross compiling(it will create windows and mac binaries as well) build on a linux machine, but I was using vs2010 in all its disgusting bloated glory in xp and I was able to generate a working vs2010 solution from the source in the zip repository by using the win32 cmake gui.
For those of you that hate microstink, you can actually compile this doom3 engine on a linux box with no microsoft libraries and no vc2010. vc2010+dx_sdk+MSWinSdk=4.5G!!!
I hate the MS IDE and libraries, I believe it is possible to compile idtech4 D3BFG on windows using mingw with a couple small community made libraries and the scons project. I am currently examining this other method of compiling in windows with cygwin/mingw and an alternative IDE. Bloated ide's bug me soooo much.
The RBDoom project has solutions for the eclipse IDE as well as VC express from 2002 to 2012.
I found if you copy the bloated directx sdk folder to the projects folder you are building life get easier.
Anyway, I blah blah blahed this and that and ended upp with a nicely compiled executeable which works as well as I can see at this point.
The main problem with idtech 4 is no one has built a nice base package for it
it comes with no interface or anything and there is no set of base template content or even a player model.
No one has stepped up and made a base package yet
because a list of necessary startup assets isn't there yet.
Anyway.
If you want build a game from scratch and sell it, RBDOOM-3-BFG-master might compile properly for you to build off.
You are on your own from there though, as documentation is sparse and other user support in forums is a non newbie friendly geekzone of hardcore programmers. RBDoom is the neatest and most organized.
A nice thing about idtech4 is that many entity definitions can be created with scripts, so with a good basic package you could extend the game and use it quite well without recompiling the base solution.
I personally find Q-Dir useful for copy-pasting paths and notepad++ indispensible for browsing the source directories. You can make a Doom 3 source workspace and have the different dev builds under different projects there and load the folder structure into the project. N++ also loads the image and model folder structures which helps in pasting filenames into the scripts you are working with.
Maybe someone could make a bare set of assets for D3 like Torque3D has.
http://www.garagegames.com/products/torque-3d
You might be able to build off torque from MIT, many people have made games with it and it is a flexible engine with working (Swap RGB in the nvidia filter without inversions, as you see from the orange not blue .dds) normal mapping. It builds and runs fast on my machine and you can actually be up and running in minutes with your own dev build.
If you are not really a code person, but want to begin to get your feet wet, Torque is really very good. The core emty and full projects are about 350 megs and all the source is simplistic and available. It is the opposite of idtech, but of course, idech4 looks better than the older Tribes engine powering the free Torque.
The editor gui itself is ceated with scripts and all gui elements and the assets of the entire engine and editors are modifiable without recompiling anything. It can generate project files for other IDE's, but I find notepad++ fine for browsing through it and xnview for browsing the image elements.
Someone needs to write some importers for it as you need to basically use an older version of xsi to write nice .dae files for it as it has no other import modules, but it does have nice performance with large normal and texture maps. Terrains are very smooth at about 5k, and there is vehicle and flying machine code.
I'm starting to warm up to Torque a lot. I like the open perspective interface that runs the game logic as you are building. I don't like the .dae only 3d import, but if you use softimage xsi 6 or above the collada 1.4 import/export woks excellent and all clusters, nulls, mount points, lights, textures, etc. transfer well. I have been unable to find any other 3d package with .dae support that transfers things back and forth to torque, but I began my 3d explorations with softimage 3D from the irix to NT port 20 years ago.
The Torque world editor has an EXCELLENT shape editor for imported meshes. As you can see, you can ADD MOUNT POINTS and nulls and clusters and bones! It is so excellent to be able to add a mount point, light, camera point, particle emission null, etc. right in the editor and move the positions of them without having to load up the design package again.
The old softimage I learned on:
There is also OGRE3D and Irrlicht but they are very geek oriented game engines. If you want to use ogre3d thoug, with its bump and normal mapping and even occlusion mapping, then this is a better start: Ogre-Irrlicht GameKit which is not just the bare bones ogre, but has OGL, animation, mouse, sound, bones, physics, etc. all linked up already as you can see on the left of the VS2010 in the background which was used to compile it. Its a good starting base and it compiled and ran better right off than the base ogre which has nothing linked up by default. be Warned, both ogre and irrlicht use the horrible online only wiki docs that GNU crap is famous for, so you can't study unless you download all the pages of dox you want. I have an offline dev box so its a super pain. But GameKit made me happy with Ogre3d as it compiled and ran perfectly.
I like this the best in the repository:Its blender 2.5 with the gamekit latest build installed and the executeable for both dx and pure ogl.
I am currently working on im[plementing the bump mapping normal map shaders to import files.
Anything that can import into blender will go into it!!!
It is waaaaay cool.
Gamekit-blender-2.54-beta-windows32
http://code.google.com/p/gamekit is the main repository
I figured out the .dds localmap problem so I can work with the compressed normal maps in my mod folder, speeding up dev test time:
Doom 3 uses the ATI compressionator program
not the nvidia dds tools
from katsbits:
IMPORTANT NOTE
The UberCompression filter needed by this tutorial to get correctly functioning RxGB compressed normal maps (with or without alpha channels (masks)) for Doom 3 powered games has been removed from the general application interface. At time of writing it's not known if the ability to compress via the command line method is still viable.
To create 'correctly' compressed DDS files download the Compressonator v1.21 from the link provided below.
Please note: this is the officially released version of the tool and not some hacked and redistributed file. It is provided in a zip file 'as is'..
Download idtech 4 compatible Compressonator from katsbits
Note : There's a potential problem some may have when installing the Doom 3 compatible version of the Compressonator onto a fresh Windows (cleaned) install. Apparently ATI didn't include a couple of commonly used DLL files in the *.msi self extracting installer as they were most likely relying on the missing files to have been installed by other programs. It does mean however, the program errors out because it can't find them.
There is a temporary 'fix' for this (reported but not doubled checked) which requires the installation of the new version of the Compressonator, which does appear to include the missing DLL files. However, once that is installed it (and the DLL files placed) it may need to be uninstalled as it potentially causes conflicts with the older version. A recent test with both applications installed didn't reveal any problems so this may not effect everyone if indeed anyone.
What are DDS exactly? ^
DDS is an acronym for 'Direct Draw Surface' and as you might guess from the reference to 'Direct Draw', it's part of Microsoft's graphics 'API' (Application Program Interface) for their Windows operating system environment; Direct X to you and me!. What it's for, or rather, what it does, is allow content creators the ability to compress images using a number of different algorithms depending on the needs of the content originators; Doom 3 powered games for instance use 3 different algorithms for the assets used in game; DXT1, DXT3 and DXT5. This tutorial will cover DXT5 and the compression of a localmap (normalmap).
Another tool that is useful is Njob
http://charles.hollemeersch.net/njob
And I often use a couple of the extra utilities in xNormal
As an ending?
I actually think I am switching to idtech 4 since I am a bump map normal map fanatic.
If I could get basic profile occlusion from the normal mapping I would be in heaven.
Its not such a great engine for large outdoor stuff,
but the patch meshes, glow textures, normal maps, triggered and emissive textures, and nice specularity effects rock. I like every test map I have better than the ut ones.
The vehicle support sux, but its there
So I'm going to start building from there...
Type editguis in d3, q4, or prey for the gui editor. The pdaa editor is editpdas
Sunday, December 29, 2013
3D stuff
I found a new favorite program to go along with zbrush and silo.
its called 3D-coat and creates advanced normal and bump maps on low poly meshes.
Its fantastic
http://3d-coat.com/
Also
check out the free MakeHuman project
http://www.makehuman.org/content/download.html
all generated meshes have identical polygon counts and poly orders so you can shape morph between them
I really like makehuman, version .9 has a different mesh worth checking too.
If you use silo
this Silo Head Pack is a great learning and experimenting base:
http://www.sharecg.com/v/19083/3d-model/Human-Head-Pack-for-Silo-2
These are not my heads, you can search for Silo Head Pack and find the guy easy. They are awesome to study.
I've been experimenting with using 3d coat to make paths and details on UT2K4 terrain static meshes
You can see the low poly mesh subdivided once from a lwo hypernurbs in silo
All the detail is from the normal mapping and bump!
Its the same mesh
see how the low poly mesh looks fantastic with the normal map details?
The blobby was made in 3d coat with the voxel sculpting
this was then imported into zbrush after being optimized from 240000 polys down to 70000 polys and the normal map was applied as displacement in zbrush. The red is to track contours for uv mapping which had to be flipped on the u or v on import into zbrush. So I have imported texture and depth into zbrush.
the 4 maps for a doom weapon model can be exported directly from 3d coat right into the mod folder
the mesh was extracted from the md5 using a lightwave export pugin and the normal and texture maps from the game load directly into 3d coat with mapping active
very nice
the voxel sculpting is cool for roots and muscles and pipes and stuff
doom 3 machine gun 3d coated.
Killing zombies is better with a pink machine gun.
As you can see below I haven't pinkified the world mesh yet, just the view model.
These are from Celestia, the best solar system universe sim with nasa connections
it is way cool..
http://www.celestiamotherlode.net/
this is just a wierd thing I'm doing in max 9 with displacement on a plane
then I used c4d because I could get a denser plane mesh
the last is a zbrush displacement, which is hard to tweak
and here is a youtube version of a different painting with animation:
http://youtu.be/5TQ9Yyr-g7A
Yed is a tool you can use to create dialog maps
its called 3D-coat and creates advanced normal and bump maps on low poly meshes.
Its fantastic
http://3d-coat.com/
Also
check out the free MakeHuman project
http://www.makehuman.org/content/download.html
all generated meshes have identical polygon counts and poly orders so you can shape morph between them
I really like makehuman, version .9 has a different mesh worth checking too.
If you use silo
this Silo Head Pack is a great learning and experimenting base:
http://www.sharecg.com/v/19083/3d-model/Human-Head-Pack-for-Silo-2
These are not my heads, you can search for Silo Head Pack and find the guy easy. They are awesome to study.I've been experimenting with using 3d coat to make paths and details on UT2K4 terrain static meshes
You can see the low poly mesh subdivided once from a lwo hypernurbs in silo
All the detail is from the normal mapping and bump!
Its the same mesh
see how the low poly mesh looks fantastic with the normal map details?The blobby was made in 3d coat with the voxel sculptingthis was then imported into zbrush after being optimized from 240000 polys down to 70000 polys and the normal map was applied as displacement in zbrush. The red is to track contours for uv mapping which had to be flipped on the u or v on import into zbrush. So I have imported texture and depth into zbrush.
the 4 maps for a doom weapon model can be exported directly from 3d coat right into the mod folderthe mesh was extracted from the md5 using a lightwave export pugin and the normal and texture maps from the game load directly into 3d coat with mapping active
very nice
the voxel sculpting is cool for roots and muscles and pipes and stuffdoom 3 machine gun 3d coated.Killing zombies is better with a pink machine gun.
As you can see below I haven't pinkified the world mesh yet, just the view model.
These are from Celestia, the best solar system universe sim with nasa connections
it is way cool..
http://www.celestiamotherlode.net/
this is just a wierd thing I'm doing in max 9 with displacement on a plane
then I used c4d because I could get a denser plane mesh
the last is a zbrush displacement, which is hard to tweak
and here is a youtube version of a different painting with animation:
http://youtu.be/5TQ9Yyr-g7A
Yed is a tool you can use to create dialog maps
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