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Often, settlements are not agreed to by some plaintiffs because they wanted more and would rather settle the matter in a full blown court proceeding.
One of the major problems with civil lawsuits is the amount of damages granted by the jury. In the case of medical malpractice, the amount of $40,000,000 seem excessive although the details of the case is not available to really determine the validity of the damage awarded. However, it is always more prudent for malpractice lawsuits to have a cap as to damage awarded since if there will not be one, medical insurance premiums for doctors will rise and this will in turn be recovered from paying patients. Indeed, it is always better to have standard damage awards based on the needs of the individual plaintiff. This means that in the case of James Nelson's widow, the damaged awarded could be commensurate to the future earning capacity...
Nelson had he lived. More than likely, Mr. Nelson will not earn $40,000,000 in his lifetime had he lived unless he is one of those rich individuals belonging to the eight-figure economic income bracket.
One person interviewed stated that he agreed to the amount given while the two interviewed found it too much. I tend to agree with the two who found it excessive especially since this will bring about increase in malpractice insurance rates and higher charging of medical practitioners to patients. Thus, it is best if the government will bring about legislation that will provide acceptable formula on how malpractice damages are awarded so that civil lawsuits will do away with outrageously high sums given by the jury as damages. The standard formula will be a win-win solution for all parties since it takes into consideration various factors involved in the matter.
Civil law has a long history, dating all the way back to Roman times, and remains the dominant legal tradition in many countries including Central and South America and most of Europe. Civil law tradition was gathered into a comprehensive summary including all facets of Roman law by the Emperor Justinian in the sixth century, but this was based on centuries of Roman tradition. It became the basis of what
Civil Law Tort Law Tort law deals with causing personal injury or harm to another in a non-criminal manner. Negligence is the most often cause for violations of tort law. Private security officers need to understand this concept due to the unique nature of their job. Negligence can be claimed if reasonable care is not taken by the officer in the course of his duties. As an authority figure, reasonable care is
Obviously, if the doctors were following established medical procedures and the patient died, such an award seems ridiculous. However, if the doctors lied about the treatment being received or refused to treat a patient because of a personal characteristic, such as race or religion, then such a huge award would send a message to other doctors not to engage in such behavior. While capping award amounts in medical malpractice
Business Law The Differences between Civil Law and Criminal Law: To a layman who is not familiar with the various concepts of Law, criminal Law may be more familiar because of intense interest in criminal cases that are tried in courts of law and the resulting media coverage. Civil law however, is quite an unknown subject. The differences between the two are many. In criminal law, the government generally files the litigation
Justice Systems The author of this report has been asked to answer several questions relating to comparative justice systems. Topics that will be discussed will include the concept of professed values vs. underlying values and the conflicts that can exist between the two, the primary sources of international crime statistics along with the strengths and weaknesses of the same, whether we can compare crime rates across nations, the dangers inherent
Acceptance must be made by an intended party to the contract and must be understood by the offerer before he withdraws or retracts the offer. And consideration is some forebearance on the part of both sides to make a contract enforceable. For instance, a simple promise is not enforceable. However, when a grandfather promises to pay his grandson $5 for every 'A' in school, and the grandson agrees, there is an