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...
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