Civil Law There Will Be Essay

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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 of Mr. Nelson had he lived.

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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….....

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