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 suits seems tempting, the fact is that some acts of malpractice result in the need for expensive lifelong treatment for the victim, which may not be covered under those caps. Therefore, medical malpractice...
The three adults I spoke with all believed that medical malpractice lawsuits should be capped. They cited malpractice suits as one of the major reasons for today's exorbitant health insurance rates, and suggested that if comprehensive health care were more affordable, even damaged patients would be assured of life-long care, without having to rely upon limitless recoveries in malpractice suits. While this argument is appealing, it would be necessary to first ensure that all Americans had access to affordable health insurance before implementing such a program.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
After that great war, the black soldiers of the very nation that liberated Europe and Asia from murderous dictatorships returned home to social rules that prohibited their sharing water fountains and food services next to the white majority (Nevins & Commager). Civil Rights as a Fundamental Social Value: Before respectfully issuing my recommendations to the Elders as requested, I would like to outline the most important principles that I believe the
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
John Locke's social theory not only permits disobedience but also a revolution if the State violates its side of the contract. Martin Luther King, Jr. says that civil disobedience derives from the natural law tradition in that an unjust law is not a law but a perversion of it. He, therefore, sees consenting to obey laws as not extending or including unjust laws. At present, a new and different form
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