In Canada, the malpractice association we have is fundamentally different.
The CMPA (The Canadian Medical Protection Association) is nationwide physician malpractice insurance, and participation is mandatory. A doctor is not allowed to shop around for good insurance, it is a one stop deal.
When litigation is started, physicians feel as if they have something to lose, collectively, if the case is successful. Therefore, the CMPA fights every case of malpractice as if the world were ending. It is often hard to find expert testimony to support a claim, because doctors do not want to be seen as "going against the family".
Then again, looking at the rationale behind such a high number (40 million, damn, I like the way that feels when I type it) the article states
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Her lawyer, Robert Higgins, said the verdict...apparently stemmed from the severity of Philip Antonelli's injuries and the care he will need for the rest of his life.
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In a nation where care is heavily subsidized (NOT FREE, as people think) an award would be more appropriate around 1 million, or even much less.
Look at the slippery slope your baloon awards have put you (collectively) on:
Big Damage award to pay for expensive care
Doctors charge huge prices to pay for expensive malpractice insurance
Malpractice insurance is very expensive to pay for future Big Damage awards.
Our countries have alot to learn from each other... You guys need to cap the damages, and we need to allow private malpractice insurance.
To further steer conversation, didn't the US federal government just re-calculate the cost of a human life at around 4 million? If a loved one dies due to the actions of a federal agent, then supposedly the government owes your family 4M$, give or take... And this family gets 10 times that amount, to pay for future care???
What kind of gold-plated-bed-pan is this kid going to sit on?