Elder Law

Jury Trial Remain Vital for Illinois Nursing Home Trials

By Levin & Perconti

The St. Louis Post published a story this morning that emphasizes the huge costs that would be incurred by average citizens if ?tort reform? proposals become law. The debate typically involves some big interests making claims about the ?problems? with nursing home lawsuits therefore necessitating these changes. Patient advocates continue to challenge the scope of the exaggerated problem.

Less frequently mentioned is the effect these changes would have on citizen rights. In other words, we advocate against tort reform not because it is unnecessary (though it is unnecessary), but because it would have dangerous effects on the rights of innocent victims.

All citizens have the constitutional right to a trial by a jury. That right inherently involves the option of having the jury hear the evidence in a case, decide upon liability, and evaluate the losses to determine an appropriate remedy. The point of having this right in constitutions (at both the federal and state level) is specifically because our founders did not want it violated by legislative action.

Alexander Hamilton once mentioned that while the nation?s early leaders often disagreed on certain principles, ?if they agree in nothing else, [they] concur at least in the value they set upon the trial by jury.? It is vital that victims retain that right in current nursing home trials.

Full post as published by Illinois Nursing Home Abuse Blog on February 25, 2011 (boomark / email).