Personal Injury Law

U.S. Constitution Protects Patients Rights to Jury Trial

By Steven M. Levin and John J. Perconti

When people hear the words ?tort reform? they often do not immediately associate the issue to something found directly within the United States Constitution. However, as the American Association for Justice President wrote in the Huffington Post last week, the rights being fought for in the tort reform debate are part of our nation?s foundational document.

The 7th Amendment to the Constitution, part of the Bill of Rights, specifically guarantees the right of Americans to a trial by jury. The promise has even deeper roots, found 800 years ago in England?s Magna Carta. The Founders understood that right. Thomas Jefferson explained that jury trials in civil cases (like malpractice) were ?the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.?

However, big business and insurance efforts to strip medical patients of that right threatens the very foundation of the 7th Amendment. These interests seek to undermine the ability of victims to share their story with a jury and allow them to a return a verdict. Instead, they prefer a system that takes away decision-making power from a jury and replaces it with automatic rules from which they benefit.

All those who respect the vision of our Founders and the mandates of our Bill of Rights should stand arm in arm against attempts to undermine our system with alleged ?tort reform.?

Full post as published by Illinois Medical Malpractice Blog on January 15, 2011 (boomark / email).