The 7th Amendment – Your Right to Sue and Have a Trial by Jury in Medical Malpractice Cases

You can’t turn on the news these days without hearing about the 2nd Amendment – commonly known as the right to bear arms, which actually says: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” There is a lot of debate going on among politicians and citizens about the 2nd Amendment.

The 5th Amendment is also in the news a lot because it includes the right against self-incrimination and the right to remain silent. Many Americans called to testify in court or in front of Congress invoke their 5th Amendment rights.

There is another Amendment, the 7th, which is being denied to people every day in this country because it is being limited. Too often state legislatures are imposing caps, or limits on the amount of money that can be awarded to a plaintiff by a jury.

“Get up, stand up, Stand up for your rights. Get up, stand up, Don’t give up the fight.” – Bob Marley

The Amendment states: “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”

A tragic example of monetary caps limiting a victim’s 7th Amendment right is evident in an Indiana case where a girl born with severe injuries due to medical errors was awarded $15 million. The jury awarded the damages because her life-long care will likely cost millions of dollars and the victim and family are suffering terrible pain and suffering. Unfortunately the state cap on monetary awards was set at $1.5 million, meaning the family has to deal with medicaid to get bills paid, and the stress is almost unbearable.

MalpracticeAttorneys.com strongly believes that victims of medical malpractice are entitled to receive the amount of monetary compensation as determined by a jury, as the 7th Amendment intends. A jury has the opportunity, during a trial, to hear the evidence, see the victim(s) and make decisions based on the facts. It is patently wrong for state legislators to impose far-reaching and hurtful laws on victims using narrow-minded, insensitive reasoning. It is unconstitutional.

It is more important than ever to let lawmakers know that there should be no limits on compensation for injuries and pain.

If you or someone you care about is the victim of malpractice there is help available. Register at our site and we will find an experienced attorney to listen to your story. Our service is free to victims.