Our Illinois medical malpractice lawyers believe that the rights of injured victims should never be compromised on behalf of well-funded big interests. Virtually all tort reform legislation which would take away victims’ rights is unnecessary and damaging. However, even those who feel that certain, limited reforms need to be enacted are capable of noticing extremely misguided proposals like that advocated in H.R. 5.
The 7th Amendment Advocate recently posted a story explaining how more and more so-called tort reformers are stepping up and admitting that H.R. 5, or the HEALTH Act, constitutes a blatant federal government overreach that cannot be tolerated. Yet another pro-tort reform scholar this week declared that Congress cannot “impermissibly federalize all medical malpractice litigation.”
The academic joins various other scholars who are calling out Republican supporters of the bill who claim to be against federal government overreach but then support unprecedented federalization of state tort law. There is no logical basis for tort reformers to pretend that they are acting consistently if they are against expansion of federal powers to also support overhauls like H.R. 5. As this latest scholar has noted, it is unacceptable for principles to be abandoned by those who so eagerly want to strip those who file Illinois medical malpractice lawsuits of their right to have a jury decide all of the issues of their case. The fact remains that Congress does not have the authority to enact tort reform legislation that would completely overhaul state decisions about state rules in state claims heard in state courts.
Our Chicago personal injury lawyers at Levin & Perconti know that the legal system works to hold negligent wrongdoers accountable for the harm that they cause. Putting barriers in the way of victims achieving justices is never an acceptable step. It is important for all advocate of a fair, impartial jury-based legal system to stand against misguided attempts to strip the rights from victims.
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