“Tea Party Nation is perhaps the leading organization for those who identify with the so-called “Tea Party” movement that rose to prominence in the last few years. Obviously the exact principles and policy positions of the movement are hard to pinpoint with precision, because it is made up of various entities who may have different arguments on specific issues. However, it is generally accepted that the group supports “limited” government concepts somewhat aligned with traditional Republican / “Conservative” principles.
For that reason our Chicago medical malpractice attorneys are happy to see that many leaders in the Tea Party movement are acting with principle against Republican efforts to take away the rights of medical malpractice victims on both a federal and state level. Perhaps the most high-profile individual of this mold is Judson Phillips, founder of “Tea Party Nation.” He has been a vocal advocate for the constitutional rights of those seeking a civil trial and the unconstitutionality of federal attempts to impose limits on medical malpractice damage awards.
There are many different arguments against laws which impose arbitrary caps (and other arcane rules) on the rights of those hurt by others’ misconduct. For one thing there are federalism principles–stats must be free to enact their own rules without mandates from Washington. Beyond that, however, perhaps even most importantly, all citizens are guaranteed the right to a civil trial in the Constitution. It is tragic that so many who claims to support constitutional rights turned a blind eye when certain principles are decimated.
As Mr. Phillips wrote in a recent blog post: “What good is a right if you cannot exercise it? […] Those who want to attack our rights have learned they can never get those rights repealed, so instead they simply try to make it impossible for those rights to be exercised.”
The fact remains that things like caps of damages are sufficient to essentially eliminate the rights of those hurt by medical malpractice. These law have no consideration for individual cases, which is the whole point of the civil justice system. Instead, blanket rules are created which limits accountability even in the most egregious cases. The costs of lawsuits cannot be bore if there is no possibility for fair recovery down the road. As a result, many attorneys are unable to take very strong cases simply because of “reform” handcuffs.
This is made all the more tragic when one considers that virtually no good comes from these laws. Doctors are not facing lower malpractice costs, more doctors are not moving to areas where the laws change, and consumers are not seeing lower healthcare rates. Taken together, that means these laws only do two things: take away rights from all of us and increase profits for insurance and healthcare companies.
Our Chicago medical malpractice lawyers are proud to represent those harmed by medical negligence. We will fight for the preservation of basic legal rights and continue to advocate for medical patients inside and outside the courtroom. If you suspect that you or a loved one might have been hurt in this way, please reach out to our legal professionals to see how we can help.
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