The Importance of Opposing Bill H.R. 5 for Tort Reform
Dear Concerned Citizens,
On Wednesday, February 16, 2011, the House Judiciary Committee passed a medical malpractice reform bill (H.R. 5) by an 18-15 party-line vote. This bill imposes a $250,000 cap on non-economic damages and limits punitive damages to $250,000 or twice the amount of economic damages. The bill will soon be introduced for a full vote in the House.
As concerned citizens, there are two key reasons why we must oppose this bill:
1) Violation of the 7th Amendment:
The 7th Amendment of the U.S. Constitution guarantees the right to a jury trial in all civil cases where the value of the judgment exceeds $20. Several state Supreme Courts—Georgia, Tennessee, and Illinois—have already ruled that caps on non-economic damages are unconstitutional. Alabama, New Hampshire, and North Dakota previously made similar rulings. This bill undermines the right to a fair trial by jury, a fundamental protection under the Constitution.
2) Increased Burden on Taxpayers:
By capping damages in malpractice cases, patients who are injured due to medical negligence may be forced to rely on taxpayer-funded programs for ongoing care and disability support. Ironically, tort reform laws intended to limit payouts often result in higher costs for taxpayers, as they must bear the burden of caring for victims of malpractice.
What You Can Do:
We urge you to immediately contact your Senator and House Representative. Tell them to oppose H.R. 5 and protect your constitutional right to a jury trial free from government interference. Additionally, make it clear that you do not want taxpayer money diverted to cover the costs of malpractice injuries.
Thank you for standing up for your rights and for the rights of others.