Hartford Ephedra Attorney

Physicians, medical researchers and legislators have expressed increasing concern in recent years about whether the civil justice system is still the proper forum for trying medical malpractice cases. Many have expressed increased interest in specialized tribunals called health courts, which would replace the civil tort system for resolving medical liability cases.

The Seventh Amendment to the U.S. constitution provides: “In suits at common law...the right of trial by jury will be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, then according to the rules of the common law.” Nearly all states have similar constitutional provisions.

Are Jury Trials Necessary?

The importance of juries to a democratic form of government prompted the great English statesman William Ewart Gladstone to call the jury “the glory of English common law.” The U.S. Supreme Court has stated that “[m]aintenance of the jury as a fact-finding body is of such importance and occupies so firm a place in our history and jurisprudence that any seeming curtailment of the right to a jury trial should be scrutinized with the utmost care.” (Dimick v. Schiedt, 293 U.S. 474, 486 (1935)).

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