There are occasional instances in which certain laws seem to prevent justice instead of promoting it. In a complex, modern, urban society, there are simply too many different situations that could potentially arise for the law to be able to account for all of them. This is particularly true when laws are broad and sweeping. A law capping possible damages for a certain kind of tort, for example, might seem rational in one situation and entirely unjust in another. There is a delicate balancing act that lawmakers and judges try to adhere to, but it is not a foolproof system. If you feel you have been wrongly injured, it would be wise to contact an expert personal injury attorney at 617-787-3700.
In a controversial ruling on June 28, 2018, the Supreme Court of Wisconsin drastically reduced the $25.3 million awarded to a woman who had lost several limbs as a result of medical malpractice, citing a controversial state law. Thirteen years ago, the Supreme Court of Wisconsin actually struck down a law capping damages in medical malpractice cases, finding it unconstitutional. The Court then decided that the suffering of the wrongly injured outweighs the potential burdens of awarding major compensation.
However, the very next year, Wisconsin passed another cap law. Some have suggested that the reason this law was not challenged as unconstitutional is that proponents of the law, mainly those in big business, took efforts to get pro-business judges elected, and thereby push their agenda through politics. Perhaps the provision will be again challenged as unconstitutional, but for now we should hope that no more cases like these take place.
If you or a loved one has been injured due to the negligence of a medical professional, act now and contact one of our expert medical malpractice attorneys here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates to discuss your potential claim. Call our Massachusetts injury attorney specialists today at 617-787-3700 or email us at firstname.lastname@example.org for your free and private consultation. Your needs are our top priority!