The Illinois State Supreme Court has approved a test program that forces parties involved in two counties to seek mediation as a first step before going to trial. The hope is that the plan will reduce the number of trials that clog the courts, and reduce legal costs for both doctors and patients.
The rule applies to all medical malpractice cases in Madison and Bond county, Illinois, but if it proves successful, it may serve as a model for all cases state- and nation-wide. In the process, the lawyers on both sides will pick a mediator or judge on the case. If the mediator can come up with a mutually-agreeable settlement, the case will not have to go to trial.
The rule is an attempt to stem flagrant class-action lawsuits, which have been growing at an alarming rate in the state, so alarming that the state legislature passed a law capping the amount that might be awarded for “pain and suffering.”
The main advantage for victims is the relative speed of the proceedings. Mediation would occur within ninety days of the deposition by plaintiffs and defendants. It would also reduce costs all around, as well as the emotional duress both patients and doctors suffer over the course of the trial.
Mediation, of course, would not eliminate the need for lawyers, but would make their jobs easier. In fact, the plan has met a favorable response from lawyers, who are happy to settle their cases sooner, which is always the lawyer’s goal.
If you or someone you love has suffered from the careless negligence of a doctor or hospital, you need representation to make sure you are duly compensated. If you are in the Salt Lake City, Utah area, contact one of the skilled medical malpractice lawyers at G. Eric Nielson & Associates to get help.
