Mediation now a first step in medical malpractice suits
State Supreme Court approves program
The Madison County Medical Malpractice Rule calls for mandatory mediation on all medical malpractice cases in the 3rd Circuit Court, with lawyers on both sides picking the mediator or judge on the case.
The idea is for both sides to hash out an agreement without resorting to a trial, said Circuit Court Judge Barbara L. Crowder"The hope is to get them to a settlement in a quicker method," she said. "There are other ways than to go to trial."
The rule fits into an overall effort to address flagrant lawsuits in Illinois, especially Madison, St. Clair and Bond counties, which have long histories of doling out large class action settlements.
Gov. Rod R. Blagojevich two years ago signed legislation capping how much doctors, clinics or medical groups are forced to pay when sued for pain and suffering.
Third Circuit Court Chief Judge Ann Callis has also instituted a number of policies to stem suits.
The concept for the forced mediation was first suggested by the circuit's Medical-Legal Committee formed last spring, and headed by Judge Dave Hylla, which passed the suggestion onto the state Supreme Court.
It calls for a panel of judges, including Crowder, John Knight and Dave Hylla, to review all malpractice cases and determine which ones would benefit from mediation, which would occur within 90 days after depositions of plaintiffs and defendants.
A judge not involved in the case will preside over the mediation, although lawyers can also pick an outside mediator.
Crowder said the program would save not only time, but also cut down on court costs and emotional distress.
She said the malpractice rule is the first of its kind in Illinois, although a similar stipulation is in place for family law cases.
Crowder said the lawyers she's talked to are happy about the requirements.
"Anything that will allow their cases to settle they're happy about," she said.
E-mail: ccoates@yourjournal.com
