Greedy Trial Lawyer
A Judicial Hellhole Enters The 21st Century
Category: Ho Hum
Can there be civil discourse between litigants in a judicial hellhole? In an experiment that may elevate a hellhole to purgatory status Madison County is requiring the parties in medical malpractice cases to use mediation in an effort to settle their disputes.
New rules adopted for malpractice cases
ST. LOUIS POST-DISPATCHEDWARDSVILLE -- People claiming injuries and the doctors they sue now must meet and at least talk of settling any time a medical malpractice case is filed, according to rules adopted Monday by the Madison County court.
Earlier this year, some Madison County judges said they had enough of their courthouse being repeatedly maligned as a "judicial hellhole." Chief Circuit Judge Ann Callis established a judicial committee to investigate the issue and determine whether any procedural changes could ease the tension between doctors and lawyers.
Judges met with leaders of the Illinois State Medical Society, as well as its insurance company -- the largest medical malpractice company in the state. Numerous lawyers also took part in the discussions, though some questioned whether judges were pandering to political forces.
The results were the new rules announced Monday. In addition to mandatory mediation, a panel of judges will be required to meet monthly to review pending medical malpractice cases. Also, plaintiffs will have the opportunity to amend lawsuits to comply with a state law requiring a certificate of merit -- a report that the case has been reviewed by a physician before filing.
In many jurisdictions throughout the U.S. mandatory mediation or arbitration (binding or non-binding) has been required in all civil lawsuits for years. Welcome to the 21st Century, Madison!
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