Required Pre-Suit Mediation in Medical Malpractice Cases

The Illinois Supreme Court has approved a new plan that requires medical malpractice parties in two Illinois counties to seek mediation before filing suit in medical malpractice cases.

The hope is that both sides can come to an agreement to resolve the case without the necessity of lengthy (and costly) discovery and trial.

I hope this works but I think most malpractice attorneys are skeptical. The problem in medical malpractice cases is that it is sometimes difficult to judge the strengths and weakness of the case, with respect to both damages and liability, until extensive discovery has been done. Plaintiff’s lawyers often fume at the insurance companies’ unwillingness to make offers before suit is filed, but the truth is that this is often the best course for both parties.

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