Mediation Now Required in Illinois Medical Malpractice Suits

By Robert Carrier

Published on October 02, 2007

The ruling states that all medical malpractice cases filed in the 3rd circuit court must go through a mediation process in an effort to curb the amount of malpractice cases that go to trial. The decision aims at lifting what Illinois judges feel is a significant burden from the judiciary system by saving time and reducing costs.

Circuit Court judge Barbara L. Crowder said the ruling should allow both sides to reach a resolution quickly without having to resort to drawn-out, expensive trials. A Medical-Legal committee formed last spring, headed by Judge Dave Hylla, came up with the idea and passed it onto the state Supreme Court.

A committee panel with state judges, including Dave Hylla and Barbara Crowder, would review all medical malpractice cases and determine which would be well-suited for mediation. Cases selected for mediation would begin the process within 90 days of depositions by plaintiffs and defendants. A judge not associated with the case would act as mediator, and lawyers from both sides would also be able to recommend an outside mediator.

So far, the ruling hasn't been appealed, and according to Judge Crowder, lawyers from both sides are pleased with the ruling because they feel it will lead to faster settlements.

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