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Illinois Politicians Debate Using Mediation for Medial Malpractice

February 24, 2011

Illinois legislators are currently debating whether or not mediation would be a successful form of negotiation that could be used to curtail many medical malpractice suits. These politicians have been heatedly debating tort reform and the implementation of caps on damage awards for the state. Illinois politicians are also looking to other states that use mediation to deal with a number of medical malpractice claims in order to take a closer look at its purported advantages and its limitations.

Advocates of implementing mediation are eager to point out its potential to save patients, doctors, and hospitals a lot of time and money. According to its proponents, mediation can also eliminate a lot of the emotional turmoil that can come about during a long and drawn out medical malpractice lawsuit and give victims a chance to still seek recompense without having to relive the incident.

On the other hand, under the guidance of a Chicago medical malpractice layer, patients can assert their constitutional rights by affirming that they entitled to a trial by jury under the Sixth Amendment of the US Constitution. Opponents contend that mediation does not always net the best results for a victim of medical malpractice and that some cases simply can not be resolved through concerted mediation efforts. These cases must be presented to a jury.

Some states are now mandating that both parties in a malpractice lawsuit go through some sort of mediation before heading into the courtroom. Other states provide plaintiffs with the option of going through mediation before their case heads to court.

Ultimately, research indicates that mediation can be a cost effective way of handling medical malpractice suits. For some victims, mediation provides them with an environment that is more comfortable than a courtroom and mediation takes up a lot less time when compared to a trial.

However, according to malpractice lawyers, the patient should maintain the right to seek out a trial by jury if they desire. A closer look at some figures awarded to patients that settled their suits in mediation suggest that they receive lesser awards than what they might be awarded during a trial.

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