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I found this recent article, Mediation Could Help Remedy Medical Malpractice Mess, and the comments following the article to be largely misguided. The article states/argues that mediation should be mandatory in our court system. Their reasoning for requiring mediation by law: For one thing, plaintiffs may not even know mediation is an option. And lawyers, the main referrers for mediation, and aren’t necessarily big fans of it. Um, plaintiffs aren’t aware mediation is an option? Seriously? At least in Oklahoma, most personal injury and medical malpractice cases that are tried are actually brought before a mediator. The ones that go to trial are the ones that couldn’t get settled. According to a United States Justice Department study, about 97 percent of civil cases are settled or dismissed without a trial. How do you think they get settled? Both sides have plenty of incentives to settle a case.  I think the main reason is uncertainty.  It’s certainly hard to predict if a jury is going to come back with a big or small verdict.  It’s stressful for the individual people (the clients) involved. It’s also expensive to try a case.  It can easily cost $40,000 to try a medical malpractice case.  It costs a lot of money to have doctors review medical files.  Those doctors, in turn, charge a lot to have their depositions taken and for their time to testify. There are five comments on the article.  I’ll go ahead and mention them all: A judge commented about recommending a similar approach. In Oklahoma, we have often have judges order mediation unless it can be shown that it would...
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Los Angeles car accident lawyers have seen a plague of car accidents in California. These accidents range from cuts and bruises to more serious injuries that can be life threatening. Knowing what fatal mistakes to avoid after your accident can save you time and money. One of those fatal mistakes is signing a medical lien. A medical lien is a promise to pay your medical bills later from your personal injury settlement. In theory, this may appear harmless. In reality, it could become a disaster. It has been my observation over the years that health care expenses are much greater on a medical lien. A lien agreement provides no oversight as to how appropriate the treatment is. Some doctors will over treat, over charge, or both. With no over sight you are at the mercy of your medical facility. Signing a medical lien will obligate your personal injury attorney to pay your medical fees from your settlement money. In some cases, your settlement could be a lesser value than the money you owe. In this instance, you will have to pay the remainder of the lien from your own pocket. Injured California car accident victims — especially those who are catastrophically injured — should receive healthcare. Above all, it is important to receive treatment for your injuries and make a full recovery. It is also your duty by law to receive proper healthcare to ensure your injuries do not get worse. If your injuries get worse by your own neglect, you will be held responsible for the worsening of your injuries, not the person who initially caused the injury....
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