Hon. Marguerite A. Quinn, (Ret.), senior mediator and arbitrator at ADR Systems, recently presented alongside Mark Benfield, Esq., Judith Conway, Esq. and Sarah F. King, Esq. on the topic of navigating medical malpractice and premises liability claims for the Illinois State Bar Association Tort Law Section’s recent Tort Law Toolkit CLE program.

In her remarks, Judge Quinn provided tips for attorneys who mediate — rather than litigate – these cases.  “It’s critical to select a skilled mediator.  A successful mediator can manage unrealistic expectations by having a premeditation conference with the parties,” said Judge Quinn. “In cases where there are multiple parties, it’s important to determine the range of exposure for each defendant and the structure of their insurance policies before any negotiation begins.”

Recent developments in medical malpractice law emphasize stricter procedural requirements and evolving standards of care, making case vetting and preparation critical, the presenters explained. Selecting expert witnesses is also a cornerstone of success. These witnesses must not only be credible and experienced but also able to clearly articulate how the standard of care was breached and its impact on the plaintiff. Meeting procedural timelines, such as filing claims within statutes of limitations and providing expert certifications, is essential to avoid dismissal. For premises liability cases, careful assessment includes analyzing insurance policies, determining duty of care and evaluating liability based on the defendant type. Navigating these complexities ensures stronger claims and outcomes.

Even as attorneys are meeting all these obligations to effectively litigate medical malpractice and premises liability claims, they must remain mindful of the risks posed by trial: a runaway verdict against the defendant, no recovery for the plaintiff and mounting costs for both—pecuniary and psychological. High-low agreements can obviate verdict-related risks, but mediation offers a host of advantages: It reduces costs, hastens the dispute’s resolution, is collaborative and less adversarial and keeps control of the resolution in the parties’ hands.

In both her former role as a judge and current role as a mediator, Judge Quinn witnessed these benefits firsthand, stating, “Whereas trial outcomes are uncertain and often costly, mediation encourages creative solutions tailored to the needs of all involved, providing a practical and efficient path to resolution.”

………….

Hon. Marguerite A. Quinn, (Ret) brings 38 years of legal experience to her role as a senior mediator and arbitrator. On the bench she presided over both commercial and personal injury cases, including one of the largest toxic tort cases in Cook County. She values patience when working with parties to resolve disputes and urges everyone involved in her mediations to intentionally listen to each other.

View Judge Quinn’s Full Bio

Request Judge Quinn’s Availability

ADR Systems, It’s Settled. ®