In the context of criminal law, one often hears frustrated complaints about recidivism and the "revolving door” of the justice system.
As we were reminded in the recent case of Joan Rivers, even seemingly routine surgery always comes with an inevitable element of risk. When there is a surgeon mistake or negligent operating room staff, a patient’s life is put in danger, and the harm may prove fatal.
For the last several months, the health care scandal surrounding Veterans’ Administration hospitals has captured news headlines. Everything from delayed care to misreported statistics, to deaths has been reported as shortcomings of an overburdened system. But another aspect of the crisis has apparently been underreported.
Recently we wrote about the mandatory mediation requirement that South Carolina law places on a person who seeks redress for a claimed act of medical malpractice. The interest of the state in requiring mediation before a lawsuit may be filed is an expression of the concept of judicial economy, which seeks to minimize litigation in the courts when an alternative way to resolve the dispute may work.