Month: March 2020

Resolving Medical Malpractice Matters Through Mediation

There are numerous benefits associated with using mediation to resolve medical malpractice disputes. The mediation process affords both parties more control over the process, often reduces the cost of litigation, and can expedite dispute resolution for all. Medical malpractice mediation also presents its challenges. Given the nature of medical malpractice claims, the atmosphere at these hearings can be tense, and negotiations can be emotionally charged. What follows illustrates the importance of understanding the nuances of medical malpractice matters whether one is an advocate or a neutral seeking to assist the parties to reach a settlement.

Rolling the Trial Dice or Achieving a Settlement

A major impediment to settlement in medical malpractice disputes is the required reporting to the federal National Practitioner Data Bank (NPDB). All medical malpractice settlements or payments of judgment are reportable against the physician, if there is a settlement or judgment payment made by an insurer or by the employer of a physician. So, an optimistic physician may want to “roll the dice” and go to trial rather than settle, believing that he or she will win, rather than agreeing to a settlement reportable in the federal database.

Sierra Creative Sexual Harassment and Retaliation Lawsuit Settled

Sierra Creative Systems, Inc., doing business as Addressers, a Paramount, Calif.-based printing, mailing and fulfillment company, has agreed to pay $690,000 to settle a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

The EEOC’s lawsuit charged Sierra Creative with subjecting female employees to sexual harassment and retaliation at its North Hollywood facility. The alleged harassment included unwelcome touching, sexual comments and derogatory statements about women. The EEOC further asserted that Sierra Creative failed to adequately respond to complaints of discrimination made against one of its supervisors. In addition, the EEOC alleged that those who complained were denied hours and subjected to retaliatory harassment.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964.

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