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An overview of the law of attorney fees in the United States
Thomas Allan Heller, 2018, original scientific article

Abstract: It often is said that in the United States each party pays their own attorney’s fees, win or lose, absent a contractual provision to the contrary or some recognized ground in equity. This basic proposition, which is true as far as it goes, is based on the so-called American Rule, which provides that in the United States each side in a litigated case is responsible for paying their own attorney, regardless of the outcome of the case. On its face this proposition seems simple. On the contrary, however, the laws in the United States governing attorney’s fees are surprising quite complex. This article provides a general survey of the patchwork of laws, federal and to a lesser extent state, and the author will demonstrate that rules and laws governing attorney’s fees are often grounded in important public policy and fundamentally shape important issues, such as access to the courts and the legal system more generally. Unfortunately, many United States citizens have been priced out of the legal market under the current system.
Keywords: attorney’s fees, fee-shifting, fee arrangements, American Rule, court access
Published: 03.08.2018; Views: 193; Downloads: 42
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An overview of medical malpractice law in the United States including legislative and the health care industry's responses to increased claims
Thomas Allan Heller, 2017, review article

Abstract: Medical Malpractice claims are frequently asserted in the United States. At various time and places, an extraordinarily high number of claims and payouts led to what some have called medical malpractice crises. Consequently, in some geographical locations physicians either could not purchase malpractice insurance as carriers withdrew from the market, or, insurance became increasingly expensive and the overall costs associated with the delivery of health care continued to rise. Other undesirable consequences of these crises included a shortage of qualified physicians in certain parts of the country. Many of the states responded to these problems legislatively through a long series of tort reform measures. The health care industry itself has evolved in numerous ways. In particular, many health care providers have turned away from traditional private insurance models to self-insured models such as captives. Further, the industry has continued to consolidate, with fewer, but larger hospitals and clinics, and with an increasing number of physicians employed directly by hospitals and large clinics. The results of all of these changes have had mixed results.
Keywords: medical malpractice, defensive medicine, medical malpractice crises, tort reform, consolidation of health care industry, group captives
Published: 09.10.2018; Views: 299; Downloads: 27
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