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“American rule” for courts ensures access to justice

Some tort reform advocates are advocating that courts adopt the “English rule” for medical malpractice lawsuits and other tort lawsuits. The “American rule,” however, is the only way to ensure equal access to justice in personal injury lawsuits and medical malpractice lawsuits. The “English rule” is a pure loser-pas system for the costs of the medical malpractice lawsuits whereas the “American rule” allows for attorneys’ fees on a contingency fee basis.

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