- Passed by voters in November 2004 as Amendment 3, the law limits attorneys' fees to 30 percent of the first $250,000 recovered and 10 percent of all damages in excess of that amount in medical malpractice cases.
Since its passage, some trial attorneys have had medical malpractice claimants waive their rights under the fee cap. The attorneys said such cases are too expensive to bring under the smaller fees.
Anyway, look at this:
- "We will work to warn the public about the procedure that greedy lawyers will be using to take an unconstitutional share of the client¹s funds," the FMA said in a statement on its Web site. "And if the procedure does not include judicial oversight, the FMA believes that physicians in Florida will be able to follow the same procedure established by the court to have potential patients waive their right to bring a medical malpractice action against the physicians. The FMA will advocate the use of a similar form and waiver procedure for physicians to use in their practices."