Florida Med Mal Fee Cap

You may remember that the Florida voters passed a cap on attorneys’ fees in medical malpractice cases. The constitutional amendment was pushed by Florida’s doctors. Fees are capped at 30% for the first $250,000 and 10% on any amount over $250,000.

Lawyers representing patients began asking them if they wanted to waive the cap of fees. The doctors then got a group of lawyers to petition the Florida Supreme Court to have the Court change its rules of professional conduct to limit attorney’s fees in medical malpractice cases. The doctor’s efforts is being led by former Florida Supreme Court Justice Stephen Grimes who works for Holland & Knight.

Grimes led an effort to get 54 lawyers to sign a petition to get the rules changed – Florida rules require at least 50 lawyers to sign a petition to start the process. Former Justice Grimes managed to get 19 lawyers from his firm to sign the petition – quite an amazing result given the fact that the firm advertises that it has “1200 lawyers and professionals.”

I am disappointed that someone smart enough to serve on the supreme court of his state would even lend his name to such an effort. Anyone with any sense knows that a fee cap in this amount would virtually eliminate medical malpractice litigation – which is actually what the doctors want.

Hopefully, the Florida Supreme Court – which hears the matter on November 30 – will reject this effort.