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2004 SESSION
SB 415 Medical malpractice; limit on attorney fees.
Introduced by: Stephen D. Newman | all patrons ... notes | add to my profiles
SUMMARY AS INTRODUCED:
Medical malpractice; limit on attorney fees. Provides that beginning with medical malpractice actions accruing on or after July 1, 2004, attorney fees shall be limited in accordance with the following fee schedule: 40 percent of the first $50,000 of the sum recovered; 33 and one-third percent of the next $50,000 recovered; 25 percent of the next $500,000 recovered; and 15 percent of any amount greater than $600,000 of the sum recovered. The bill applies the percentage limitations to the sum recovered by the plaintiff through trial, settlement, or arbitration, less the expenses related to the action but including any liens for medical care or treatment. On application of the attorney, and with notice to the plaintiff, the court in which the action is pending may adjust the compensation that would be awarded by the fee schedule on the basis of specific factors, including the extent to which the sum recovered, less any legal fees, compensates the plaintiff for his damages.
FULL TEXT
HISTORY
- 01/14/04 Senate: Presented & ordered printed, prefiled 01/14/04 040884776
- 01/14/04 Senate: Referred to Committee for Courts of Justice
- 01/21/04 Senate: Assigned to C. J. sub-committee: 1
- 02/11/04 Senate: Incorporated by C. J. (SB601-Newman) (15-Y 0-N)