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The recognition by the Florida Supreme Court that victims of medical malpractice should have the right to waive even constitutional limitations on legal fees in order to retain competent representation is being discussed in other states. One example of the attention being given to the Florida situation is at Day On Torts.

The Florida Supreme Court ruled that the limitation of attorneys’ fees in medical negligence cases could be the subject of a knowing, voluntary waiver by a plaintiff in a medical negligence suit. It directed the Florida Bar (Florida has a unified bar association) to come up with an appropriate rule to guide Bar and the public on this issue.

The bottom line should always be that a victim should not find the courthouse doors closed because the state restricts attorney fees.

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