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.
Here is the proposed rule. The written waiver is on Page 47 and 48 of the linked PDF file.
Any state that has a fee cap that will make it impossible for a competent lawyer to represent an injured or deceased plaintiff in a medical negligence (or any other tort) action should look to Florida for guidance on the issue.
Once again, thanks to Matt at Abstract Appeal for giving me the link to the proposed rule. Matt has a great blog and I urge you to check it as often as time permits.