Medical-Malpractice Contingency-Fee Caps: A Big Victory for Florida's Voters and Tort Reformers? Maybe Not

Examines the current law as it stands on the basis of FL's Amendment 3, which limits the contingency fee percentage a lawyer can recover in a medical malpractice action, as well as the legal arguments defining the related debate. An economic analysis sheds light on the costs & benefits of having a negotiable contingency fee by permitting a waiver, asserting that the FL Supreme Court ought to find that a waiver of rights granted by Amendment 3 is warranted. It is concluded that people are less likely to waive their Amendment 3 rights & more likely to stand by their "assigned" rights given the limits of human decision making. Adapted from the source document.