A recent Find Law article, “Caps on Attorney Fees Only Hurt the Injured” provided by Silvers, Langsam & Weitzman, P.C. in Philadelphia opines on recent debate surrounding an amendment to the health care bill that would have limited attorney fees that plaintiffs’ attorney could have collected in medical malpractice lawsuits.  In the amendment proposed by Sen. John Ensign (R-NV), attorney fees would have been limited to one-third of the first $150,000 recovered in any medical malpractice case.  If the damage award exceeded $150,000, then the attorneys’ could receive an additional one-fourth of any amount over $150,000.  For example, if the total damage award was $300,000, then the attorneys would be entitled to a total of $87,500 for their fees.

“Had this measure past, it would have done nothing more than limit the legal rights of victims of medical malpractice.  It is impossible to overstate the importance of contingency fee arrangements in personal injury cases, particularly in medical malpractice suits.  These fee arrangements allow those who otherwise would not be able to afford legal representation to still receive their day in court.  Contingency fee arrangements also allow attorneys to take on costly and risky medical malpractice actions.  It costs a lot of money and takes a lot of time to challenge big insurance companies and health care providers.  Without the possibility of receiving a fair share of the damage award, many attorneys only could afford to take on the most lucrative of the medical malpractice cases – which would limit the access of victims with less serious injuries to the legal system.”