Sec. 714. Maximizing patient recovery
248 words·~1 min read·
/bill/114/hr/3682/ih/section-714·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In any health care lawsuit, the court shall supervise the arrangements for payment of damages to protect against conflicts of interest that may have the effect of reducing the amount of damages awarded that are actually paid to claimants. In particular, in any health care lawsuit in which the attorney for a party claims a financial stake in the outcome by virtue of a contingent fee, the court shall have the power to restrict the payment of a claimant’s damage recovery to such attorney, and to redirect such damages to the claimant based upon the interests of justice and principles of equity.
In no event shall the total of all contingent fees for representing all claimants in a health care lawsuit exceed the following limits: Forty percent of the first $50,000 recovered by the claimant(s). Thirty-three and one-third percent of the next $50,000 recovered by the claimant(s). Twenty-five percent of the next $500,000 recovered by the claimant(s). Fifteen percent of any amount by which the recovery by the claimant(s) is in excess of $600,000. The limitations in this section shall apply whether the recovery is by judgment, settlement, mediation, arbitration, or any other form of alternative dispute resolution.
In a health care lawsuit involving a minor or incompetent person, a court retains the authority to authorize or approve a fee that is less than the maximum permitted under this section. The requirement for court supervision in the first two sentences of subsection
(a)applies only in civil actions.