Are there Limits on The Fee an Attorney Can Charge in a Medical Malpractice Case?
Although there have been several recent attempts to enact federal legislation that would limit the amount attorney’s can recover in medical malpractice cases, there currently is no federal statute on the matter. However, states have enacted a variety of different statutes that deal with limiting attorney’s fees in such cases. There are currently two main types of regulation: percentage limitations on attorney’s fees and courts with review ad approval statutes. Percentage Limitations on Medical Malpractice Attorney’s Fees: Sixteen states currently have a statute or court rule that establishes a specific limit or sliding scale on contingency fees attorneys may charge clients who file a medical malpractice claim. The following are examples of how several different states have addressed the issue: • California: Sliding scale fee may not exceed 40% of first $50,000, 1/3 of the next $50,000, 25% of the next $500,000, and 15% of damages exceeding $600,000. • Tennessee: Fee may not exceed one
