Tampa, FL asked in Car Accidents for Florida

Q: Can I use Article 1. Section 26 in reference to medical bills due to a car accident?

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Personal Injury Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: You are apparently referring to Art. 1, Sec. 26 of the Fla. Constitution. That applies only to medical liability claims - meaning medical malpractice cases, not car accident cases. Even for med mal cases, there are common misunderstanding about this section. It does not limit medical bills, which are "reasonable and customary costs". This section, which was proposed by the medical industry to discourage attorneys from taking med mal cases, was aimed at was the attorney's portion of the recovery. Subsequent to its enactment, the Fla. Supreme Court ruled that the limits in this section can be waived by the client. An attorney could decline to take a medical liability case unless the client signs such a waiver.

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