PRINTER'S NO. 789
No. 728 Session of 1979
INTRODUCED BY POTT, DeWEESE, REED, NOYE, ZORD, PERZEL, KNEPPER,
LETTERMAN, SEVENTY, ARMSTRONG, YAHNER, GIAMMARCO,
E. Z. TAYLOR AND HOEFFEL, MARCH 19, 1979
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 19, 1979
AN ACT
1 Amending the act of October 15, 1975 (P.L.390, No.111), entitled
2 "An act relating to medical and health related malpractice
3 insurance, prescribing the powers and duties of the Insurance
4 Department; providing for a joint underwriting plan; the
5 Arbitration Panels for Health Care, compulsory screening of
6 claims; collateral sources requirement; limitation on
7 contingent fee compensation; establishing a Catastrophe Loss
8 Fund; and prescribing penalties," further providing for
9 attorney's fees.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 604, act of October 15, 1975 (P.L.390,
13 No.195), known as the "Health Care Services Malpractice Act," is
14 amended to read:
15 Section 604. Attorney's Fees.--(a) When a plaintiff is
16 represented by an attorney in the prosecution of his claim the
17 plaintiff's attorney fees from any award [made from the first
18 $100,000 may not exceed 30%, from the second $100,000 attorney
19 fees may not exceed 25%, and attorney fees may not exceed 20% on
20 the balance of any award.] shall not exceed 20% of such award or
21 $100,000, whichever is less; however, the administrator may
1 allow greater attorney's fees upon cause shown.
2 (b) A plaintiff has the right to elect to pay for the
3 attorney's services on a mutually satisfactory per diem basis.
4 The election, however, must be exercised in written form at the
5 time of employment.
6 Section 2. This act shall take effect in 60 days and shall
7 apply to all causes of action arising thereafter.
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