5209-S AMS FRAN S2449.1

SSB 5209 - S AMD 136

By Senator Franklin

NOT ADOPTED 03/13/2003

On page 4, beginning on line 33, after "person" strike all material through "negligence" on line 34 and insert "or entity in connection with an action based upon professional negligence in health care"

On page 5, after line 19, insert the following:

"(e) If there is no amount recovered, or a defense verdict, then subsection (1) of this section applies to attorneys' fees."

EFFECT: Both plaintiff and defense attorney fees are limited to a sliding scale based upon recovery, or if no recovery, then to reasonable fees as determined by the court.

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