Florida Medical Liability Compensation Amendment (2004)
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Florida Amendment 3, also known as the The Medical Liability Claimant's Compensation Amendment, was on the November 2, 2004 election ballot in Florida as an initiated constitutional amendment, where it was approved.
- Yes: 4,583,164 (63.6%)
- No: 2,622,143 (36.4%)
Text of the proposal
The language that appeared on the ballot:
Proposes to amend the State Constitution to provide that an injured claimant who enters into a contingency fee agreement with an attorney in a claim for medical liability is entitled to no less than 70% of the first $250,000.00 in all damages received by the claimant, and 90% of damages in excess of $250,000.00, exclusive of reasonable and customary costs and regardless of the number of defendants. This amendment is intended to be self-executing.
Campaign spending
The group opposing Amendment 3 outspent the group supporting Amendment 3 by a factor of about 3-to-1 with $8,234,777 coming from the "yes" side and $24,669,700 coming from the "no" side.
Supporters
Amendment 3 was sponsored by Citizens for a Fair Share. Sandra B. Mortham was the group's chairperson. Its major donors were:
- Florida Medical Association, $$2,155,961
- Citizens for Tort Reform, $439,630
- Tenet Healthcare, $105,000
- Baptist Health South Florida, $100,000
- Florida Cardiology, $100,000
- American Medical Association, $100,000[1]
Opponents
Amendment 3 was opposed by a group called Floridians for Patient Protection. Its major donors were:
- Searcy, Denney, Scarola, Barnhart & Shipley: $1,051,450
- Brown, Terrell, Hogan, Ellis, McClamma & Yegelwel, $947,280
- Grossman & Roth, $700,000
- Coker, Myers, Schickel, Sorenson & Green, $665,000
- Pajcic & Pajcic, $635,000
- Maher, Guiley Maher, $625,000
- Krupnick Campbell Malone et al, $550,000
- Ferraro and Associates, $520,000
- Harrell & Johnson, $420,000
- CFS Inc. $370,000
- Levin Papantonio $325,000
- Bbbitt Johnson Osborne, $310,000
- Leesfield, Leighton, Rubio, Mahfood & Boyers, $300,000
- Haggard Parks Haggard & Bologna, $297,600
- Rossman Baumberger Reboso & Spier, $290,000
- Cohen Jayson & Foster, $280,000
- Lyal Reiter Clark Fountain & Williams, $275,000
- Podhurst Orseck $275,000
- Donald Hinkle, $270,000
- Leopold Ricci, $260,000[2]
