BOCA RATON, FL (Boca Post) (Copyright © 2025) — A Boca Raton man has filed a petition in circuit court seeking judicial approval of a contingency fee agreement connected to an anticipated medical negligence lawsuit involving the estate of his late relative.
The petition, filed November 18, 2025, in the 15th Judicial Circuit in and for Palm Beach County, is captioned Edward McManus, as anticipated Personal Representative of the Estate of Barbara McManus, v. Boca Raton Regional Hospital and David Forcione, M.D., under case number 502025CA012005XXXAMB. The filing was recorded electronically with the Palm Beach County Clerk at 3:10 p.m.
In the petition, Edward McManus states that he resides in Boca Raton and intends to serve as the personal representative for the estate. He asserts that he plans to bring a medical negligence action against Boca Raton Regional Hospital and Dr. David Forcione. According to the petition, McManus has retained the Fort Lauderdale law firm Haliczer Pettis & Schwamm, P.A. to represent him and seeks court approval for a contingency fee contract with the firm as required under Rule 4-1.5 of the Rules Regulating the Florida Bar.
The filing explains that McManus executed a waiver of the 2004 Florida constitutional amendment that ordinarily limits contingency fees in medical malpractice cases. The waiver referenced in the petition is described as the version approved by the Florida Supreme Court. McManus alleges that he knowingly and voluntarily accepted the terms.
According to the petition, McManus told the court that the underlying medical negligence matter is “complicated,” involving complex medical issues that require specialized legal and expert resources. He claims the litigation will likely be expensive because of anticipated costs for investigation, discovery, expert review, and case preparation. The filing states that his attorneys may need to advance “tens of thousands to hundreds of thousands of dollars” during the course of the case.
He further asserts that medical malpractice actions carry a high degree of risk, including the possibility of an adverse outcome. Because of this, McManus says he selected Haliczer Pettis & Schwamm based on the firm’s experience, reputation, diligence, and financial resources. The petition emphasizes that he believes retaining the firm on a contingency basis is necessary to pursue the potential lawsuit.
The filing outlines several factors McManus says he considered before agreeing to the fee arrangement:
• the substantial time and labor involved in litigating medical negligence claims;
• the complexity of the issues and the level of skill required;
• the extensive resources his attorneys may need to commit;
• customary fees in similar cases; and
• the financial stakes and responsibilities associated with the representation.
The petition states that McManus reviewed and signed both a “Statement of Client’s Rights” and the constitutional waiver. It also represents that he believes the contingency fee outlined in the contract is fair and reasonable in light of the alleged complexity of the case.
McManus asks the court to approve the fee contract and to seal that portion of the court file as permitted by the Florida Bar rule governing contingency fee agreements. The document includes a notarized signature from McManus dated in 2025.
The petition is signed by attorney Trisha S. Widowfield, Esq., of Haliczer Pettis & Schwamm, P.A., located at 100 S.E. 3rd Avenue in Fort Lauderdale. The firm is identified in the filing as counsel for the petitioner.
The petition does not include the anticipated complaint itself, and no allegations regarding the underlying medical treatment are detailed in this filing. It asks only for approval of the contingency fee agreement in advance of future litigation.
Here’s a plain-language breakdown of medical malpractice lawsuits and why they tend to move slowly.
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