WELLINGTON, FL (Boca Post) (Copyright © 2025) — A Wellington couple has asked a Palm Beach County judge to approve their contingency fee agreement as they prepare to pursue a medical negligence lawsuit against several health-care providers.
The request was filed in Lauren Peavler and Elmer Peavler v. Howard M. Busch, D.O.; Rachel Busch-Feurer, APRN; Howard M. Busch, D.O., P.A. d/b/a Family Arthritis Center; and American Arthritis & Rheumatology Associates, LLC d/b/a Family Arthritis Center, Case No. 502025CA012523XXXAMB, in the Circuit Court of the Fifteenth Judicial Circuit. The petition was electronically filed on December 3, 2025, according to the clerk’s stamp on the document.
The Peavlers state in their filing that they reside in Wellington and intend to bring a “complicated medical negligence case.” The petition does not outline the substance of the anticipated allegations but makes clear that they expect extensive investigation, expert review, and legal work. They ask the court to approve their contingency fee agreement with Haliczer Pettis & Schwamm, P.A., a law firm they have selected based on its experience in medical malpractice litigation.
Under Florida law and the constitutional amendment passed by voters in 2004, clients in medical negligence actions may waive certain fee limitations if the waiver is knowing and voluntary. The petition says both Lauren and Elmer Peavler reviewed and signed the Florida Supreme Court–approved waiver acknowledging those rights. Notarized pages signed on November 15, 2025, are included in the filing.
Throughout the petition, the Peavlers state they understand the financial and logistical challenges of bringing a medical negligence case in Florida. They acknowledge that these cases require substantial time, labor, expert analysis, and litigation resources. They also note that relatively few attorneys handle medical malpractice claims due to the technical expertise required.
The filing explains that the law firm may need to advance “tens of thousands to hundreds of thousands of dollars” to prepare the case and that the potential financial risk of an adverse result is significant. The petitioners say they selected Haliczer Pettis & Schwamm, P.A. to maximize their chances of recovery and because they believe the proposed contingency fee is fair given the firm’s skill, reputation, and anticipated workload.
The petition also states that the couple reviewed the Statement of Client’s Rights and the constitutional waiver, and that they fully understand the terms of the proposed contract. They ask the court to approve the fee agreement pursuant to Florida Bar Rule 4-1.5, which governs attorney compensation in contingent fee matters.
A certificate of service shows that the petition was mailed to the Peavlers at their Wellington address on December 3, 2025. The filing lists attorney Richard B. Schwamm, Florida Bar No. 897035, as counsel for the petitioners. The firm’s Orlando office address and contact details are included.
The original document, as filed with the Palm Beach County Clerk of Court, can be downloaded here.
0 Comments