With another legislative session nearing the end, many continue to keep a keen eye on certain legislative efforts meant to expand the extent of damages available in medical malpractice lawsuits. The sweeping legislation, introduced as House Bill 6017, seeks to repeal a portion of a Florida statute that prevents the recovery of certain noneconomic damages for medical negligence claims.
That statute, Florida Statute Section 768.21, governs generally the availability of damages to beneficiaries in wrongful death claims. Broadly speaking, Section 768.21 permits the recovery of noneconomic damages for a child of a deceased parent or, alternatively, for a parent of a deceased child.
What proponents of HB 6017 take issue with, however, is a particular provision within the statute that specifically denies the recovery of noneconomic damages to adult children – defined as children 25 years or older – and their parents with respect to claims of medical negligence. Those in support of the bill argue that the antiquated statute, enacted in 1970, arbitrarily favors certain survivors over others and, worse, offers little to no recourse to those who are affected by the negligent medical acts.
On the other hand, those critical of the bill raise genuine concerns that the abrogation of the existing restrictions would lead to an increase in litigation and nuclear verdicts – leading to inflated healthcare costs, insurance premiums, and legal fees. Perhaps worse, those in opposition to HB 6017 have underscored further concern that the bill may have a chilling effect on the willingness of doctors to practice in Florida as a whole.
In a 104-6 vote on March 26, 2025, HB 6017 passed in the Florida House and will now make its way to the Florida Senate for consideration and voting. If passed into law, the bill will take effect on July 1, 2025. While the future of HB 6017 is uncertain, what remains certain is that the medical malpractice landscape in Florida is shifting. And as always, to successfully navigate this shifting landscape and stay ahead of the curve, it is important to stay abreast of legal developments as they occur.
