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Medical malpractice changes inch closer to final passage

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floridaphoenix.com – Christine Sexton – 2025-03-26 18:01:00

by Christine Sexton, Florida Phoenix
March 26, 2025

Bills that would increase the potential for wrongful death lawsuits to be filed against Florida doctors and hospitals inched closer to final passage Wednesday.

With very little fanfare, the House of Representatives voted overwhelmingly to approve HB 6017 , with “no” votes cast by just six members.

The Senate companion, SB 734, cleared the Senate Rules Committee with one dissenting vote cast by Sen. Gayle Harrell. Harrell’s late husband was a longtime Florida obstetrician and she has traditionally been a strong voice for organized medicine in the Florida Legislature.

The insurance industry, Florida hospitals, and organized medicine such as the Florida Medical and Florida Osteopathic associations, oppose the bill in its current form. But they are willing to support eliminating the ban if the Legislature agrees to limit damages for pain and suffering by placing caps on the amount that can be recovered. 

Otherwise, increasing civil liability will further increase medical malpractice insurance rates and drive physicians away from practicing, the opponents say.

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Florida has had no caps on pain and suffering in medical malpractice lawsuits since 2014, when the Florida Supreme Court ruled them unconstitutional. But the makeup of the Florida Supreme Court has changed since then, with the majority of the justices now having been appointed by Gov. Ron DeSantis.

And the medical and insurance industries are eager to reinstate caps and put the new justices to  the test.

If it’s something that the Senate wants to entertain, it’s a conversation that we’re always willing to have. This is part of negotiation.

– House Speaker Danny Perez

To date, neither the House nor Senate have included the industry-coveted caps in the bills.

But House Speaker Danny Perez told reporters that things could change.

“The House didn’t entertain caps. If it’s something that the Senate wants to entertain, it’s a conversation that we’re always willing to have. This is part of negotiation,” he said.

You know, we don’t know where we’re going to end up. It’s kind of like the budget. We came out with our budget … and the Senate came out with theirs, and now we just got to begin to have those conversations and see what the middle ground is, and see where we land. And I think, you know this bill is, is no different.”

When it comes to wrongful deaths stemming from medical malpractice claims, parents of single, childless, adult children cannot sue for noneconomic damages, such as pain and suffering.

Additionally, adults (defined as 25 or older) cannot pursue wrongful death claims for parents who die from medical malpractice.The Legislature adopted the ban during the 1990s as lawmakers wrestled with rising malpractice premiums.

There has been a concerted effort in recent years, though, to eliminate the ban, and members of Senate Judiciary heard from people on both sides of the issue Tuesday, the first day of the annual 60-day legislative session.

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Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: info@floridaphoenix.com.

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News from the South - Florida News Feed

Orlando restaurant owner invites artists to parking lot amid federal fight against street art

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www.clickorlando.com – Mark Lehman – 2025-09-15 04:00:00

SUMMARY: In response to Florida’s decision to paint over street art on public roads, including the rainbow crosswalk outside the Pulse nightclub, Orlando’s Se7en Bites restaurant owner Trina Gregory is opening 49 parking spaces for local artists to create vibrant artworks. The event, “Parking Spaces for Pride,” will take place Monday from 7 a.m. to 7 p.m. at 617 N Primrose Drive. It aims to transform controversy into a community celebration that uplifts Orlando’s LGBTQ+ community, preserving the city’s love for art. Gregory intends to make this an annual event promoting creativity, diversity, and resilience amidst the state’s restrictions on non-uniform traffic markings.

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Community honors life of 10-year-old Harper Moyski, killed in shooting at Minneapolis church

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www.news4jax.com – Associated Press – 2025-09-14 15:33:00

SUMMARY: In Minneapolis, friends and family gathered to honor 10-year-old Harper Moyski, killed in a mass shooting at Annunciation Catholic School. Harper, remembered as fierce, curious, and unapologetically herself, was one of two children killed alongside 21 injured when a former student opened fire during Mass. Her mother, Jackie Flavin, described Harper as “extra in the very best way,” loving dogs and aspiring to be a veterinarian. Speakers at the outdoor memorial called for an end to gun violence, especially in schools. Rabbi Jason Rodich urged kindness amid societal division, encouraging people to support one another “for Harper.”

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A look at recent flooding across South Florida

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www.youtube.com – CBS Miami – 2025-09-14 10:58:39

SUMMARY: South Florida is still recovering from a week of severe flooding that made roads nearly impassable, stalled cars, and forced people to wade through water. In Hollywood, upgraded flood pumps and drainage systems helped subside water levels quickly, preventing damage to homes. However, in North Miami, residents along 141st Street report ongoing issues with backed-up drains and street flooding, which disrupt daily life, including doctor visits. The city claims the flooding is due to long tides rather than clogged drains and asserts the area has been checked. Concerns remain about the area’s vulnerability without further drainage maintenance.

Parts of South Florida are still drying out from the deluge of rain storms last week.

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