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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

Delray Beach leaders fight for rainbow street mural during Florida hearing in Orange County

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www.clickorlando.com – Catherine Silver – 2025-09-02 15:47:00

SUMMARY: Delray Beach city leaders traveled nearly 200 miles to a Florida Department of Transportation (FDOT) hearing regarding the state’s request to remove a rainbow pride mural at Northeast Second Avenue and First Street. The mural commemorates the Pulse nightclub shooting anniversary and was painted in 2021. No final decision was made; the city must submit supporting documents by September 5. City attorney Howard DuBosar argued the mural is street art, not a traffic control device, and cited local control under “Home Rule.” FDOT emphasized safety and state standards. Governor DeSantis supports removal of such messages from crosswalks. The mural remains for now pending the decision.

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Rudy Giuliani leaves the hospital after being injured in a car crash in New Hampshire

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www.news4jax.com – Carolyn Thompson, Associated Press – 2025-09-02 10:32:00

SUMMARY: Rudy Giuliani, 81, was released from the hospital after a car accident in New Hampshire where the vehicle he was in was struck from behind on Interstate 93. Giuliani sustained a fractured thoracic vertebra, multiple lacerations, contusions, and injuries to his left arm and leg. He and the driver, spokesman Ted Goodman, were helping a woman who reported a domestic violence incident when the crash occurred. Both suffered non-life-threatening injuries. The crash’s cause is under investigation, with no charges filed. Giuliani, known as “America’s mayor” for his 9/11 leadership, later served as Trump’s personal attorney, involved in controversial election fraud claims.

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Polls to open in Florida Senate, House special elections. How to find out if you should be voting

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www.clickorlando.com – Christie Zizo, Emily McLeod – 2025-09-02 04:00:00

SUMMARY: Election Day in west Orange County, Florida, on Tuesday features special elections to fill two Florida Legislature vacancies in Senate District 15 and House District 40. Senate District 15 includes northwest Orange County areas like Winter Garden and College Park. The seat was vacated by the late Sen. Geraldine Thompson. Democratic State Rep. Bracy Davis faces Republican Willie J. Montague for the Senate seat. In House District 40, RaShon Young, Davis’ former chief of staff, won the Democratic primary and will compete against Republican Tuan Le and write-in Chris Hall in the Sept. 2 general election. Polls open 7 a.m.–7 p.m.; vote-by-mail ballots are due by 7 p.m.

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