No. HB 6003
Filed under Healthcare.
Recovery of Damages for Medical Negligence Resulting in Death; Removes provision precluding certain persons from recovering damages for medical negligence resulting in death.
Plain English Summary
AI-GENERATEDFlorida law already lets adult children recover damages when a parent dies from ordinary negligence, and lets a parent recover for an adult child's death if there are no other survivors. A specific carve-out blocked both when the death came from medical negligence.
The repeal removes that carve-out entirely. Adult children and parents of an adult child can now recover the same wrongful-death damages in a medical-negligence death that they could already recover in any other kind of wrongful death.
Three nursing home and assisted living facility statutes also drop their own cross-references to the repealed provision, since there is no longer a rule left for them to say does not apply to their residents' wrongful-death claims.
AIAdult children can now recover the wrongful-death damages subsection (3) already provides when a parent's death is caused by medical negligence, a category of claim that used to be carved out and barred from that recovery.
AIA parent of a deceased adult child can now recover the mental pain and suffering damages subsection (4) provides when that child's death is caused by medical negligence, which used to be barred specifically for this type of claim.
AINursing home and assisted living facility statutes (sections 400.0235 and 429.295, alongside 400.023) no longer state that the repealed medical-negligence bar does not apply to their wrongful-death claims, since there is no longer any such bar to not apply -- a conforming cleanup, not an independent change to those claims.