Title: Medical Negligence

Summary: Deletes provision which prohibits certain damages in wrongful death cases to be recoverable by adult children & parents of adult children.

Full Text:
An act relating to medical negligence; amending s. 768.21, F.S.; deleting a provision which prohibits certain damages in wrongful death cases to be recoverable by adult children and the parents of adult children; amending ss. 400.023, 400.0235, and 429.295, F.S.; conforming provisions to changes made by the act; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (8) of section 768.21, Florida Statutes, is amended to read: 768.21 Damages.-All potential beneficiaries of a recovery for wrongful death, including the decedent's estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged. Damages may be awarded as follows: (8) The damages specified in subsection (3) shall not be recoverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child wit hrespect to claims for medical negligence as defined by s. 766.106(1). Section 2. Subsection (9) of section 400.023, Florida Statutes, is amended to read: 400.023 Civil enforcement.- HB 6051 2020 (9) An action under this part for a violation of rights or negligence recognized herein is not a claim for medical malpractice,and s. 768.21(8) does not apply to a claim alleging death of the resident.Section 3. Section 400.0235, Florida Statutes, is amended to read: 400.0235 Certain provisions not applicable to actions under this part.-An action under this part for a violation of rights or negligence recognized under this part is not a claim for medical malpractice,and the provisions of s. 768.21(8) do not apply to a claim alleging death of the resident.Section 4. Section 429.295, Florida Statutes, is amended to read: 429.295 Certain provisions not applicable to actions under this part.-An action under this part for a violation of rights or negligence recognized herein is not a claim for medical malpract ice, and the provisions of s. 768.21(8) do not apply to a claim alleging death of the resident.Section 5. This act shall take effect July 1, 2020.