Damages Recoverable in Wrongful Death Actions
If enacted, HB 0129 will modify existing laws to ensure that families affected by wrongful death can claim a broader range of damages, including those related to emotional suffering and loss of companionship. The bill aims to clarify the legal standing in wrongful death cases, separating these actions from traditional medical malpractice claims. This distinction may make it easier for families to seek justice and compensation for their losses while addressing some of the previous limitations that hindered their ability to recover damages appropriately.
House Bill 0129, known as the 'Keith Davis Family Protection Act', addresses the recoverable damages in wrongful death actions, particularly focusing on changes related to medical malpractice. The bill proposes amendments to several Florida statutes, explicitly allowing adult children and parents of adult children to recover certain types of damages that were previously prohibited in medical negligence suits. This change is intended to enhance the rights of family members affected by wrongful death, particularly in situations involving medical care, where disputes often arise regarding the damages recoverable.
Notably, the discussion surrounding HB 0129 may reflect differing views on the impact of medical malpractice litigation on healthcare providers. Proponents argue that allowing for more recoverable damages aligns with the goals of justice and compensation for families who suffer from the negligent actions leading to wrongful death. Conversely, opponents may raise concerns that broadening the scope of damage recovery could lead to increased litigation against healthcare professionals, potentially exacerbating already high insurance costs and contributing to a defensive medicine practice that could deter medical providers from operating in Florida.