Florida Senate - 2024 SB 248 By Senator Yarborough 4-00433A-24 2024248__ 1 A bill to be entitled 2 An act relating to medical negligence; amending s. 3 768.21, F.S.; specifying which medical expenses 4 resulting from medical negligence may be recovered by 5 a personal representative or canceled by a court; 6 expanding the class of survivors who may recover 7 noneconomic damages due to a wrongful death caused by 8 medical negligence; providing that such recoveries are 9 contingent upon certain findings or determinations by 10 the Agency for Health Care Administration or the 11 Department of Health; providing applicability; making 12 technical changes; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1.Subsections (6) and (8) of section 768.21, 17 Florida Statutes, are amended to read: 18 768.21Damages.All potential beneficiaries of a recovery 19 for wrongful death, including the decedents estate, shall be 20 identified in the complaint, and their relationships to the 21 decedent shall be alleged. Damages may be awarded as follows: 22 (6)The decedents personal representative may recover for 23 the decedents estate the following: 24 (a)Loss of earnings of the deceased from the date of 25 injury to the date of death, less lost support of survivors 26 excluding contributions in kind, with interest. Loss of the 27 prospective net accumulations of an estate, which might 28 reasonably have been expected but for the wrongful death, 29 reduced to present money value, may also be recovered: 30 1.If the decedents survivors include a surviving spouse 31 or lineal descendants; or 32 2.If the decedent is not a minor child as defined in s. 33 768.18(2), there are no lost support and services recoverable 34 under subsection (1), and there is a surviving parent. 35 (b)Medical or funeral expenses due to the decedents 36 injury or death which that have become a charge against her or 37 his estate or have been that were paid by or on behalf of 38 decedent, excluding amounts recoverable under subsection (5). 39 The medical expenses described in this paragraph include amounts 40 paid by the decedent or the decedents estate for the course of 41 negligent medical care or treatment that caused the decedents 42 death and for any medical care or treatment resulting from the 43 negligent medical care. Any outstanding charges submitted to the 44 decedent or the decedents estate by a health care practitioner 45 or health care facility found to have committed medical 46 negligence that caused the decedents death must be canceled by 47 the court. Such charges include any charges for the course of 48 negligent medical care or treatment and any charges by the 49 practitioner or facility for care or treatment resulting from 50 the negligence. 51 52 Evidence of remarriage of the decedents spouse is admissible. 53 (8)The decedents personal representative may initiate a 54 medical negligence action to recover the damages described in 55 subsection (3) for the adult children of the decedent or the 56 damages described in subsection (4) for each parent of the 57 decedent only as provided in this subsection. 58 (a)1.A medical negligence action to recover the damages 59 described in subsection (3) or subsection (4) may be initiated 60 against a health care practitioner who, at the time of the 61 decedents medical care or treatment, was licensed by the 62 Department of Health if a probable cause panel or the department 63 finds probable cause as described in s. 456.073(4) to believe 64 that such practitioner committed a violation of law or rule 65 relating to his or her profession which constituted a breach of 66 the prevailing professional standard of care and caused the 67 decedents death. If such an action is authorized against a 68 health care practitioner under this subsection, a claim for 69 medical negligence to recover the damages described in 70 subsection (3) or subsection (4) may also be brought against any 71 health care facility that is vicariously liable for the health 72 care practitioners negligence. 73 2.A medical negligence action to recover the damages 74 described in subsection (3) or subsection (4) may be initiated 75 against a health care facility that, at the time of the 76 decedents treatment or care, was licensed by the Agency for 77 Health Care Administration or the department and against any 78 person who is vicariously liable for the health care facilitys 79 negligence if: 80 a.The agency or the department finds that the health care 81 facility committed a violation of a law or rule which 82 constitutes a breach of the prevailing professional standard of 83 care and caused the decedents death; or 84 b.The department finds probable cause to believe that a 85 practitioner violated a law or rule relating to his or her 86 profession which constituted a breach of the prevailing 87 professional standard of care and caused the decedents death 88 and the facility is vicariously liable for the practitioners 89 negligence. 90 (b)The presuit procedures required to be followed under 91 chapter 766, including those relating to presuit investigations, 92 notice, and discovery, do not apply to a medical negligence 93 action authorized by this subsection. 94 (c)If the personal representative of the decedent files a 95 legally sufficient complaint alleging medical negligence by a 96 health care practitioner or health care facility within 180 days 97 after the decedents death with the Agency for Health Care 98 Administration or the Department of Health and there has not 99 been a dismissal or final resolution of the complaint within 9 100 months after submission of the complaint, the determination of 101 probable cause is deemed to have been made. 102 (d)A finding of probable cause by a probable cause panel 103 or the department is not admissible in a medical negligence 104 action authorized under this subsection The damages specified in 105 subsection (3) shall not be recoverable by adult children and 106 the damages specified in subsection (4) shall not be recoverable 107 by parents of an adult child with respect to claims for medical 108 negligence as defined by s. 766.106(1). 109 Section 2.This act shall take effect July 1, 2024.