If enacted, this bill would lead to significant changes in the current legal framework surrounding wrongful death actions in Florida. By clarifying that claims for violations of rights or negligence are not to be classified as medical malpractice, this legislation would potentially open the door for more families to pursue claims for damages that were previously foreclosed by existing statutes. This can lead to an increase in wrongful death claims that involve medical negligence, thus impacting the legal landscape for both practitioners and families affected by such incidents.
Summary
House Bill 25, referred to as the Keith Davis Family Protection Act, aims to amend certain provisions regarding damages recoverable in wrongful death actions. The bill proposes to remove the limitation that prevents adult children and parents of adult children from recovering specific damages in medical negligence lawsuits. By broadening the scope of recoverable damages, the bill seeks to ensure families have more comprehensive recourse when facing wrongful death due to medical negligence.
Contention
There are notable points of contention regarding this bill. Supporters argue that it is necessary for holding healthcare providers accountable and ensuring that families who experience the wrongful death of a loved one due to medical negligence are adequately compensated. Conversely, opponents may raise concerns regarding the potential for a surge in lawsuits against medical practitioners, worrying it might lead to increased healthcare costs and defensive medicine practices. As with many legislative changes affecting liability and damages, the implications can raise debates about balancing accountability and accessibility of medical care.