Introduction to the Repeal of Medical-Malpractice Law
TALLAHASSEE — More than four months after Gov. Ron DeSantis vetoed the idea, the Florida House on Wednesday began a renewed effort to repeal a decades-old law that has prevented some people from pursuing key damages in medical-malpractice lawsuits.
The House Civil Justice & Claims Subcommittee voted 16-2 to approve a bill (HB 6003) that would repeal the long-controversial 1990 law. Supporters said a repeal would provide justice to people whose family members die because of medical negligence, while opponents said it would drive up insurance — and health-care — costs.
Background of the Law
Under the law, people who are 25 years old or older cannot seek what are known as “noneconomic” damages in medical-malpractice cases involving deaths of their parents. Also, parents cannot seek such damages in malpractice cases involving the deaths of their children who are 25 or older.
The law has been a point of contention for years, with supporters of the repeal arguing that it prevents families from receiving fair compensation for their losses.
Supporters of the Repeal
“I believe in this bill, and I believe that what we are doing is right,” said bill sponsor Dana Trabulsy, R-Fort Pierce.
Supporters of the repeal, including those who have lost family members due to medical negligence, have shared emotional stories about their experiences.
“I can’t replace my father in 14 years,” Alyssa Crocker, who said her father died because of negligence at a Miami hospital, told lawmakers Wednesday. “I can’t replace my dad, ever. He’s dead. That is a big loss. If you don’t want to be sued, don’t be negligent. It’s that simple.”
Opponents of the Repeal
But Andrew Borom, a Tallahassee orthopedic surgeon, told lawmakers that the bill, which is filed for the legislative session that will start in January, would harm doctors already grappling with issues such as high insurance costs.
“We pay the highest malpractice rates in the country,” Borom said. “If your goal is to just throw another golden bone to the trial lawyers, you can feel free to do that. But if you want physicians who are well-trained and well-experienced to stay here in Florida, and take care of you and your patients, you need to reconsider this.”
Opponents of the bill, including representatives of the insurance and health-care industries, have argued that the repeal would lead to increased costs and potentially drive doctors out of the state.
Previous Attempts to Repeal the Law
House leaders have made a priority of repealing the law. The House and Senate passed a repeal bill (HB 6017) during the 2025 legislative session, but DeSantis vetoed it in May, saying the change could “open floodgates” for litigation.
Though the bill passed by large margins in the House and Senate, lawmakers did not try to override DeSantis’ veto.
“I would have loved to have done that,” Trabulsy, who also sponsored the 2025 bill, said after Wednesday’s meeting. “But I don’t get to make that decision.”
Next Steps
After the meeting, Trabulsy wouldn’t disclose a strategy for trying to get final approval for the repeal bill in 2026. But she said she doesn’t “plan to get the same result, and if I do, then we’ll go round three.”
Rep. Kim Berfield, R-Clearwater, and Rep. Danny Nix, R-Placida, cast the dissenting votes Wednesday. A Senate version of the bill has not been filed.
Conclusion
The debate over the repeal of the medical-malpractice law is complex and contentious, with both supporters and opponents presenting strong arguments. As the legislative session approaches, it remains to be seen whether the repeal will be successful and what impact it will have on the state’s health-care system.
FAQs
Q: What is the current law regarding medical-malpractice lawsuits in Florida?
A: The current law, which has been in place since 1990, prevents people who are 25 years old or older from seeking noneconomic damages in medical-malpractice cases involving deaths of their parents. It also prevents parents from seeking such damages in malpractice cases involving the deaths of their children who are 25 or older.
Q: Why are supporters advocating for the repeal of the law?
A: Supporters argue that the law prevents families from receiving fair compensation for their losses and that it is unfair to limit the amount of damages that can be awarded in medical-malpractice cases.
Q: What are the concerns of opponents of the repeal?
A: Opponents argue that the repeal would lead to increased costs and potentially drive doctors out of the state. They also argue that the repeal would lead to an increase in frivolous lawsuits.
Q: What is the next step in the process?
A: The bill will now move to the full House for consideration. If it passes, it will then be sent to the Senate for consideration. If it passes both chambers, it will be sent to the governor for signature or veto.
