Introduction to Medical Malpractice Laws in Florida
In 1990, Florida lawmakers included an exception in the state’s medical-malpractice laws that prevented a narrow group of people from pursuing key damages in lawsuits over the deaths of family members.
And after years of debate, the Florida Senate appeared on the verge Wednesday of passing a bill to repeal the exception.
The Bill’s Progress
But Senate sponsor Clay Yarborough, R-Jacksonville, tabled the bill, leaving unclear whether lawmakers will address the issue in the remaining days of the legislative session. Yarborough’s move came after the House voted 104-6 last month to pass the bill (HB 6017) — and after the Senate, following a fierce debate Wednesday, voted 19-18 to defeat a proposal that would have made a major change to the bill.
The Current Law and Its Implications
People who allege their family members were killed by medical malpractice have lobbied heavily for the bill during this year’s legislative session. Health-care and business groups have lobbied against it. Under the 1990 law, people who are 25 years old or older cannot seek what are known as “non-economic” 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.
Arguments For and Against the Bill
Sen. Darryl Rouson, a St. Petersburg Democrat and attorney who supports the repeal bill, said families “have come to Tallahassee for the last 35 years seeking justice, seeking fairness.” But Sen. Gayle Harrell, R-Stuart, argued the bill would lead to higher medical-malpractice insurance premiums, exacerbating problems of shortages of physicians in areas such as obstetrics and gynecology. “This is going to create a major problem for the state of Florida,” said Harrell, whose late husband was a physician.
The Proposed Addition to the Bill
Yarborough, who has supported repealing the law, did not give an explanation when he tabled the bill. He later said he wanted to “continue to work on details related to the bill.” But the move came after the Senate voted 19-18 to reject a proposed addition to the bill that would have placed a $1 million cap on non-economic — often known as “pain and suffering” — damages in all medical malpractice lawsuits involving patient deaths. Damage caps have been a lightning-rod issue for decades, with health-care groups backing such limits and plaintiffs’ attorneys fighting them. Yarborough said the proposed addition would bring “balance” to the bill.
Opposition to the Proposed Addition
But Sen. Erin Grall, R-Vero Beach, described the cap proposal as lawmakers giving the “biggest gift of the year” to medical-malpractice insurers and said juries should determine losses in such cases. “Caps, to me, are the antithesis of accountability,” Grall, an attorney, said.
Conclusion
In conclusion, the bill to repeal the exception in Florida’s medical-malpractice laws has stalled in the Senate. The bill’s progress has been marked by fierce debate and opposition from health-care and business groups. While some lawmakers argue that the bill would lead to higher medical-malpractice insurance premiums, others argue that it would bring justice and fairness to families who have been affected by medical malpractice.
FAQs
Q: What is the current law regarding medical malpractice in Florida?
A: The current law prevents people who are 25 years old or older from seeking non-economic 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: What is the proposed bill trying to achieve?
A: The proposed bill is trying to repeal the exception in the current law and allow people to seek non-economic damages in medical-malpractice cases involving deaths of their family members, regardless of age.
Q: Why have some lawmakers opposed the bill?
A: Some lawmakers have opposed the bill because they believe it would lead to higher medical-malpractice insurance premiums and exacerbate problems of shortages of physicians in certain areas.
Q: What is the proposed addition to the bill that was rejected by the Senate?
A: The proposed addition would have placed a $1 million cap on non-economic damages in all medical malpractice lawsuits involving patient deaths.
Q: Why have some lawmakers opposed the proposed addition?
A: Some lawmakers have opposed the proposed addition because they believe that damage caps are the antithesis of accountability and that juries should determine losses in such cases.
