TALLAHASSEE \u2014 A day after the issue appeared stalled, the Florida Senate on Thursday gave final approval to a bill that would open the door to some people pursuing medical-malpractice lawsuits over the deaths of family members.
\nThe Senate voted 33-4 to pass the bill, which would repeal a long-controversial 1990 law. The House passed the bill (HB 6017) in late March, meaning it is now ready to go to Gov. Ron DeSantis.<\/p>\n
Under the 1990 law, people who are 25 years old or older cannot seek what are known as \u201cnon-economic\u201d 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.
\n
\nSupporters of the repeal have said the law prevents people from getting justice for deaths caused by medical malpractice.<\/p>\n
\u201cThis is a 35-year-old law that needs to be repealed,\u201d Senate bill sponsor Clay Yarborough, R-Jacksonville, said Thursday. \u201cIt\u2019s unjust. It shouldn\u2019t be on the books.\u201d
\nBut opponents argued, in part, that a repeal would drive up medical-malpractice insurance premiums, exacerbating problems with physician shortages in the state.
\n\u201cWe are going to create even more of a problem in the state of Florida,\u201d Sen. Gayle Harrell, R-Stuart, said.
\nAlong with Harrell, the bill drew opposition from Sen. Tom Leek, R-Ormond Beach; Sen. Stan McClain, R-Ocala, and Sen. Keith Truenow, R-Tavares.<\/p>\n
The vote came a day after the bill appeared to be stalled in the Senate following a fierce debate and procedural moves. That included a failed attempt to change the bill to add a $1 million cap on non-economic \u2014 often known as \u201cpain and suffering\u201d \u2014 damages in all medical malpractice lawsuits involving patient deaths.
\nDamage caps have been a lightning-rod issue for decades, with health-care groups backing such limits and plaintiffs\u2019 attorneys fighting them. Yarborough said the proposed change would have brought \u201cbalance\u201d to the bill.
\nAfter senators voted 19-18 to reject the proposed addition, Yarborough tabled the bill, leaving it unclear whether it would be considered again. But the Senate on Thursday took up the bill without the change and overwhelmingly passed it.<\/p>\n
As a sign of the intensity of the issue, Harrell said a billboard had been put up in front of her neighborhood that attacked her as supporting \u201cprofits over people.\u201d
\n\u201cI can tell you that is very devastating to anyone in a political situation where they think Gayle Harrell puts profits over people,\u201d Harrell, whose late husband was a physician, said. \u201cI do not. I do not.\u201d
\nOther senators rallied to Harrell\u2019s defense. Yarborough said there\u2019s \u201cno excuse\u201d for the billboard.
\n\u201cI think it\u2019s sick,\u201d Yarborough said. \u201cIt\u2019s cowardly. It\u2019s immature.\u201d<\/p>\n
The repeal of the 1990 law is a significant step towards providing justice for families who have lost loved ones due to medical malpractice. While opponents argue that it may lead to increased insurance premiums, supporters believe that it is a necessary step to hold healthcare providers accountable for their actions.<\/p>\n
Q: What is the 1990 law that is being repealed?
\nA: The 1990 law prevents people who are 25 years old or older from seeking non-economic damages in medical-malpractice cases involving deaths of their parents, and parents from seeking such damages in malpractice cases involving the deaths of their children who are 25 or older.
\nQ: What are non-economic damages?
\nA: Non-economic damages, often known as \u201cpain and suffering\u201d damages, are awarded to compensate for the emotional and psychological harm caused by medical malpractice.
\nQ: What is the next step for the bill?
\nA: The bill will now go to Gov. Ron DeSantis for signature.
\nQ: What are the potential consequences of the repeal?
\nA: Opponents argue that the repeal may lead to increased medical-malpractice insurance premiums, exacerbating problems with physician shortages in the state.<\/p>\n","protected":false},"excerpt":{"rendered":"
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