WUSF – Florida Justice Reform Institute

Florida House passes proposal that could open doors for more medical malpractice lawsuits

March 27, 2025/in WUSF

WUSF | By Jim Saunders – News Service of Florida
Published March 27, 2025 at 5:00 AM EDT

Ivan-balvan / iStockphoto

House members voted 104-6 to approve the bill, which involves wrongful-death lawsuits and what are known as “non-economic” damages for such things as pain and suffering.

The Florida House on Wednesday overwhelmingly passed a proposal that could lead to more medical malpractice lawsuits, while a similar bill cleared a major hurdle in the Senate.

House members voted 104-6 to approve the bill (HB 6017), which involves wrongful-death lawsuits and what are known as “non-economic” damages for such things as pain and suffering.

The bill would repeal part of a 1990 law that prevents people from seeking non-economic damages in certain circumstances. People who are 25 or older cannot seek such 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.

Supporters of the bill contend that the law has prevented family members from holding doctors and hospitals accountable for malpractice. Family members who have repeatedly testified at legislative committee meetings about the deaths of parents or children watched from the House gallery as the bill passed.

“For too many families across Florida, justice has never had a chance,” said Rep. LaVon Bracy Davis, D-Ocoee.

But opponents of repealing the law argue it will lead to increased malpractice insurance premiums, which would result in doctors deciding not to practice in Florida. Andrew Bolin, a medical malpractice defense lawyer who represents the business-backed Florida Justice Reform Institute, said Wednesday that the proposed change would lead to “infusing hundreds of new lawsuits into the system.”

House members who voted against the bill were Rep. James Buchanan, R-Sarasota; Rep. Wyman Duggan, R-Jacksonville; Rep. Tom Fabricio, R-Miami Lakes; Rep. Karen Gonzalez Pittman, R-Tampa; Rep. Toby Overdorf, R-Palm City; and Rep. Will Robinson, R-Bradenton.

The bill was sponsored by Rep. Dana Trabulsy, R-Fort Pierce, and Rep. Johanna Lopez, D-Orlando.

The House vote came hours after the Senate Rules Committee approved the Senate version of the bill, which is positioned to go to the full chamber. The committee gave approval after rejecting an amendment that would have created a major difference with the House bill.

Sen. Gayle Harrell, R-Stuart, voted against the bill, saying it would create a disincentive for doctors to practice in Florida because of insurance costs.

“We will have doctors leaving the state,” she said.

But Senate bill sponsor Clay Yarborough, R-Jacksonville, described the current law as unjust and said it does not “value life” and provide accountability for medical negligence.

“For me, it simply comes down to every life has value,” said Sen. Jennifer Bradley, R-Fleming Island.

Proposals to change the 1990 law have surfaced periodically over the years and have spurred lobbying fights. Opponents of the bills this year have included the Florida Hospital Association, Florida Medical Association, Florida Osteopathic Medical Association, Florida Insurance Council, Florida Chamber of Commerce and Associated Industries of Florida.

Supporters have included the Florida Justice Association, which represents plaintiffs’ attorneys, and AARP.

https://www.wusf.org/politics-issues/2025-03-27/florida-house-passes-medical-malpractice-lawsuit-proposal

‘Not about putting a price on a life’: Sides collide on medical malpractice in Legislature

March 19, 2025/in WUSF

WUSF | By Jim Saunders – News Service of Florida
Published March 19, 2025 at 5:00 AM EDT

A Senate committee approved a bill that would clear the way for more malpractice lawsuits over patient deaths.

On one side are people telling heart-wrenching stories about the deaths of their adult children or parents. On the other are people warning about shortages of doctors and soaring medical-malpractice insurance costs.

The two sides are colliding in the Florida Legislature, where a Senate committee Tuesday approved a bill that would change a decades-old law and clear the way for more malpractice lawsuits over patient deaths.

“The bill is about accountability, the value of life and ensuring our laws are just,” bill sponsor Clay Yarborough, R-Jacksonville, said moments before the Senate Health and Human Services Appropriations Committee voted 8-2 to approve the measure (SB 734).

But Sen. Gayle Harrell, a Stuart Republican who joined Sen. Colleen Burton, R-Lakeland, in voting against the bill, said “there are other ways to solve this problem without creating more problems in the system.” She and other opponents contend that high insurance costs drive doctors away from the state.

“We are desperately in need of physicians,” Harrell said. “If this bill passes, we are going to have an increase in medical malpractice (insurance rates). We are already the highest in the country, and it will continue.”

Proposals to change the 1990 law have surfaced periodically, but they could have more momentum this year. Yarborough’s bill has been approved by two committees, while a House version (HB 6017) has cleared one panel.

The bills involve wrongful-death lawsuits and what are known as “non-economic” damages for such things as pain and suffering.

They would undo part of the 1990 law that prevents people from seeking non-economic damages in certain circumstances. People who are 25 years old or older cannot seek such 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.

Numerous speakers have appeared at the Senate and House meetings to tell stories about how their parents or adult children died after medical malpractice — and an inability to pursue damages in the deaths.

Karen Aguilar said Tuesday her 87-year-old father died in January because of alleged negligence at a Pasco County hospital.

“Some argue that financial compensation cannot replace a loved one, and you’re correct,” Aguilar told senators. “But wrongful-death lawsuits are not about putting a price on a life. They are about ensuring accountability, deterring negligence and getting families a pathway to justice.”

But Andrew Bolin, an attorney who represents doctors and hospitals and spoke Tuesday on behalf of the business-backed Florida Justice Reform Institute, said clearing the way for more medical-malpractice lawsuits would worsen problems such as what he described as “OB deserts” — areas of the state that do not have obstetrical care.

“Non-profit hospitals have to stay open,” David Mica, a lobbyist for the Florida Hospital Association, told senators. “One-third of your rural hospitals in this state are operating at a negative margin.”

https://www.wusf.org/politics-issues/2025-03-19/sides-collide-medical-malpractice-issue-florida-legislature-2025?_gl=1*1g78ggy*_ga*NTk2MTI2Ny4xNzQ3MjY5OTgz*_ga_Q6EH4FZY1W*czE3NDc2MDMzODAkbzMkZzAkdDE3NDc2MDMzODckajAkbDAkaDA.

House Panel Backs COVID-19 Legal Shield For Florida Businesses

February 4, 2021/in WUSF

House Panel Backs COVID-19 Legal Shield For Florida Businesses

February 04, 2021 08:48 AM

State Rep. Lawrence McClure of Dover Florida House of Representatives (2018)

The Republican-controlled Legislature continues to fast-track a proposal that would shield Florida businesses from coronavirus-related lawsuits, positioning the measure to be among the first bills passed after the 2021 session starts next month.

Members of the House Pandemics & Public Emergencies Committee voted 11-6 Wednesday to advance the House version of the bill (HB 7), filed by Rep. Lawrence McClure, R-Dover.

“It’s a one-in-100-year pandemic,” McClure told the committee in explaining why he thinks the legislation is needed.

The measure, which has broad support from business organizations, would make it harder to file coronavirus-related lawsuits against businesses and to win such lawsuits.

Republicans, who comprise the majority of committee members, beat back attempts Wednesday to change the proposal. Rep. Fentrice Driskell, D-Tampa, filed an amendment that would have altered part of the bill that would require state-licensed physicians to submit affidavits saying that plaintiffs’ deaths or injuries were a result of “acts or omissions” by defendants.

Driskell’s proposed amendment would have changed that to requiring a “medical expert” to file an affidavit confirming that the person was infected with COVID-19 during the relevant time period. Driskell argued a physician couldn’t make the determination required in the bill without having additional information that would become available through what is known as discovery, a process when attorneys seek documents or information ahead of trials.

Florida Justice Reform Institute President William Large, however, contended the requirement in the proposed bill was similar to one already in place in medical malpractice cases.

“If it was done in medical malpractice, it can be done in cases like this,” said Large, whose business-backed group lobbies on issues aimed at limiting lawsuits.

Driskel’s amendment failed in an 11-6 party-line vote.

The legislative session will start March 2, and Replublcan leaders have made lawsuit protections for businesses a top priority.

The bill is slated next to be considered by the House Judiciary Committee and then could be ready to go to the full House.

The Senate version (SB 72), filed by Sen. Jeff Brandes, R-St. Petersburg, has been approved by the Senate Judiciary Committee and is headed to the Commerce and Tourism Committee.

https://wusf.org/house-panel-backs-covid-19-legal-shield-for-florida-businesses/

Governor Backs Liability Protections Amid Pandemic

September 23, 2020/in WUSF

Governor Backs Liability Protections Amid Pandemic

Health News Florida | By Christine Sexton – News Service of Florida
Published September 23, 2020 at 10:59 AM EDT

THE FLORIDA CHANNEL
Gov. Ron DeSantis’ remarks were welcomed by business groups that have been pushing him to provide lawsuit protections during the pandemic.

The comments marked the first time DeSantis has publicly supported limiting lawsuits for businesses grappling with COVID-19.

Saying that fear of lawsuits is holding back the economy, Gov. Ron DeSantis on Tuesday said he supports placing limits on coronavirus-related litigation and is willing to consider such a bill during a potential special legislative session in November.

The comments marked the first time DeSantis has publicly supported limiting lawsuits for Florida businesses that are grappling with the COVID-19 pandemic.

DeSantis said the Legislature could consider a bill to give liability protections to “run-of-the-mill businesses” during a session that also could involve his plan to crack down on disorderly protesters. DeSantis unveiled the plan about protesters Monday and suggested Tuesday that a special session could be held when lawmakers return to Tallahassee for a Nov. 17 post-election organization session.

“There is a lot of concern about liability,” DeSantis said. “I believe it holds the economy back.”

The governor did not clearly explain what types of protections he would support, talking in sentence fragments when discussing the issues with reporters.

““If you just have a store and someone … you cannot be held liable … first of all, how would you even prove someone was …. so we’ve never done that with any other type of virus where you could be sued,” DeSantis said.

The governor said “there’s some stuff going on that’s a little different than run-of-the-mill business” that wouldn’t qualify for protections and mentioned clinical laboratories.

Attempts to limit lawsuits – an issue commonly known as tort reform – often spur fierce political battles in Tallahassee, with plaintiffs’ attorneys squaring off against business and health care groups. Opponents of such limits generally contend that they penalize people who are injured because of the actions of businesses or health-care providers.

DeSantis’ remarks were welcomed by business groups that have been pushing the governor to provide lawsuit protections during the pandemic. Businesses across the state closed down or scaled back in March and April to try to prevent the spread of COVID-19, with reopening efforts gradually starting in May.

“This is the first time I have heard the governor publicly support this, but I think he supports getting the economy open and getting everyone back to work,” said William Large, president of the Florida Justice Reform Institute, a business-backed group that lobbies on liability issues. “He’s a trailblazer in this respect. He is leading the way on the need to protect businesses from difficult causation lawsuits about how COVID-19 was transmitted. Businesses are in fear that if they open up they are going to be sued.”

Bill Herrle, executive director of the National Federation of Independent Business in Florida, also praised DeSantis.

“Business owners have been thrust into the role of being a public health officer. Every day they run their business they need to make decisions about whether Joe can come into work because he says that he’s not feeling well. Should we send Joe home?” said Herrle, whose group is made up of small businesses. “Or Joe comes in and says, ‘My wife, Mary, tested positive.’ So do we send Joe home? So it’s all those hundreds of day-to-day decisions. It is, but it’s not, alone, just the concern for exposure to liability for having caused someone to contract COVID. It’s all the hundreds of decisions we make that are being driven by COVID as well. So we are very happy to see him do this.”

DeSantis said he thought the liability issue would be settled by the federal government as part of a COVID-19 relief package. But Congress has been bogged down and unable to reach a deal on new legislation.

“The grand bargain was supposed to be liability protection for business and then aid to states,” DeSantis said. “The Dems wanted aid to states, and the Republicans wanted liability. But that hasn’t happened.”

Following DeSantis’ remarks, Florida Chief Financial Officer Jimmy Patronis late Tuesday issued a statement outlining what he identified as his three guiding principles for liability protections.

https://wusfnews.wusf.usf.edu/health-news-florida/2020-09-23/governor-backs-liability-protections-amid-pandemic

Florida Justice Reform Institute

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