Florida Justice Reform Institute says it will request a veto.
By: Christine Sexton – May 1, 2025 6:26 pm

State Sen. Gayle Harrell says he’s been attacked via billboards for opposing liberalization of wrongful-death suits against doctors and hospitals without limiting potential monetary awards. (Screenshot, WPTV)

The Florida Legislature on Thursday sent to Gov. Ron DeSantis a bill that would put an end to a 35-year-ban that prevents people from filing lawsuits against physicians and hospitals for medical malpractice.

The 33-4 vote by the Florida Senate capped a tumultuous 24-hours in which the main sponsor paused action on his bill a day earlier after the Senate narrowly rejected his call to cap how much someone could collect in a medical malpractice.

“It needs to be repealed, it is unjust,” said Sen. Clay Yarborough, the Republican who sponsored the legislation, of the litigation ban.

State Sen. Clay Yarborough via: Florida Senate

The question is what will happen next. DeSantis has complained loudly about the influence of “liberal trial attorneys.” Yarborough on Thursday told reporters there was a chance the governor could nix the bill.

Under existing law, parents of single, childless, adult children cannot sue for noneconomic damages such as pain and suffering. Adult children, defined as those 25 and older, are also banned from pursuing wrongful death claims for single parents who die from medical malpractice. ‘

HB 6017 would completely eliminate this prohibition in law. It passed over strong opposition from groups such as the Florida Hospital Association, Florida Medical Association, the Florida Chamber of Commerce, and insurance industry lobbyists.

Florida Justice Reform Institute William Large said he will ask the governor to veto the bill.

“This bill is bad for Floridians. It’s bad for consumers. This bill will only increase healthcare costs for all Floridians,” Large told the Florida Phoenix, adding that he estimates as many as 500 additional lawsuits annually will result from eliminating the ban.

The vote for final passage Thursday followed emotional testimony wherein state Sen. Gayle Harrell’s voice cracked as she explained that she was being targeted by billboards for her opposition to the bill.

Harrell, a long-time champion of the medical profession, said she would have supported the expansion of lawsuits against physicians and hospitals if, in exchange, the Senate agreed to put a $1 million limit on wrongful death recoveries for all medical malpractice incidents.

Harrell said she was moved throughout the session by testimony from residents who shared stories of how their children, parents, and loved ones died allegedly from medical malpractice but were prevented from seeking redress in court. But, at the end of the day, she said she believes that without damages caps, physicians and hospitals will face increased costs and stop practicing.

Sen. Gayle Harrell (Photo via the Florida Senate.)

“I can tell you we are going to have a huge increase in medical malpractice. And in addition we are going to have physicians not coming to the state of Florida,” she said.

Harrell said she has been targeted for her position. The Republican from Stuart didn’t say who was behind the intimidation.

“I can tell you this has become very difficult for me, personally. I am getting personal attacks on it because of my stand. There is now a billboard in front of my neighborhood saying Gayle Harrell supports profits over people,” she said, adding there is a “double billboard” “attacking” her in another nearby neighborhood.

“And I can tell you, that is very devastating to anyone in a political situation where they think Gayle Harrell puts profits over people. I do not. I do not,” she said.

Harrell’s remarks solicited anger from a bipartisan group of senators who came to her defense.

Former Senate Democratic leader turned independent Sen. Jason Pizzo said: “I want you to hear me now. Nobody has done more to provide access to health care than Gayle Harrell. So if you know the person who put up the billboard, I’m not affecting anyone’s First Amendment rights, but you can tell them that Jason Pizzo won’t like them when he finds out who they are.”

Pizzo announced later that he had reached someone who had promised to take down the billboards.

State Sen. Jim Boyd. Credit: Florida Channel

Sen. Jim Boyd, a Republican from Bradenton, extolled Harrell for her work over the years on issues involving children, the elderly, and people with intellectual and developmental disabilities.

“There’s nobody more caring than you,” Boyd told Harrell. “An attack on you is an attack on us. Anybody from St. Augustine or anywhere else in Florida that would put up a sign like that ought to think twice about it. It’s not fair. It’s not right. And it can’t be tolerated.”

https://floridaphoenix.com/2025/05/01/state-sen-gayle-harrell-has-been-attacked-on-billboards-for-objecting-to-opening-up-floridas-medical-malpractice-laws-without-limiting-potential-recoveries-screenshot-wptv/