A contentious proposal that would overhaul a key part of Florida’s decades-old medical malpractice laws is set to be taken up by the Florida House on Wednesday, reigniting a fierce debate between patient advocates and health care providers.
The bill, HB 6017, co-sponsored by Rep. Dana Trabulsy (R-Fort Pierce) and Rep. Johanna Lopez (D-Orlando), aims to repeal a provision of a 1990 state law that limits the ability of certain family members to seek non-economic damages — such as compensation for pain and suffering — in medical malpractice cases involving wrongful death.
Currently, adult children (25 or older) are barred from seeking non-economic damages for the deaths of their parents, and parents are similarly restricted when their adult children die due to medical negligence. The proposed legislation would eliminate those restrictions, allowing families greater legal recourse when a loved one dies due to alleged malpractice.
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Plaintiffs’ attorneys and advocacy groups such as AARP have thrown their weight behind the proposal, arguing that the current law creates an unjust carve-out in Florida’s wrongful death statutes that disproportionately affects older adults and their families.
“This is about fairness and accountability,” said Rep. Trabulsy during a recent committee hearing. “Floridians should not be denied justice simply because of their age or family status.”
The bill has received bipartisan support and passed both the House Civil Justice Claims Subcommittee and the House Judiciary Committee with near-unanimous votes.
However, the legislation faces strong opposition from health care and business groups, including hospital associations and medical malpractice insurers. Critics argue the bill could lead to a surge in lawsuits, drive up malpractice insurance premiums, and exacerbate Florida’s ongoing physician shortage.
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“This bill opens the floodgates to litigation,” said a spokesperson for the Florida Medical Association. “It could further destabilize the already fragile health care workforce in our state.”
Doctors’ groups also warn that increased litigation risks may deter providers from taking on high-risk cases or remaining in the profession altogether, particularly in under-resourced or rural areas.
A Senate version of the bill (SB 734), sponsored by Sen. Ana Maria Rodriguez (R-Doral), has also gained momentum, passing the Senate Health and Human Services Appropriations Committee this week. That sets the stage for a potential showdown in both chambers as the legislative session progresses.
The full House is scheduled to debate and possibly vote on HB 6017 on Wednesday, with the outcome likely to influence the trajectory of the Senate’s parallel legislation. If passed and signed into law, the bill would mark a significant shift in Florida’s medical liability landscape, with implications for patients, families, and providers alike.
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