TALLAHASSEE — Greater than 4 months after Gov. Ron DeSantis vetoed the concept, the Florida Home on Wednesday started a renewed effort to repeal a decades-old legislation that has prevented some folks from pursuing key damages in medical-malpractice lawsuits.
The Home Civil Justice & Claims Subcommittee voted 16-2 to approve a invoice (HB 6003) that will repeal the long-controversial 1990 legislation. Supporters stated a repeal would offer justice to folks whose members of the family die due to medical negligence, whereas opponents stated it might drive up insurance coverage — and health-care — prices.
“I imagine on this invoice, and I imagine that what we’re doing is correct,” stated invoice sponsor Dana Trabulsy, R-Fort Pierce.
However Andrew Borom, a Tallahassee orthopedic surgeon, advised lawmakers that the invoice, which is filed for the legislative session that can begin in January, would hurt docs already grappling with points equivalent to excessive insurance coverage prices.
“We pay the best malpractice charges within the nation,” Borom stated. “In case your objective is to only throw one other golden bone to the trial legal professionals, you possibly can be happy to do this. However in order for you physicians who’re well-trained and well-experienced to remain right here in Florida, and maintain you and your sufferers, it’s essential to rethink this.”
Below the legislation, people who find themselves 25 years previous or older can not search what are generally known as “noneconomic” damages in medical-malpractice circumstances involving deaths of their mother and father. Additionally, mother and father can not search such damages in malpractice circumstances involving the deaths of their kids who’re 25 or older.
Home leaders have made a precedence of repealing the legislation. The Home and Senate handed a repeal invoice (HB 6017) throughout the 2025 legislative session, however DeSantis vetoed it in Might, saying the change may “open floodgates” for litigation.
Although the invoice handed by giant margins within the Home and Senate, lawmakers didn’t attempt to override DeSantis’ veto.
“I might have beloved to have performed that,” Trabulsy, who additionally sponsored the 2025 invoice, stated after Wednesday’s assembly. “However I don’t get to make that call.”
Damages in medical-malpractice lawsuits have lengthy been a closely debated — and closely lobbied — problem within the Legislature. However the problem about members of the family not with the ability to pursue noneconomic, typically generally known as pain-and-suffering, damages has included invoice supporters repeatedly showing at conferences to recount emotional tales about shedding mother and father or kids to what they are saying was medical negligence.
“I can’t change my father in 14 years,” Alyssa Crocker, who stated her father died due to negligence at a Miami hospital, advised lawmakers Wednesday. “I can’t change my dad, ever. He’s lifeless. That could be a huge loss. If you happen to don’t need to be sued, don’t be negligent. It’s that easy.”
However opponents of the invoice, together with representatives of the insurance coverage and health-care industries, stated that if the legislation is repealed, the Legislature also needs to cap noneconomic damages in all malpractice circumstances. They contended such a transfer would assist stability elevated prices that will outcome from the repeal.
After the assembly, Trabulsy wouldn’t disclose a method for attempting to get closing approval for the repeal invoice in 2026. However she stated she doesn’t “plan to get the identical outcome, and if I do, then we’ll go spherical three.”
Rep. Kim Berfield, R-Clearwater, and Rep. Danny Nix, R-Placida, solid the dissenting votes Wednesday. A Senate model of the invoice has not been filed.
Information Service Task Supervisor Tom City contributed to this report.
