Florida lawmakers are considering HB 25, which would create the “Keith Davis Family Protection Act”, which seeks to repeal the state’s restriction on non-economic damages in wrongful death cases involving medical negligence.
Under existing Florida law, parents of adult children and adult children of deceased parents cannot recover non-economic damages in wrongful death actions that arise from medical negligence. Legal experts say this leaves many families without legal recourse.
Aaron Davis, Co-Managing Partner of Davis Goldman, tells Florida Daily there are several things that could happen if the law is repealed.
Davis says many attorneys have had to turn away families with strong malpractice claims simply because of this legal carve-out. HB 25 would allow more cases to move forward, ensuring medical providers are held accountable.
“Florida is one of the few states that still has this restriction. If HB 25 passes, it would bring the state in line with the majority of the country, where these claims are already permitted,’ said Davis.
Legal experts also say with increased accountability it would encourage healthcare providers to strengthen safety protocols and reduce medical negligence.
Davis days this bill could shape the future of medical negligence litigation in Florida.
“Florida’s current law creates an unjust loophole that denies grieving families the ability to seek justice after medical negligence. This bill would close that gap, giving families the legal recourse they deserve,” he told Florida Daily. “As it stands, attorneys are forced to turn away families with valid medical malpractice claims simply because the law prevents them from recovering non-economic damages. This bill would finally allow these cases to move forward and hold negligent medical providers accountable,” said Davis.
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