Damages Recoverable in Wrongful Death Actions:
HB 25, titled the "Keith Davis Family Protection Act," would revise Florida’s wrongful death damages law to allow certain family members to recover noneconomic damages in medical negligence cases that are currently barred. Specifically, it removes the statutory prohibition that prevents adult children from recovering for lost parental companionship, instruction, guidance, and mental pain and suffering, and it removes the prohibition that prevents parents of an adult child from recovering mental pain and suffering when the death results from medical negligence and there are no other survivors.
The bill also makes conforming changes to provisions governing nursing homes and assisted living facilities, clarifying that actions under those chapters are not medical malpractice claims and that the wrongful death limitation in section 768.21(8) does not apply to claims alleging the death of a resident. The bill would take effect July 1, 2025, if enacted.
If enacted, HB 25 would amend sections 400.023, 400.0235, 429.295, and 768.21 of the Florida Statutes. Its practical effect would be to expand the class of survivors who may recover noneconomic wrongful death damages in medical negligence cases, particularly adult children of deceased parents and parents of deceased adult children. It would also affect litigation involving nursing homes, assisted living facilities, and other long-term care settings by aligning those statutes with the bill’s expanded damages framework.
The available context shows no committee debate or recorded votes, and the bill was withdrawn before introduction. Based on the bill text, the measure appears to be framed as a family-protection and survivor-rights expansion, suggesting a sympathetic policy goal for families of deceased patients. However, because there is no recorded discussion or vote history, there is no direct evidence of legislative support or opposition in the provided materials.
The central point of contention is the bill’s removal of long-standing limits on noneconomic damages in medical negligence wrongful death cases. Supporters would likely argue that adult children and parents of adult children should have the same opportunity to recover for grief and loss as other wrongful death beneficiaries, especially in cases involving alleged negligence in care facilities or medical settings. Opponents would likely focus on increased liability exposure for healthcare providers, nursing homes, assisted living facilities, and insurers, as well as the broader policy concern that expanding recoverable damages could increase litigation costs and malpractice premiums.