Recovery of Damages for Medical Negligence Resulting in Death
Summary
SB 1700 revises Florida’s wrongful death damages law to allow certain family members to recover damages in medical negligence death cases that are currently barred. Under existing law, adult children cannot recover lost companionship, instruction, guidance, or mental pain and suffering for the death of a parent in a medical negligence case, and parents of an adult child cannot recover mental pain and suffering for the death of that adult child. The bill deletes that limitation from section 768.21(8), Florida Statutes.
The bill also makes conforming changes to the statutes governing nursing home and assisted living facility actions, clarifying that claims under those chapters are not medical malpractice claims and that the medical-negligence damages restriction in section 768.21(8) does not apply when a resident dies. The affected statutes are sections 400.023, 400.0235, and 429.295, and the bill takes effect July 1, 2026.
Impact
The bill would expand the pool of wrongful death beneficiaries who may recover noneconomic damages in medical negligence cases, increasing potential liability for healthcare providers and related facilities. It would also align the nursing home and assisted living facility civil-enforcement statutes with the revised wrongful death damages rule by expressly exempting resident-death claims from the medical-negligence damages limitation. In practical terms, adult children and parents of adult children would gain access to damages previously unavailable in these categories when a death is alleged to result from medical negligence.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the measure appears to be a targeted plaintiff-expanding tort reform reversal with a clear policy objective. The caption and drafting suggest support for broader recovery rights for families of deceased patients and residents. No formal vote history or transcript is available here to show opposition or support, but the bill’s effect indicates it would likely be favored by claimant advocates and scrutinized by healthcare and long-term care interests.
Contention
The main point of contention is the expansion of recoverable damages in medical negligence death cases, especially the removal of the current bar on adult children and parents of adult children recovering noneconomic damages. Opponents would likely argue that this increases malpractice exposure and insurance costs for physicians, hospitals, nursing homes, and assisted living facilities. Supporters would likely contend that the current statute unfairly limits recovery for close family members and creates inconsistent treatment of wrongful death claims involving medical negligence versus other forms of negligence.