The Florida House on Wednesday overwhelmingly passed a proposal that could lead to more medical malpractice lawsuits, while a similar bill cleared a major hurdle in the Senate.
House members voted 104-6 to approve the bill (HB 6017), which involves wrongful-death lawsuits and what are known as “non-economic” damages for such things as pain and suffering.
The bill would repeal part of a 1990 law that prevents people from seeking non-economic damages in certain circumstances. People who are 25 or older cannot seek such damages in medical malpractice cases involving deaths of their parents. Also, parents cannot seek such damages in malpractice cases involving the deaths of their children who are 25 or older.
Supporters of the bill contend that the law has prevented family members from holding doctors and hospitals accountable for malpractice. Family members who have repeatedly testified at legislative committee meetings about the deaths of parents or children watched from the House gallery as the bill passed.
“For too many families across Florida, justice has never had a chance,” said Rep. LaVon Bracy Davis, D-Ocoee.
But opponents of repealing the law argue it will lead to increased malpractice insurance premiums, which would result in doctors deciding not to practice in Florida. Andrew Bolin, a medical malpractice defense lawyer who represents the business-backed Florida Justice Reform Institute, said Wednesday that the proposed change would lead to “infusing hundreds of new lawsuits into the system.”
House members who voted against the bill were Rep. James Buchanan, R-Sarasota; Rep. Wyman Duggan, R-Jacksonville: Rep. Tom Fabricio, R-Miami Lakes; Rep. Karen Gonzalez Pittman, R-Tampa; Rep. Toby Overdorf, R-Palm City; and Rep. Will Robinson, R-Bradenton.
The bill was sponsored by Rep. Dana Trabulsy, R-Fort Pierce, and Rep. Johanna Lopez, D-Orlando.
The House vote came hours after the Senate Rules Committee approved the Senate version of the bill, which is positioned to go to the full chamber. The committee gave approval after rejecting an amendment that would have created a major difference with the House bill.
Sen. Gayle Harrell, R-Stuart, voted against the bill, saying it would create a disincentive for doctors to practice in Florida because of insurance costs.
“We will have doctors leaving the state,” she said.
But Senate bill sponsor Clay Yarborough, R-Jacksonville, described the current law as unjust and said it does not “value life” and provide accountability for medical negligence.
“For me, it simply comes down to every life has value,” said Sen. Jennifer Bradley, R-Fleming Island.
Proposals to change the 1990 law have surfaced periodically over the years and have spurred lobbying fights. Opponents of the bills this year have included the Florida Hospital Association, Florida Medical Association, Florida Osteopathic Medical Association, Florida Insurance Council, Florida Chamber of Commerce and Associated Industries of Florida.
Supporters have included the Florida Justice Association, which represents plaintiffs’ attorneys, and AARP.
