The bill, titled the "Keith Davis Family Protection Act," aims to amend existing Florida statutes related to damages recoverable in wrongful death actions. It specifically removes the prohibition against adult children and parents of adult children recovering certain damages in medical negligence suits. The bill amends sections 400.023, 400.0235, and 429.295 to clarify that actions for violations of rights or negligence are not classified as medical malpractice, thereby allowing for broader recovery options for families affected by wrongful death.
Additionally, the bill revises section 768.21 to ensure that all potential beneficiaries of a wrongful death recovery, including the decedent's estate, are identified in the complaint. It allows minor children and parents of deceased minor children to recover for mental pain and suffering, while also enabling parents of adult children to recover for mental pain and suffering if there are no other survivors. The act is set to take effect on July 1, 2025.
Statutes affected: H 25 Filed: 400.023, 400.0235, 429.295, 768.21