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 modifies 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 removing previous restrictions that prevented adult children and parents of adult children from recovering certain damages in medical negligence cases. The bill also revises section 768.21 to allow all potential beneficiaries of a wrongful death recovery to be identified in the complaint, and it expands the scope of recoverable damages for parents of deceased minor and adult children.
Key changes include the deletion of a provision in section 768.21 that prohibited adult children and parents of adult children from recovering damages related to mental pain and suffering in medical negligence claims. This amendment allows these family members to seek compensation for their losses, thereby broadening the rights of families affected by wrongful death. The act is set to take effect on July 1, 2025.
Statutes affected: S 616 Filed: 400.023, 400.0235, 429.295, 768.21