The proposed 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 under these sections are not classified as medical malpractice claims. Additionally, the bill removes a provision from section 768.21 that previously prohibited adult children and parents of adult children from recovering certain damages in medical negligence cases.
The bill also repurposes section 768.21 to allow for the recovery of mental pain and suffering for parents of deceased adult children, provided there are no other survivors. This change is significant as it expands the rights of family members to seek damages in wrongful death cases, particularly in the context of medical negligence. The act is set to take effect on July 1, 2025.
Statutes affected: S 616 Filed: 400.023, 400.0235, 429.295, 768.21