This bill amends Florida's Wrongful Death Act to include specific provisions regarding the wrongful death of unborn children. It revises the definition of "survivors" to include the parents of an unborn child and introduces a new definition for "unborn child" as a member of the species Homo sapiens at any stage of development carried in the womb. Additionally, the bill clarifies that wrongful death actions cannot be brought against the mother of an unborn child or against healthcare providers for the death of an unborn child resulting from lawful medical care that adheres to the applicable standard of care.
Furthermore, the bill allows parents of an unborn child to recover damages for mental pain and suffering from the date of injury, similar to the provisions for deceased minor children. It also makes conforming changes to existing statutes to ensure consistency with these new definitions and provisions. The act is set to take effect on July 1, 2025.
Statutes affected: S 1284 Filed: 768.19
S 1284 c1: 768.19