The bill amends Florida Statutes to modify the recovery of damages for medical negligence resulting in death. Specifically, it removes a provision that previously prevented adult children and parents of adult children from recovering damages for mental pain and suffering in cases of medical negligence. The amended language in section 768.21 now allows all potential beneficiaries, including adult children and parents of deceased adult children, to seek damages for mental pain and suffering, thereby broadening the scope of recovery for those affected by medical negligence.

Additionally, the bill makes conforming amendments to sections 400.023, 400.0235, and 429.295, clarifying that actions under these sections for violations of rights or negligence are not classified as medical malpractice, and the deleted provision regarding the applicability of section 768.21(8) to claims alleging death is no longer in effect. The bill is set to take effect on July 1, 2026.

Statutes affected:
H 6003 Filed: 768.21, 400.023, 400.0235, 429.295