This 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 bill updates section 768.21 to allow 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 who can recover damages in wrongful death cases.

Additionally, the bill makes conforming amendments to sections 400.023, 400.0235, and 429.295, clarifying that actions for violations of rights or negligence under these sections are not classified as medical malpractice, and thus the deleted provision from section 768.21 does not apply. The act is set to take effect on July 1, 2026.

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