This bill amends Florida Statutes to modify the recovery of damages for medical negligence resulting in death. Specifically, it removes a provision in section 768.21 that previously precluded adult children and parents of adult children from recovering damages for mental pain and suffering in cases of medical negligence. The bill clarifies that all potential beneficiaries of a wrongful death claim, including the decedent's estate, must be identified in the complaint, and it allows minor children and parents of deceased minor children to recover for lost companionship and mental suffering.

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

Statutes affected:
S 1700 Filed: 768.21, 400.023, 400.0235, 429.295