Assembly Bill 1010 amends existing statutes to expand the rights of adult children in cases of medical malpractice resulting in injury or death of a parent. Currently, adult children do not have the legal standing to sue for loss of society and companionship due to a parent's medical malpractice, as established in previous court rulings. The bill introduces new provisions that allow both minor and certain adult children to seek damages under specific circumstances. These include cases where the adult child has a disability and was dependent on the parent for support, where the adult child was enrolled in post-secondary education and financially reliant on the parent, or where the adult child has incurred out-of-pocket expenses related to the parent's injury or death.

The bill also modifies existing legal language by clarifying that any patient or their representative, including spouses, parents, and both minor and adult children, can have claims for injury or death due to malpractice. Specifically, it deletes the previous stipulation that limited claims to certain relatives and inserts broader eligibility criteria for adult children. This legislative change aims to provide greater access to justice for families affected by medical malpractice, ensuring that adult children who meet the outlined criteria can seek compensation for their losses.

Statutes affected:
Bill Text: 655.007