Florida’s HB 25: A Step Toward Justice in Medical Negligence Wrongful Death Cases
In Florida, families who lose a loved one due to medical negligence often face an unexpected legal roadblock: many are barred from recovering non-economic damages in wrongful death lawsuits. This restriction has left countless grieving families without legal recourse when seeking justice against negligent medical providers. Now, Florida lawmakers are considering HB 25, the Keith Davis Family Protection Act, which would repeal this restriction and align Florida with the majority of U.S. states.
Understanding HB 25 and What It Seeks to Change
Under current Florida law, parents who lose an adult child due to medical negligence—and adult children who lose a parent—are not allowed to recover non-economic damages in a wrongful death claim. This restriction is unique to medical negligence cases and does not apply to other types of wrongful death lawsuits, such as car accidents or workplace injuries.
HB 25 seeks to eliminate this unfair legal barrier, allowing families to pursue compensation for the pain, suffering, and emotional distress caused by losing a loved one to medical malpractice. If passed, this law would ensure greater accountability for negligent healthcare providers and provide families with a path to justice that is currently denied to them.
Legal experts argue that Florida is one of the few states that still has this restriction. If HB 25 passes, it would bring the state in line with most of the country, where these claims are already permitted. The bill could also encourage healthcare providers to strengthen safety protocols, as increased accountability often leads to improved patient care and a reduction in medical negligence cases.
What Are Non-Economic Damages?
Non-economic damages are compensation awarded for intangible losses that do not have a direct monetary value. These damages recognize the profound impact that a wrongful death can have on surviving family members. In medical negligence cases, non-economic damages may include:
Currently, Florida law denies these damages to certain families in wrongful death cases involving medical malpractice. However, in other types of wrongful death claims, families are allowed to seek compensation for these non-economic losses. This inconsistency in the law is exactly what HB 25 aims to correct.
Why Does HB 25 Matter?
Proponents of HB 25 argue that the current law creates an unjust loophole that favors negligent medical providers over grieving families. Legal professionals, including Aaron Davis, Co-Managing Partner of Davis Goldman, emphasize that many attorneys are forced to turn away families with valid medical malpractice claims simply because Florida law does not allow them to recover non-economic damages.
If HB 25 is passed:
Davis describes the bill as a necessary correction to Florida’s wrongful death laws, stating:
What Comes Next?
HB 25 is currently under consideration by Florida lawmakers. If it passes, the bill will go into effect on July 1, 2025. However, legal professionals urge families affected by medical negligence to stay informed and seek legal guidance on how this potential change could impact their ability to file claims.
At Aronberg & Aronberg, we understand the devastating effects of medical negligence and the importance of holding healthcare providers accountable. If you have lost a loved one due to a medical provider’s negligence, our experienced legal team is here to advocate for your rights. Contact us today for a free consultation and learn more about how we can help you pursue justice.
Views: 9
