Bill > S0248

Introduced Session

An act relating to medical negligence; amending ss. 400.023, 400.0235, and 429.295, F.S.; conforming provisions to changes made by the act; amending s. 766.118, F.S.; deleting the definition of the term “catastrophic injury”; revising the limits on noneconomic damages for personal injury or wrongful death arising from medical negligence; making technical changes; amending s. 768.21, F.S.; deleting a provision that prohibits adult children and parents of adult children from recovering certain damages in medical negligence suits; requiring that medical malpractice insurer rate filings reflect certain changes in costs and expenses; requiring the Office of Insurance Regulation to consider such changes in its review of rate filings; authorizing the Office of Insurance Regulation to develop certain methodology and data in reviewing rate filings by medical malpractice insurers; requiring the Office of Program Policy Analysis and Government Accountability to study the efficacy of caps on noneconomic damages and to report its findings and recommendations to the Governor and the Legislature by a specified date; reenacting s. 766.209(3)(a), F.S., relating to effects of failure to offer or accept voluntary binding arbitration, to incorporate the amendment made to s. 766.118, F.S., in a reference thereto; providing applicability; providing an effective date. WHEREAS, the Legislature finds that expanding the right to recover noneconomic damages for wrongful death caused by medical negligence furthers an important state interest of promoting accountability and adherence to the applicable standards of care, and WHEREAS, the Legislature further recognizes that the expansion of the right to recover damages must be balanced against the important state interests of minimizing increases in the cost of malpractice insurance and promoting the availability of quality health care services, and WHEREAS, the Legislature finds that limitations on noneconomic damages in medical negligence cases further the critical state interest in promoting the affordability and availability of health care services, and WHEREAS, the Legislature finds that the cases of Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014) and North Broward Hospital District v. Kalitan, 219 So. 3d 49 (Fla. 2017), which invalidated limits on noneconomic damages, were decided contrary to legislative intent and prior case law interpreting the equal protection clauses of the United States Constitution and the State Constitution, and WHEREAS, the cases of Estate of McCall v. United States and North Broward Hospital District v. Kalitan are inconsistent with the decisions of other courts addressing limits on damages, and WHEREAS, the Legislature finds that the state has the highest medical malpractice insurance premiums in the nation and is in a sustained and continuing crisis of affordability with respect to the price of medical malpractice insurance, and WHEREAS, the Legislature finds that having the highest medical malpractice insurance premiums in the nation is causing physicians to practice medicine without malpractice insurance, begin medical careers in other states, pursue opportunities to practice in other states, abstain from performing high-risk procedures in this state, or retire early from the practice of medicine, and WHEREAS, the Legislature finds that the crisis of having the highest medical malpractice insurance premiums in the nation threatens the quality and availability of health care services for everyone in this state, and WHEREAS, the Legislature finds that the rapidly growing population and the changing demographics of this state make it imperative for the state to have a legal environment that helps to attract and retain physicians, and WHEREAS, the Legislature finds that there is an overpowering public necessity to ensure that physicians practice medicine in this state, and WHEREAS, the Legislature finds that there is also an overpowering public necessity to enact policies that prevent medical malpractice insurance premiums from being unaffordable and continuing at crisis levels, and WHEREAS, the Legislature finds that limitations on noneconomic damages in medical negligence cases further the public necessities of making quality health care available to the residents of this state, ensuring that physicians practice medicine in this state, and ensuring that those physicians have the opportunity to purchase affordable medical malpractice insurance, NOW, THEREFORE,

AI Summary

Committee Categories

Clay Yarborough (R)*,  Lauren Book (D),  Danny Burgess (R),  Travis Hutson (R),  Keith Perry (R),  Linda Stewart (D), 

Other Sponsors (1)

Died in Fiscal Policy (on 03/08/2024)

Official Document