Bill > H6003

This bill removes restrictions on who can recover damages in medical negligence cases resulting in death. Previously, section 768.21(8) of Florida Statutes prevented adult children and parents of adult children from recovering certain damages in medical negligence claims. The bill eliminates this limitation, allowing adult children to seek damages for parental companionship, instruction, and guidance, and enabling parents of adult children to recover for mental pain and suffering. The bill also makes conforming amendments to sections 400.023, 400.0235, and 429.295 to ensure consistency with the changes to the damages provisions. These amendments apply to various types of negligence claims, including those in nursing homes and other care facilities, by removing language that previously restricted recovery for death-related claims. The changes aim to provide more comprehensive legal recourse for families who have lost a loved one due to medical negligence, regardless of the age of the deceased or the survivors. The bill is set to take effect on July 1, 2026, giving time for legal professionals and institutions to prepare for the new provisions.

Justice

https://www.flsenate.gov/Session/Bill/2026/6003