Florida 2024 Regular Session Status: In Committee 2 R cosponsors

SB 248 — Medical Negligence

Last action — Died in Fiscal Policy

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Medical Negligence; Revising the limits on noneconomic damages for personal injury or wrongful death arising from medical negligence; 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, etc.

Bill Text

What changed in the latest version

458 added · 121 removed

458 line(s) added, 121 removed.

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Florida Senate - 2024 SB 248 By Senator Yarborough 4-00433A-24 2024248__ A bill to be entitled An act relating to medical negligence;
Florida Senate - 2024 CS for SB 248 By the Committee on Judiciary;
and Senators Yarborough, Burgess, Book, Hutson, Perry, and Stewart 590-02354-24 2024248c1 A bill to be entitled 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;
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.
specifying which medical expenses resulting from medical negligence may be recovered by a personal representative or canceled by a court;
deleting a provision that prohibits adult children and parents of adult children from recovering certain damages in medical negligence suits;
expanding the class of survivors who may recover noneconomic damages due to a wrongful death caused by medical negligence;
requiring that medical malpractice insurer rate filings reflect certain changes in costs and expenses;
providing that such recoveries are contingent upon certain findings or determinations by the Agency for Health Care Administration or the Department of Health;
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;
making technical changes;
Be It Enacted by the Legislature of the State of Florida:
Page 1 of 15 CODING:
Section 1.
Subsections (6) and (8) of section 768.21, Florida Statutes, are amended to read:
768.21 Damages.—All potential beneficiaries of a recovery for wrongful death, including the decedent’s estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged.
Damages may be awarded as follows:
(6) The decedent’s personal representative may recover for the decedent’s estate the following:
(a) Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest.
Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:
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Florida Senate - 2024 SB 248 4-00433A-24 2024248__ 1.
Florida Senate - 2024 CS for SB 248 590-02354-24 2024248c1 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.
If the decedent’s survivors include a surviving spouse or lineal descendants;
United States, 134 So.
or 2.
3d 894 (Fla.
If the decedent is not a minor child as defined in s.
2014) and North Broward Hospital District v.
768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent.
Kalitan, 219 So.
(b) Medical or funeral expenses due to the decedent’s injury or death which that have become a charge against her or his estate or have been that were paid by or on behalf of decedent, excluding amounts recoverable under subsection (5).
3d 49 (Fla.
The medical expenses described in this paragraph include amounts paid by the decedent or the decedent’s estate for the course of negligent medical care or treatment that caused the decedent’s death and for any medical care or treatment resulting from the negligent medical care.
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.
Any outstanding charges submitted to the decedent or the decedent’s estate by a health care practitioner or health care facility found to have committed medical negligence that caused the decedent’s death must be canceled by the court.
United States and North Broward Hospital District v.
Such charges include any charges for the course of negligent medical care or treatment and any charges by the practitioner or facility for care or treatment resulting from the negligence.
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 Page 2 of 15 CODING:
Evidence of remarriage of the decedent’s spouse is admissible.
(8) The decedent’s personal representative may initiate a medical negligence action to recover the damages described in subsection (3) for the adult children of the decedent or the damages described in subsection (4) for each parent of the decedent only as provided in this subsection.
(a)1.
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A medical negligence action to recover the damages Page 2 of 4 CODING:
Florida Senate - 2024 SB 248 4-00433A-24 2024248__ described in subsection (3) or subsection (4) may be initiated against a health care practitioner who, at the time of the decedent’s medical care or treatment, was licensed by the Department of Health if a probable cause panel or the department finds probable cause as described in s.
Florida Senate - 2024 CS for SB 248 590-02354-24 2024248c1 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, Page 3 of 15 CODING:
456.073(4) to believe that such practitioner committed a violation of law or rule relating to his or her profession which constituted a breach of the prevailing professional standard of care and caused the decedent’s death.
Words stricken are deletions;
If such an action is authorized against a health care practitioner under this subsection, a claim for medical negligence to recover the damages described in subsection (3) or subsection (4) may also be brought against any health care facility that is vicariously liable for the health care practitioner’s negligence.
words underlined are additions.
Florida Senate - 2024 CS for SB 248 590-02354-24 2024248c1 Be It Enacted by the Legislature of the State of Florida:
90 Section 1.
Subsection (9) of section 400.023, Florida Statutes, is amended to read:
400.023 Civil enforcement.— (9) An action under this part for a violation of rights or negligence recognized herein is not a claim for medical malpractice, and s.
768.21(8) does not apply to a claim alleging death of the resident.
Section 2.
Section 400.0235, Florida Statutes, is amended to read:
400.0235 Certain provisions not applicable to actions under this part.—An action under this part for a violation of rights or negligence recognized under this part is not a claim for medical malpractice, and the provisions of s.
768.21(8) do not apply to a claim alleging death of the resident.
Section 3.
Section 429.295, Florida Statutes, is amended to read:
429.295 Certain provisions not applicable to actions under this part.—An action under this part for a violation of rights or negligence recognized herein is not a claim for medical malpractice, and the provisions of s.
768.21(8) do not apply to a claim alleging death of the resident.
Section 4.
Section 766.118, Florida Statutes, is amended to read:
766.118 Determination of noneconomic damages.— (1) DEFINITIONS.—As used in this section, the term:
(a) “Catastrophic injury” means a permanent impairment constituted by:
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Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 248 590-02354-24 2024248c1 1.
Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk;
A medical negligence action to recover the damages described in subsection (3) or subsection (4) may be initiated against a health care facility that, at the time of the decedent’s treatment or care, was licensed by the Agency for Health Care Administration or the department and against any person who is vicariously liable for the health care facility’s negligence if:
Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage;
3.
Severe brain or closed-head injury as evidenced by:
The agency or the department finds that the health care facility committed a violation of a law or rule which constitutes a breach of the prevailing professional standard of care and caused the decedent’s death;
Severe sensory or motor disturbances;
or b.
b.
The department finds probable cause to believe that a practitioner violated a law or rule relating to his or her profession which constituted a breach of the prevailing professional standard of care and caused the decedent’s death Page 3 of 4 CODING:
Severe communication disturbances;
c.
Severe complex integrated disturbances of cerebral function;
d.
Severe episodic neurological disorders;
or e.
Other severe brain and closed-head injury conditions at least as severe in nature as any condition provided in sub- subparagraphs a.-d.;
4.
Second-degree or third-degree burns of 25 percent or more of the total body surface or third-degree burns of 5 percent or more to the face and hands;
5.
Blindness, defined as a complete and total loss of vision;
or 6.
Loss of reproductive organs which results in an inability to procreate.
(b) “Noneconomic damages” means noneconomic damages as defined in s.
766.202(8).
(b)(c) “Practitioner” means any person licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, chapter 466, chapter 467, chapter 486, or s.
464.012 or registered under s.
464.0123.
“Practitioner” also means any association, corporation, firm, partnership, or other business entity under which such practitioner practices or any employee of such practitioner or entity acting in the scope of Page 5 of 15 CODING:
Florida Senate - 2024 SB 248 4-00433A-24 2024248__ and the facility is vicariously liable for the practitioner’s negligence.
Florida Senate - 2024 CS for SB 248 590-02354-24 2024248c1 his or her employment.
(b) The presuit procedures required to be followed under chapter 766, including those relating to presuit investigations, notice, and discovery, do not apply to a medical negligence action authorized by this subsection.
For the purpose of determining the limitations on noneconomic damages set forth in this section, the term “practitioner” includes any person or entity for whom a practitioner is vicariously liable and any person or entity whose liability is based solely on such person or entity being vicariously liable for the actions of a practitioner.
(c) If the personal representative of the decedent files a legally sufficient complaint alleging medical negligence by a health care practitioner or health care facility within 180 days after the decedent’s death with the Agency for Health Care Administration or the Department of Health and there has not been a dismissal or final resolution of the complaint within 9 months after submission of the complaint, the determination of probable cause is deemed to have been made.
(2) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF A PRACTITIONER PRACTITIONERS.— (a) With respect to a cause of action for personal injury or wrongful death arising from medical negligence of a practitioner practitioners, regardless of the number of such practitioner defendants, noneconomic damages may shall not exceed $500,000 per claimant.
(d) A finding of probable cause by a probable cause panel or the department is not admissible in a medical negligence action authorized under this subsection The damages specified in subsection (3) shall not be recoverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s.
No practitioner shall be liable for more than $500,000 in noneconomic damages, regardless of the number of practitioners who are liable for a claimant’s damages claimants.
(b) Notwithstanding paragraph (a), if the negligence resulted in a permanent vegetative state or death, the total noneconomic damages recoverable from all practitioners, regardless of the number of claimants, under this paragraph shall not exceed $1 million.
In cases that do not involve death or permanent vegetative state, the patient injured by medical negligence may recover noneconomic damages not to exceed $1 million if:
1.
The trial court determines that a manifest injustice would occur unless increased noneconomic damages are awarded, based on a finding that because of the special circumstances of the case, the noneconomic harm sustained by the injured patient was particularly severe;
and Page 6 of 15 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 248 590-02354-24 2024248c1 2.
The trier of fact determines that the defendant’s negligence caused a catastrophic injury to the patient.
(c) The total noneconomic damages recoverable by all claimants from all practitioner defendants under this subsection shall not exceed $1 million in the aggregate.
(3) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF A NONPRACTITIONER DEFENDANTS.— (a) With respect to a cause of action for personal injury or wrongful death arising from medical negligence of a nonpractitioner nonpractitioners, regardless of the number of such nonpractitioner defendants, noneconomic damages may shall not exceed $750,000 per claimant, regardless of the number of nonpractitioners who are liable for a claimant’s damages.
(b) Notwithstanding paragraph (a), if the negligence resulted in a permanent vegetative state or death, the total noneconomic damages recoverable by such claimant from all nonpractitioner defendants under this paragraph shall not exceed $1.5 million.
The patient injured by medical negligence of a nonpractitioner defendant may recover noneconomic damages not to exceed $1.5 million if:
1.
The trial court determines that a manifest injustice would occur unless increased noneconomic damages are awarded, based on a finding that because of the special circumstances of the case, the noneconomic harm sustained by the injured patient was particularly severe;
and 2.
The trier of fact determines that the defendant’s negligence caused a catastrophic injury to the patient.
(c) A nonpractitioner is defendants are subject to the cap on noneconomic damages provided in this subsection regardless of Page 7 of 15 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 248 590-02354-24 2024248c1 the theory of liability, including vicarious liability.
(d) The total noneconomic damages recoverable by all claimants from all nonpractitioner defendants under this subsection shall not exceed $1.5 million in the aggregate.
(4) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF A PRACTITIONER PRACTITIONERS PROVIDING EMERGENCY SERVICES AND CARE.—Notwithstanding subsections (2) and (3), with respect to a cause of action for personal injury or wrongful death arising from medical negligence of a practitioner who provided practitioners providing emergency services and care, as defined in s.
395.002(9), or provided providing services as provided in s.
401.265, or provided providing services pursuant to obligations imposed by 42 U.S.C.
s.
1395dd to a person persons with whom the practitioner did does not have a then-existing health care patient-practitioner relationship for that medical condition:
(a) Regardless of the number of such practitioner defendants, noneconomic damages may shall not exceed $150,000 per claimant, regardless of the number of practitioners who are liable for a claimant’s damages.
(b) Notwithstanding paragraph (a), the total noneconomic damages recoverable by all claimants from all such practitioners shall not exceed $300,000.
The limitation provided by this subsection applies only to noneconomic damages awarded as a result of any act or omission of providing medical care or treatment, including diagnosis that occurs prior to the time the patient is stabilized and is capable of receiving medical treatment as a nonemergency patient, unless surgery is required as a result of the emergency within a reasonable time after the Page 8 of 15 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 248 590-02354-24 2024248c1 patient is stabilized, in which case the limitation provided by this subsection applies to any act or omission of providing medical care or treatment which occurs prior to the stabilization of the patient following the surgery.
(5) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF A NONPRACTITIONER DEFENDANTS PROVIDING EMERGENCY SERVICES AND CARE.—Notwithstanding subsections (2) and (3), with respect to a cause of action for personal injury or wrongful death arising from medical negligence of a nonpractitioner defendants other than a practitioner who provided practitioners providing emergency services and care pursuant to obligations imposed by s.
395.1041 or s.
401.45, or obligations imposed by 42 U.S.C.
s.
1395dd to a person persons with whom the practitioner did does not have a then-existing health care patient-practitioner relationship for that medical condition:
(a) Regardless of the number of such nonpractitioner defendants, Noneconomic damages may shall not exceed $750,000 per claimant, regardless of the number of nonpractitioners who are liable for a claimant’s damages.
(b) Notwithstanding paragraph (a), the total noneconomic damages recoverable by all claimants from all such nonpractitioner defendants shall not exceed $1.5 million.
(c) A nonpractitioner defendants may receive a full setoff for payments made by a practitioner defendants.
The limitation provided by this subsection applies only to noneconomic damages awarded as a result of any act or omission of providing medical care or treatment, including a diagnosis that occurs before prior to the time the patient is stabilized Page 9 of 15 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 248 590-02354-24 2024248c1 and is capable of receiving medical treatment as a nonemergency patient, unless surgery is required as a result of the emergency within a reasonable time after the patient is stabilized, in which case the limitation provided by this subsection applies to any act or omission of providing medical care or treatment which occurs before prior to the stabilization of the patient following the surgery.
(6) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF A PRACTITIONER PROVIDING SERVICES AND CARE TO A MEDICAID RECIPIENT.—Notwithstanding subsections (2), (3), and (5), with respect to a cause of action for personal injury or wrongful death arising from medical negligence of a practitioner committed in the course of providing medical services and medical care to a Medicaid recipient, regardless of the number of such practitioner defendants providing the services and care, noneconomic damages may not exceed $300,000 per claimant, regardless of the number of practitioners who are liable for a claimant’s damages, unless the claimant pleads and proves, by clear and convincing evidence, that the practitioner acted in a wrongful manner.
A practitioner providing medical services and medical care to a Medicaid recipient is not liable for more than $200,000 in noneconomic damages, regardless of the number of claimants, unless the claimant pleads and proves, by clear and convincing evidence, that the practitioner acted in a wrongful manner.
The fact that a claimant proves that a practitioner acted in a wrongful manner does not preclude the application of the limitation on noneconomic damages prescribed elsewhere in this section.
For purposes of this subsection:
(a) The terms “medical services,” “medical care,” and Page 10 of 15 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 248 590-02354-24 2024248c1 “Medicaid recipient” have the same meaning as provided in s.
409.901.
(b) The term “practitioner,” in addition to the meaning prescribed in subsection (1), includes any hospital or ambulatory surgical center as defined and licensed under chapter 395.
(c) The term “wrongful manner” means in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property, and shall be construed in conformity with the standard set forth in s.
768.28(9)(a).
(7) SETOFF.—In any case in which the jury verdict for noneconomic damages exceeds the limits established by this section, the trial court shall reduce the award for noneconomic damages within the same category of defendants in accordance with this section after making any reduction for comparative fault as required by s.
768.81 but before application of a setoff in accordance with ss.
46.015 and 768.041.
In the event of a prior settlement or settlements involving one or more defendants subject to the limitations of the same subsection applicable to a defendant remaining at trial, the court shall make such reductions within the same category of defendants as are necessary to ensure that the total amount of noneconomic damages recovered by the claimant do does not exceed the aggregate limit established by the applicable subsection.
This subsection is not intended to change current law relating to the setoff of economic damages.
(8) ACTIONS GOVERNED BY SOVEREIGN IMMUNITY LAW.—This section does shall not apply to actions governed by s.
768.28.
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Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 248 590-02354-24 2024248c1 Section 5.
Subsection (8) of section 768.21, Florida Statutes, is amended, and subsections (3) and (4) of that section are republished, to read:
768.21 Damages.—All potential beneficiaries of a recovery for wrongful death, including the decedent’s estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged.
Damages may be awarded as follows:
(3) Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.
For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other.
(4) Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury.
Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.
(8) The damages specified in subsection (3) shall not be recoverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s.
Section 2.
Section 6.
(1) Every medical malpractice insurer and every medical malpractice insurer rate filing made with the Office of Insurance Regulation on or after January 1, 2025, must reflect the projected changes in claim frequency, claim severity, and loss adjustment expenses, including for attorney fees, and any Page 12 of 15 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 248 590-02354-24 2024248c1 other change actuarially indicated, due to the combined effect of the applicable provisions of this act in order to ensure that rates for such insurance accurately reflect the risk of providing such insurance.
(2) The Office of Insurance Regulation shall consider in its review of rate filings made on or after January 1, 2025, the projected changes in costs associated with the amendments to ss.
766.118 and 768.21(8), Florida Statutes, by this act.
The office may develop methodology and data that incorporate generally accepted actuarial techniques and standards to be used in its review of rate filings governed by this section.
The methodology must account for the expected losses, by class, of insureds covered by a medical malpractice insurance, provided the methodology is consistent with generally accepted actuarial techniques and standards.
Such methodology and data are not intended to create a mandatory rate increase or decrease for all medical malpractice insurers, but rather to ensure that the rates for such coverage meet the requirements of s.
627.062, Florida Statutes, and thus, are not inadequate, excessive, or unfairly discriminatory and allow such insurers a reasonable rate of return.
Section 7.
(1) The Office of Program Policy Analysis and Government Accountability shall study the efficacy of the statutory caps imposed by this act on noneconomic damages in actions for personal injury or wrongful death arising from medical negligence.
The office may retain experts as are reasonably necessary to complete the study.
The study must include, but need not be limited to, an evaluation of the current, historical, and forecast data of the following:
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Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 248 590-02354-24 2024248c1 (a) The availability, affordability, and volatility of professional liability insurance coverage for medical negligence.
(b) The per capita supply of licensed physicians in this state, including those in high-risk specialties that may include, but are not limited to, internal medicine, general surgery, and obstetrics and gynecology.
(c) The extent to which physicians in this state are forced to practice medicine without professional liability insurance, leave the state, refrain from practice in high-risk specialties, or retire early from the practice of medicine.
(d) Evidence of the relationship between the statutory caps and changes in the matters addressed in paragraphs (a), (b), and (c).
(2) By December 31, 2029, the office shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives which includes findings from its study and recommendations as to whether the statutory caps on noneconomic damages should be retained, modified, or eliminated.
Section 8.
For the purpose of incorporating the amendment made by this act to section 766.118, Florida Statutes, in a reference thereto, paragraph (a) of subsection (3) of section 766.209, Florida Statutes, is reenacted to read:
766.209 Effects of failure to offer or accept voluntary binding arbitration.— (3) If the defendant refuses a claimant’s offer of voluntary binding arbitration:
(a) The claim shall proceed to trial, and the claimant, upon proving medical negligence, shall be entitled to recover Page 14 of 15 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 248 590-02354-24 2024248c1 damages subject to the limitations in s.
766.118, prejudgment interest, and reasonable attorney’s fees up to 25 percent of the award reduced to present value.
Section 9.
This act applies to causes of action that accrue on or after July 1, 2024.
Section 10.
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Action History

  1. Died in Fiscal Policy

  2. CS by Judiciary read 1st time

  3. Now in Fiscal Policy

  4. Remaining references corrected to Fiscal Policy; Rules

  5. Original reference(s) removed: Appropriations Committee on Health and Human Services

  6. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  7. CS by Judiciary; YEAS 8 NAYS 2

  8. On Committee agenda-- Judiciary, 01/22/24, 1:30 pm, 412 Knott Building

  9. Introduced

  10. Referred to Judiciary; Appropriations Committee on Health and Human Services; Rules

  11. Filed

Sponsors

  • Judiciary · Primary
  • Clay Yarborough · Primary
  • Danny Burgess · Cosponsor
  • Book · Cosponsor
  • Hutson · Cosponsor
  • Perry · Cosponsor
  • Stewart · Cosponsor

Sponsorship breakdown

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2 sponsors · 5 co-sponsors · 157 not signed on · 1 voted No

Sponsors (2)

Co-sponsors (5)

Not signed on (157)

157 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable with Committee Substitute

Passed 8 Yea · 2 Nay
Party YeaNayPresentNot Voting
Republican 6000
Unaffiliated 2200
Total 8200
% of votes cast 80%20%0%0%
How each member voted (10)
Member Party Vote
Broxson — Yea
Stewart — Yea
Book — Nay
Thompson, Geraldine F. "Geri" — Nay
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Harrell, Gayle Republican Yea
Yarborough, Clay Republican Yea

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Subjects

healthcare health-insurance
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Frequently asked questions

What does SB 248 do?
Medical Negligence; Revising the limits on noneconomic damages for personal injury or wrongful death arising from medical negligence; 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, etc.
Who sponsors SB 248?
SB 248 is sponsored by Judiciary, Yarborough, Clay (Republican), Burgess, Danny (Republican), Book, Hutson, Perry, and Stewart.
What is the current status of SB 248?
This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 248?
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