FACT-CHECKING THE REASONS FOR PROPOSED MEDICAL MALPRACTICE
CAPS
With a statewide push to end Florida’s Wrongful Death Act, which limits who can sue over a death from medical malpractice, Florida lawmakers have filed
five bills this session to fully or partially repeal the law.
If you are 25 or older, unmarried or widowed, and have no children under the
age of 25, you’re what critics of Florida’s law call a “free kill.”
If that’s you, subsection eight of Florida’s Wrongful Death Act says your loved ones can’t sue the doctor or healthcare facility for mental pain and suffering damages.
Of the five bills filed, Senator Clay Yarborough’s SB 248 is the only one that is making progress. If it becomes law, Florida’s so-called “free kill”
law would go away.
Anyone would be able to sue over their loved one’s suspected medical malpractice death, but it would add caps on pain and suffering
damages for anyone who sues over wrongful deaths or injuries caused by medical malpractice.
Supporters say if lawmakers increase the number of people
who have the option to sue, the caps are a necessary compromise to keep doctors’ liability insurance rates from skyrocketing.
Patients and their families would
be limited to recovering a max of $500,000 in pain and suffering damages from a medical practitioner.
That gets bumped up to a cap of $750,000
for medical facilities like hospitals.
Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.
Learn More: https://thefernandezlawgroup.com/
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