Florida Governor Ron DeSantis – Courtesy: Shutterstock – Image by YES Market Media
Fort Myers, Florida – A plan passed by Florida lawmakers that would have removed the age limit for pursuing uncapped non-economic damages in medical malpractice claims was vetoed by Governor Ron DeSantis on Thursday.
With almost 90 percent of the state Senate and House of Representatives voting in favor of the bipartisan legislation, Florida lawmakers enacted it.
Comparing non-economic and economic damages
Overview:
Non-economic damages examine pain and suffering, emotional anguish, and other elements, whereas economic damages concentrate on recorded cash losses, such as medical expenses and missed income.
HB 6017
Background: House of Representatives in the state enacted HB 6017 during this year’s session, proposing to “remove the provision that precluded certain persons from recovering damages for medical negligence resulting in death.”
Adults over 25 are prohibited from suing for non-economic damages on behalf of their parents in the event that they pass away as a result of medical malpractice under Florida’s existing “Free Kill” law. Parents of children over 25 are subject to similar limitations.
Families of victims of medical misconduct, regardless of age, have the right to seek damages, according to the measure’s supporters.
However, the absence of restrictions on non-economic damages was challenged by opponents.
What they’re saying: When the governor announced the veto, a number of families who had been pleading with him to sign the bill into law were devastated.
“I was absolutely disgusted,” Cindy Jenkins of St. Augustine told FOX 13 after her daughter passed away due to negligence after a vehicle accident, not long after she turned 25. “Ever since they killed my daughter, I have been fighting this with everything I own. To be completely honest, I have sacrificed all else in my life for this.
Jenkins stated that she is one of the people that requested another meeting with the governor prior to his final decision, but they were never given the opportunity.
“We are not attempting to fight this in order to gain access to the legal system. Justice will never be served. Jenkins stated on Thursday, “We don’t want other people to experience it.”
What they’re saying:
DeSantis and Florida Surgeon General Dr. Joseph Ladapo blasted the bill during a news conference in Fort Myers on Thursday, claiming that more lawsuits would have a number of detrimental consequences.
“If this legislation were enacted, it would lead to higher costs for Floridians, it would lead to less access to health care for Floridians, and it would make it harder for us to keep, recruit and maintain physicians in the state of Florida,” DeSantis stated.
In addition, DeSantis provided arguments for changing malpractice laws to be “acceptable” in his opinion.
“Focus on holding the physician directly accountable with regulatory action,” DeSantis stated. “The doctor does not cover the cost of a malpractice lawsuit. It is paid for by the insurance company.
Both Ladapo and the governor proposed capping non-economic damages and the amount that lawyers might be compensated.
“Frankly, it’s insane to have a system with no caps on non-economic damages and expect for that system to continue to sustain itself,” Ladapo stated.
Next steps:
Although it’s unclear if lawmakers intend to do so, they might vote to override the governor’s veto.
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Chris began his writing as a hobby while attending Florida Southern College in Lakeland, Florida. Today he and his wife live in the Orlando area with their three children and dog.
