Gov. Ron DeSantis on Thursday rejected a bill aimed at clearing the way some people pursue malpractice lawsuits over the death of their families.
DeSantis, who had previously shown to reject the bill, appeared at Gulf Coast Medical Center in Fort Myers and said the proposal could “open a flood gate” for the case.
The bill would have repealed a long 1990 law that prevented people over the age of 25 from seeking what is known as “non-economic” damage in cases of medical malpractice, including the death of their parents.
Also, under the law, parents cannot seek such damages in the event of medical malpractice, including the death of a child over the age of 25.
Through this year’s legislative meeting, people who claimed they were murdered by doctors, supported the bill, claiming that their families weren’t accountable.
However, healthcare and business groups opposed the bill, claiming it would reduce the costs of fraudulent insurance and lead to doctors’ decision not to practice in Florida. These groups and DeSantis argued that the repeal of the 1990 law would need to be combined with a wider cap on non-economic damages in medical malpractice cases.
“If you don’t have these caps, you’re really encouraging more lawsuits to be done in Florida,” DeSantis said. “It’s not a free lunch. Someone has to pay it. And unfortunately, if this bill becomes law, I think the costs will be borne by doctors who may escape the state.
Medical malpractice damage caps have been a political lightning problem for decades, as plaintiffs’ lawyers fight against them.
On May 1, the Senate voted 33-4 to pass the bill after slightly rejecting the amendment, including CAPS. The House of Representatives previously approved the measure by 104-6 votes.
