Operation by Tom Wheeler
At the 2025 legislative conference, I had the opportunity to testify before several legislative committees on the subject of medical malpractice. There was a serious debate going on about whether to change Florida law to allow families to seek compensation for pain and distress associated with legitimate medical malpractice claims. Ultimately, the bill was passed and, thankfully, the governor refused.
As a small business leader, I can already tell you that I was previously held hostage by frivolous lawsuits. My hope is to do more to stop the settlement shoppers, not helping us with abuse in our courts. That being said, the loss of a loved one is always heartbreaking, and death as a result of medical malpractice is something we all want to stop. But making it easier to file emotional damage in these cases does nothing to stop medical misconduct. The outcome of expanding the scope of the lawsuit is broad-based for consumers, taxpayers and patients.
The direct family already has the authority in Florida to sue financial damages against medical malpractice claims. Pain and suffering were vague terms, and would have exaggerated the claims and the juicy awards significantly. This would have increased the costs of insurance for nurses, doctors and other healthcare professionals. In turn, they may have moved from Florida or if they were younger they may not have been discouraged from moving here. As a result, fewer doctors and nurses in states are already struggling with a significant shortage of medical professionals.
Furthermore, if the bill was not rejected, the costs of the lawsuit would already be in the process of being written into the costs of healthcare provision. This means prices will skyrocket for the elderly and working families. The last thing you need now is to see the prices of healthcare offerings rise even further.
Another big issue we need to focus on is stopping third party litigation funding. This is a big issue, and while international hedge funds, some are supported by Chinese people, now see American courts as a place to make money. They put the money in the lawsuit with the idea that the plaintiffs will be repaid after they have won or won a settlement. They have no incentives to negotiate, and as they play games in multiple lawsuits, they will put their plaintiffs unnecessarily on financial risk. In this case, no one wins. The ju judge deserves to know whether a third party is in a position to win the liability award on behalf of the plaintiff.
We can continue to make Florida a better place to do better business, making the courts more fair and fair for everyone. This should be the collective goal of the next legislative session.
Tom is the chairman of the Florida Union for Private Property Rights
