HB 1271 Summary

• Adult children can recover damages in medical negligence claims only if the deceased parent was previously appointed as their legal guardian, as defined in s. 744.102.

• Personal representatives may file medical negligence suits on behalf of adult children or parents of adult children meeting the guardian requirement.

• Parents of adult children can recover damages in medical negligence claims only if they were previously appointed as the adult child's legal guardian.

• Actions under s. 400.023, 400.0235, and 429.295 for violations of rights or negligence in residential care facilities are not subject to medical malpractice damage limitations when alleging resident death.

• The act takes effect July 1, 2021.