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FL S0248
Bill
AI Summary
- Reinstates and revises caps on noneconomic damages in medical negligence cases: $500,000 per claimant for practitioner negligence, $750,000 for nonpractitioner negligence, and $150,000 for emergency services, while eliminating the previous higher caps for catastrophic injuries, permanent vegetative states, and death
- Removes the definition of "catastrophic injury" from the statute, which previously allowed elevated damage caps of $1 million to $1.5 million for severe conditions such as spinal cord injuries, amputations, severe brain injuries, and major burns
- Deletes the prohibition in s. 768.21(8) that barred adult children from recovering lost parental companionship damages and parents of adult children from recovering mental pain and suffering damages in medical negligence wrongful death cases
- Requires medical malpractice insurers to reflect projected changes in claim frequency, severity, and loss adjustment expenses in rate filings made with the Office of Insurance Regulation on or after January 1, 2025, and authorizes the office to develop actuarial methodology for reviewing those filings
- Directs the Office of Program Policy Analysis and Government Accountability to study the efficacy of the noneconomic damage caps and submit a report with findings and recommendations to the Governor and Legislature by December 31, 2029
Legislative Description
Medical Negligence
Last Action
Died in Fiscal Policy
3/8/2024
Committee Referrals
Fiscal Policy1/24/2024
Full Bill Text
No bill text available