Florida Senate - 2025                          SENATOR AMENDMENT
       Bill No. HB 6017
       
       
       
       
       
       
                                Ì270612uÎ270612                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/F/2R          .                                
             04/30/2025 04:18 PM       .                                
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       Senator Yarborough moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 12
    4  insert:
    5         Section 1. Paragraphs (a), (b), and (c) of subsection (1)
    6  of section 766.201, Florida Statutes, are amended to read
    7         766.201 Legislative findings and intent.—
    8         (1) The Legislature makes the following findings:
    9         (a) High medical malpractice liability insurance premiums
   10  result have increased dramatically in recent years, resulting in
   11  increased medical care costs for most patients and functional
   12  unavailability of malpractice insurance for some physicians.
   13         (b) The major cost drivers of primary cause of increased
   14  medical malpractice liability insurance premiums include the
   15  cost of has been the substantial increase in loss payments and
   16  the cost of defending to claimants caused by tremendous
   17  increases in the amounts of paid claims.
   18         (c) The average cost of a medical negligence claims,
   19  including claims for wrongful death, must be balanced against
   20  the public interest in ensuring access to claim has escalated in
   21  the past decade to the point where it has become imperative to
   22  control such cost in the interests of the public need for
   23  quality medical services.
   24         Section 2. Section 766.118, Florida Statutes, is amended to
   25  read:
   26         766.118 Determination of noneconomic damages.—
   27         (1) DEFINITIONS.—As used in this section, the term:
   28         (a) “Catastrophic injury” means a permanent impairment
   29  constituted by:
   30         1. Spinal cord injury involving severe paralysis of an arm,
   31  a leg, or the trunk;
   32         2. Amputation of an arm, a hand, a foot, or a leg involving
   33  the effective loss of use of that appendage;
   34         3. Severe brain or closed-head injury as evidenced by:
   35         a. Severe sensory or motor disturbances;
   36         b. Severe communication disturbances;
   37         c. Severe complex integrated disturbances of cerebral
   38  function;
   39         d. Severe episodic neurological disorders; or
   40         e. Other severe brain and closed-head injury conditions at
   41  least as severe in nature as any condition provided in sub
   42  subparagraphs a.-d.;
   43         4. Second-degree or third-degree burns of 25 percent or
   44  more of the total body surface or third-degree burns of 5
   45  percent or more to the face and hands;
   46         5. Blindness, defined as a complete and total loss of
   47  vision; or
   48         6. Loss of reproductive organs which results in an
   49  inability to procreate.
   50         (b) “Noneconomic damages” means noneconomic damages as
   51  defined in s. 766.202(8).
   52         (c) “Practitioner” means any person licensed under chapter
   53  458, chapter 459, chapter 460, chapter 461, chapter 462, chapter
   54  463, chapter 466, chapter 467, chapter 486, or s. 464.012 or
   55  registered under s. 464.0123. “Practitioner” also means any
   56  association, corporation, firm, partnership, or other business
   57  entity under which such practitioner practices or any employee
   58  of such practitioner or entity acting in the scope of his or her
   59  employment. For the purpose of determining the limitations on
   60  noneconomic damages set forth in this section, the term
   61  “practitioner” includes any person or entity for whom a
   62  practitioner is vicariously liable and any person or entity
   63  whose liability is based solely on such person or entity being
   64  vicariously liable for the actions of a practitioner.
   65         (2) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF
   66  PRACTITIONERS.—
   67         (a) With respect to a cause of action for personal injury
   68  or wrongful death arising from medical negligence of
   69  practitioners, regardless of the number of such practitioner
   70  defendants, noneconomic damages shall not exceed $500,000 per
   71  claimant. No practitioner shall be liable for more than $500,000
   72  in noneconomic damages, regardless of the number of claimants.
   73         (b) Notwithstanding paragraph (a), if the negligence
   74  resulted in a permanent vegetative state or death, the total
   75  noneconomic damages recoverable from all practitioners,
   76  regardless of the number of claimants, under this paragraph
   77  shall not exceed $1 million. In cases that do not involve death
   78  or permanent vegetative state, the patient injured by medical
   79  negligence may recover noneconomic damages not to exceed $1
   80  million if:
   81         1. The trial court determines that a manifest injustice
   82  would occur unless increased noneconomic damages are awarded,
   83  based on a finding that because of the special circumstances of
   84  the case, the noneconomic harm sustained by the injured patient
   85  was particularly severe; and
   86         2. The trier of fact determines that the defendant’s
   87  negligence caused a catastrophic injury to the patient.
   88         (c) The total noneconomic damages recoverable by all
   89  claimants from all practitioner defendants under this subsection
   90  shall not exceed $1 million in the aggregate.
   91         (3) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF
   92  NONPRACTITIONER DEFENDANTS.—
   93         (a) With respect to a cause of action for personal injury
   94  or wrongful death arising from medical negligence of
   95  nonpractitioners, regardless of the number of such
   96  nonpractitioner defendants, noneconomic damages shall not exceed
   97  $750,000 per claimant.
   98         (b) Notwithstanding paragraph (a), if the negligence
   99  resulted in a permanent vegetative state or death, the total
  100  noneconomic damages recoverable by such claimant from all
  101  nonpractitioner defendants under this paragraph shall not exceed
  102  $1.5 million. The patient injured by medical negligence of a
  103  nonpractitioner defendant may recover noneconomic damages not to
  104  exceed $1.5 million if:
  105         1. The trial court determines that a manifest injustice
  106  would occur unless increased noneconomic damages are awarded,
  107  based on a finding that because of the special circumstances of
  108  the case, the noneconomic harm sustained by the injured patient
  109  was particularly severe; and
  110         2. The trier of fact determines that the defendant’s
  111  negligence caused a catastrophic injury to the patient.
  112         (c) Nonpractitioner defendants are subject to the cap on
  113  noneconomic damages provided in this subsection regardless of
  114  the theory of liability, including vicarious liability.
  115         (d) The total noneconomic damages recoverable by all
  116  claimants from all nonpractitioner defendants under this
  117  subsection shall not exceed $1.5 million in the aggregate.
  118         (4) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF
  119  PRACTITIONERS PROVIDING EMERGENCY SERVICES AND CARE.
  120  Notwithstanding subsections (2) and (3), with respect to a cause
  121  of action for personal injury or wrongful death arising from
  122  medical negligence of practitioners providing emergency services
  123  and care, as defined in s. 395.002(9), or providing services as
  124  provided in s. 401.265, or providing services pursuant to
  125  obligations imposed by 42 U.S.C. s. 1395dd to persons with whom
  126  the practitioner does not have a then-existing health care
  127  patient-practitioner relationship for that medical condition:
  128         (a) Regardless of the number of such practitioner
  129  defendants, noneconomic damages shall not exceed $150,000 per
  130  claimant.
  131         (b) Notwithstanding paragraph (a), the total noneconomic
  132  damages recoverable by all claimants from all such practitioners
  133  shall not exceed $300,000.
  134  
  135  The limitation provided by this subsection applies only to
  136  noneconomic damages awarded as a result of any act or omission
  137  of providing medical care or treatment, including diagnosis that
  138  occurs prior to the time the patient is stabilized and is
  139  capable of receiving medical treatment as a nonemergency
  140  patient, unless surgery is required as a result of the emergency
  141  within a reasonable time after the patient is stabilized, in
  142  which case the limitation provided by this subsection applies to
  143  any act or omission of providing medical care or treatment which
  144  occurs prior to the stabilization of the patient following the
  145  surgery.
  146         (5) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF
  147  NONPRACTITIONER DEFENDANTS PROVIDING EMERGENCY SERVICES AND
  148  CARE.—Notwithstanding subsections (2) and (3), with respect to a
  149  cause of action for personal injury or wrongful death arising
  150  from medical negligence of defendants other than practitioners
  151  providing emergency services and care pursuant to obligations
  152  imposed by s. 395.1041 or s. 401.45, or obligations imposed by
  153  42 U.S.C. s. 1395dd to persons with whom the practitioner does
  154  not have a then-existing health care patient-practitioner
  155  relationship for that medical condition:
  156         (a) Regardless of the number of such nonpractitioner
  157  defendants, noneconomic damages shall not exceed $750,000 per
  158  claimant.
  159         (b) Notwithstanding paragraph (a), the total noneconomic
  160  damages recoverable by all claimants from all such
  161  nonpractitioner defendants shall not exceed $1.5 million.
  162         (c) Nonpractitioner defendants may receive a full setoff
  163  for payments made by practitioner defendants.
  164  
  165  The limitation provided by this subsection applies only to
  166  noneconomic damages awarded as a result of any act or omission
  167  of providing medical care or treatment, including diagnosis that
  168  occurs prior to the time the patient is stabilized and is
  169  capable of receiving medical treatment as a nonemergency
  170  patient, unless surgery is required as a result of the emergency
  171  within a reasonable time after the patient is stabilized, in
  172  which case the limitation provided by this subsection applies to
  173  any act or omission of providing medical care or treatment which
  174  occurs prior to the stabilization of the patient following the
  175  surgery.
  176         (6) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF A
  177  PRACTITIONER PROVIDING SERVICES AND CARE TO A MEDICAID
  178  RECIPIENT.—Notwithstanding subsections (2), (3), and (5), with
  179  respect to a cause of action for personal injury or wrongful
  180  death arising from medical negligence of a practitioner
  181  committed in the course of providing medical services and
  182  medical care to a Medicaid recipient, regardless of the number
  183  of such practitioner defendants providing the services and care,
  184  noneconomic damages may not exceed $300,000 per claimant, unless
  185  the claimant pleads and proves, by clear and convincing
  186  evidence, that the practitioner acted in a wrongful manner. A
  187  practitioner providing medical services and medical care to a
  188  Medicaid recipient is not liable for more than $200,000 in
  189  noneconomic damages, regardless of the number of claimants,
  190  unless the claimant pleads and proves, by clear and convincing
  191  evidence, that the practitioner acted in a wrongful manner. The
  192  fact that a claimant proves that a practitioner acted in a
  193  wrongful manner does not preclude the application of the
  194  limitation on noneconomic damages prescribed elsewhere in this
  195  section. For purposes of this subsection:
  196         (a) The terms “medical services,” “medical care,” and
  197  “Medicaid recipient” have the same meaning as provided in s.
  198  409.901.
  199         (b) The term “practitioner,” in addition to the meaning
  200  prescribed in subsection (1), includes any hospital or
  201  ambulatory surgical center as defined and licensed under chapter
  202  395.
  203         (c) The term “wrongful manner” means in bad faith or with
  204  malicious purpose or in a manner exhibiting wanton and willful
  205  disregard of human rights, safety, or property, and shall be
  206  construed in conformity with the standard set forth in s.
  207  768.28(9)(a).
  208         (7) LIMITATION ON NONECONOMIC DAMAGES FOR WRONGFUL DEATH
  209  ARISING FROM MEDICAL NEGLIGENCE.—In a cause of action for
  210  wrongful death arising from medical negligence, noneconomic
  211  damages may not exceed $1 million, regardless of the number of
  212  claimants or the number of practitioners or nonpractitioners who
  213  are liable for a claimant’s damages.
  214         (8) SETOFF.—In any case in which the jury verdict for
  215  noneconomic damages exceeds the limits established by this
  216  section, the trial court shall reduce the award for noneconomic
  217  damages within the same category of defendants in accordance
  218  with this section after making any reduction for comparative
  219  fault as required by s. 768.81 but before application of a
  220  setoff in accordance with ss. 46.015 and 768.041. In the event
  221  of a prior settlement or settlements involving one or more
  222  defendants subject to the limitations of the same subsection
  223  applicable to a defendant remaining at trial, the court shall
  224  make such reductions within the same category of defendants as
  225  are necessary to ensure that the total amount of noneconomic
  226  damages recovered by the claimant does not exceed the aggregate
  227  limit established by the applicable subsection. This subsection
  228  is not intended to change current law relating to the setoff of
  229  economic damages.
  230         (9)(8) ACTIONS GOVERNED BY SOVEREIGN IMMUNITY LAW.—This
  231  section shall not apply to actions governed by s. 768.28.
  232         Section 3. For the purpose of incorporating the amendment
  233  made by this act to section 766.118, Florida Statutes, in a
  234  reference thereto, paragraph (a) of subsection (3) of section
  235  766.209, Florida Statutes, is reenacted to read:
  236         766.209 Effects of failure to offer or accept voluntary
  237  binding arbitration.—
  238         (3) If the defendant refuses a claimant’s offer of
  239  voluntary binding arbitration:
  240         (a) The claim shall proceed to trial, and the claimant,
  241  upon proving medical negligence, shall be entitled to recover
  242  damages subject to the limitations in s. 766.118, prejudgment
  243  interest, and reasonable attorney’s fees up to 25 percent of the
  244  award reduced to present value.
  245  
  246  ================= T I T L E  A M E N D M E N T ================
  247  And the title is amended as follows:
  248         Delete lines 2 - 8
  249  and insert:
  250         An act relating to recovery of damages for claims of
  251         medical negligence; amending s. 766.201, F.S.;
  252         revising legislative findings; amending s. 766.118,
  253         F.S.; deleting certain prohibitions providing that the
  254         total noneconomic damages recovered if negligence by
  255         certain persons resulted in death may not exceed
  256         specified sums; limiting the amount of noneconomic
  257         damages for wrongful death arising from medical
  258         negligence regardless of the number of claimants or
  259         the number of practitioners or nonpractitioners who
  260         are liable for a claimant’s damages; reenacting s.
  261         766.209(3)(a), F.S., relating to effects of failure to
  262         offer or accept voluntary binding arbitration, to
  263         incorporate the amendment made to s. 766.118, F.S., in
  264         a reference thereto; amending s. 768.21, F.S.;
  265         deleting a provision that precludes certain persons
  266         from recovering damages for medical negligence that
  267         result in death; amending ss. 400.023, 400.0235, and
  268         429.295, F.S.; conforming provisions to changes made
  269         by the act; providing an effective date.
  270  
  271         WHEREAS, the Legislature finds that expanding the right to
  272  recover noneconomic damages for wrongful death caused by medical
  273  negligence furthers an important state interest of promoting
  274  accountability and adherence to the applicable standards of
  275  care, and
  276         WHEREAS, the Legislature further recognizes that the
  277  expansion of the right to recover damages must be balanced
  278  against the important state interests of minimizing increases in
  279  the cost of malpractice insurance and promoting the availability
  280  of quality health care services, and
  281         WHEREAS, the Legislature finds that limitations on
  282  noneconomic damages in medical negligence cases further the
  283  critical state interest in promoting the affordability and
  284  availability of health care services, and
  285         WHEREAS, the Legislature finds that the cases of Estate of
  286  McCall v. United States, 134 So. 3d 894 (Fla. 2014) and North
  287  Broward Hospital District v. Kalitan, 219 So. 3d 49 (Fla. 2017),
  288  which invalidated limits on noneconomic damages, were decided
  289  contrary to legislative intent and prior case law interpreting
  290  the equal protection clauses of the United States Constitution
  291  and the State Constitution, and
  292         WHEREAS, the cases of Estate of McCall v. United States and
  293  North Broward Hospital District v. Kalitan are inconsistent with
  294  the decisions of other courts addressing limits on damages, and
  295         WHEREAS, the Legislature finds that medical malpractice
  296  insurance premiums in this state are the highest or among the
  297  highest in the nation, and
  298         WHEREAS, the Legislature finds that having high medical
  299  malpractice insurance premiums causes physicians to practice
  300  medicine without malpractice insurance, begin medical careers in
  301  other states, pursue opportunities to practice in other states,
  302  abstain from performing high-risk procedures in this state, or
  303  retire early from the practice of medicine, and
  304         WHEREAS, the Legislature finds that having the highest or
  305  among the highest medical malpractice insurance premiums in the
  306  nation threatens the quality and availability of health care
  307  services for everyone in this state, and
  308         WHEREAS, the Legislature finds that it is obligated to
  309  minimize or prevent crises that result from high medical
  310  malpractice premiums which, according to Mizrahi v. North Miami
  311  Medical Center, Ltd., 712 So. 2d 826, 828 (Fla. 3d DCA 1998),
  312  aff’d, 761 So. 2d 1040 (Fla. 2000), “adversely impact not only
  313  physicians but also, ultimately, their patients through the
  314  resultant increased cost of medical care,” and
  315         WHEREAS, the Legislature finds that the rapidly growing
  316  population and the changing demographics of this state make it
  317  imperative for the state to have a legal environment that helps
  318  to attract and retain physicians, and
  319         WHEREAS, the Legislature finds that there is an
  320  overpowering public necessity to ensure that physicians practice
  321  medicine in this state, and
  322         WHEREAS, the Legislature finds that there is also an
  323  overpowering public necessity to enact policies that prevent
  324  medical malpractice insurance premiums from being unaffordable,
  325  and
  326         WHEREAS, the Legislature finds that expanding the right to
  327  recover noneconomic damages for wrongful death arising from
  328  medical negligence without limiting amounts recoverable would
  329  make health care more expensive and less accessible, and
  330         WHEREAS, the Legislature finds that limitations on
  331  noneconomic damages in medical negligence cases further the
  332  public necessities of making quality health care available to
  333  the residents of this state, ensuring that physicians practice
  334  medicine in this state and ensuring that those physicians have
  335  the opportunity to purchase affordable medical malpractice
  336  insurance, NOW, THEREFORE,