Florida Senate - 2025 SENATOR AMENDMENT
Bill No. HB 6017
Ì401348,Î401348
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
04/30/2025 10:14 AM .
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Senator Harrell moved the following:
1 Senate Amendment to Amendment (485034)
2
3 Delete lines 52 - 143
4 and insert:
5 exceed $750,000 $500,000 per claimant. No practitioner shall be
6 liable for more than $500,000 in noneconomic damages, regardless
7 of the number of practitioners who are liable for a claimant’s
8 damages claimants.
9 (b) Notwithstanding paragraph (a), if the negligence
10 resulted in a permanent vegetative state or death, the total
11 noneconomic damages recoverable from all practitioners,
12 regardless of the number of claimants, under this paragraph
13 shall not exceed $1 million. In cases that do not involve death
14 or permanent vegetative state, the patient injured by medical
15 negligence may recover noneconomic damages not to exceed $1
16 million if:
17 1. The trial court determines that a manifest injustice
18 would occur unless increased noneconomic damages are awarded,
19 based on a finding that because of the special circumstances of
20 the case, the noneconomic harm sustained by the injured patient
21 was particularly severe; and
22 2. The trier of fact determines that the defendant’s
23 negligence caused a catastrophic injury to the patient.
24 (c) The total noneconomic damages recoverable by all
25 claimants from all practitioner defendants under this subsection
26 shall not exceed $1 million in the aggregate.
27 (3) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF A
28 NONPRACTITIONER DEFENDANTS.—
29 (a) With respect to a cause of action for personal injury
30 or wrongful death arising from medical negligence of a
31 nonpractitioner nonpractitioners, regardless of the number of
32 such nonpractitioner defendants, noneconomic damages may shall
33 not exceed $1.125 million $750,000 per claimant, regardless of
34 the number of nonpractitioners who are liable for a claimant’s
35 damages.
36 (b) Notwithstanding paragraph (a), if the negligence
37 resulted in a permanent vegetative state or death, the total
38 noneconomic damages recoverable by such claimant from all
39 nonpractitioner defendants under this paragraph shall not exceed
40 $1.5 million. The patient injured by medical negligence of a
41 nonpractitioner defendant may recover noneconomic damages not to
42 exceed $1.5 million if:
43 1. The trial court determines that a manifest injustice
44 would occur unless increased noneconomic damages are awarded,
45 based on a finding that because of the special circumstances of
46 the case, the noneconomic harm sustained by the injured patient
47 was particularly severe; and
48 2. The trier of fact determines that the defendant’s
49 negligence caused a catastrophic injury to the patient.
50 (c) A nonpractitioner is defendants are subject to the cap
51 on noneconomic damages provided in this subsection regardless of
52 the theory of liability, including vicarious liability.
53 (d) The total noneconomic damages recoverable by all
54 claimants from all nonpractitioner defendants under this
55 subsection shall not exceed $1.5 million in the aggregate.
56 (4) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF A
57 PRACTITIONER PRACTITIONERS PROVIDING EMERGENCY SERVICES AND
58 CARE.—Notwithstanding subsections (2) and (3), with respect to a
59 cause of action for personal injury or wrongful death arising
60 from medical negligence of a practitioner who provided
61 practitioners providing emergency services and care, as defined
62 in s. 395.002(9), or provided providing services as provided in
63 s. 401.265, or provided providing services pursuant to
64 obligations imposed by 42 U.S.C. s. 1395dd to a person persons
65 with whom the practitioner did does not have a then-existing
66 health care patient-practitioner relationship for that medical
67 condition:
68 (a) Regardless of the number of such practitioner
69 defendants, noneconomic damages may shall not exceed $225,000
70 $150,000 per claimant, regardless of the number of practitioners
71 who are liable for a claimant’s damages.
72 (b) Notwithstanding paragraph (a), the total noneconomic
73 damages recoverable by all claimants from all such practitioners
74 shall not exceed $300,000. The limitation provided by this
75 subsection applies only to noneconomic damages awarded as a
76 result of any act or omission of providing medical care or
77 treatment, including diagnosis that occurs before prior to the
78 time the patient is stabilized and is capable of receiving
79 medical treatment as a nonemergency patient, unless surgery is
80 required as a result of the emergency within a reasonable time
81 after the patient is stabilized, in which case the limitation
82 provided by this subsection applies to any act or omission of
83 providing medical care or treatment which occurs before prior to
84 the stabilization of the patient following the surgery.
85 (5) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF A
86 NONPRACTITIONER DEFENDANTS PROVIDING EMERGENCY SERVICES AND
87 CARE.—Notwithstanding subsections (2) and (3), with respect to a
88 cause of action for personal injury or wrongful death arising
89 from medical negligence of a nonpractitioner defendants other
90 than a practitioner who provided practitioners providing
91 emergency services and care pursuant to obligations imposed by
92 s. 395.1041 or s. 401.45, or obligations imposed by 42 U.S.C. s.
93 1395dd to a person persons with whom the practitioner did does
94 not have a then-existing health care patient-practitioner
95 relationship for that medical condition:
96 (a) Regardless of the number of such nonpractitioner
97 defendants, Noneconomic damages may shall not exceed $1.125
98 million $750,000