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