Bill Text: FL S0262 | 2022 | Regular Session | Introduced

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Bill Title: Damages Recoverable by Parents of an Adult Child in Medical Negligence Actions

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Failed) 2022-03-14 - Died in Judiciary [S0262 Detail]

Download: Florida-2022-S0262-Introduced.html

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       Florida Senate - 2022                                     SB 262
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-00319-22                                            2022262__
    1                        A bill to be entitled                      
    2         An act relating to damages recoverable by parents of
    3         an adult child in medical negligence actions; amending
    4         s. 768.21, F.S.; deleting a provision prohibiting
    5         parents of an adult child from recovering damages for
    6         mental pain and suffering in a medical negligence
    7         suit; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (8) of section 768.21, Florida
   12  Statutes, is amended, and subsection (4) of that section is
   13  republished, to read:
   14         768.21 Damages.—All potential beneficiaries of a recovery
   15  for wrongful death, including the decedent’s estate, shall be
   16  identified in the complaint, and their relationships to the
   17  decedent shall be alleged. Damages may be awarded as follows:
   18         (4) Each parent of a deceased minor child may also recover
   19  for mental pain and suffering from the date of injury. Each
   20  parent of an adult child may also recover for mental pain and
   21  suffering if there are no other survivors.
   22         (8) The damages specified in subsection (3) shall not be
   23  recoverable by adult children and the damages specified in
   24  subsection (4) shall not be recoverable by parents of an adult
   25  child with respect to claims for medical negligence as defined
   26  by s. 766.106(1).
   27         Section 2. This act shall take effect July 1, 2022.