North Fort Myers Republican Rep. Spencer Roach, an attorney, is taking another stab at closing a loophole in Florida law that deals with medical malpractice litigation. Roach refiled legislation (HB 77) on Thursday that would allow parents of adult children to collect medical negligence and noneconomic damages. Florida is the only state that differentiates medical malpractice from other types of wrongful deaths, preventing certain individuals from seeking pain and suffering damages for wrongful death in medical malpractice cases. Under current state law, if medical negligence leads to the death of an adult aged 26 or older who has no spouse or children, no one has the right to sue. State statute only allows medical malpractice claims by surviving spouses or minor children. Florida law, however, does allow health care providers to pursue payment from families who haven't paid hospital bills when the hospital is alleged to have caused the family member's death. In past sessions, consumer rights groups have supported the measure, while opponents have warned it could raise medical malpractice insurance rates. The medical malpractice issue has also received bipartisan support, with Republicans pushing for the legislative change in 2022 and Democrats sponsoring the effort last year. News Service Florida
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