Lawmakers in the state House of Representatives have reinvigorated efforts to repeal a 1990 law that some say restricts families from seeking economic damages in medical malpractice cases, the Highland News-Sun reported Oct. 17.
Here are five takeaways from the report:
1. A bill to repeal the law was first vetoed by Gov. Ron DeSantis in May 2025. The current law states that if a physician’s error results in the death of someone who is over 25, unmarried and without children, no one can sue for pain and suffering.
2. Some patient advocates say that millions of Floridians have been effectively blocked from seeking economic damages in these cases because the payout is so small that lawyers are unlikely to take the case.
3. On Oct. 15, lawmakers voted 16-2 to approve the bill to repeal the 1990 law. Supporters said that a repeal would provide justice to those whose family members have died due to medical negligence, while opponents argued it would drive up insurance and healthcare costs.
4. “We pay the highest malpractice rates in the country,” Andrew Borom, MD, an orthopedic surgeon in Tallahassee, told the publication. “If your goal is to just throw another golden bone to the trial lawyers, you can feel free to do that. But if you want physicians who are well-trained and well-experienced to stay here in Florida, and take care of you and your patients, you need to reconsider this.”
5. A state Senate version of the bill has not been filed.
At the Becker’s 32nd Annual Meeting: The Business and Operations of ASCs, taking place October 29-31 in Chicago, ASC leaders, surgeons and healthcare executives will explore strategies to drive growth, enhance operational performance, navigate reimbursement challenges and prepare for the future of ambulatory surgery. Apply for complimentary registration now.