The Florida House voted 104 to 6 to approve HB 6017 on March 26, 2025. HB 6017 would allow people who are 25 years old or older to seek damages in Florida medical malpractice cases for the death of their parent(s), and allow the parents of children who are 25 or older and who died as a result of medical malpractice to seek damages for their noneconomic damages as a result of the death.

Prior to 1990, Florida law prohibited a decedent’s child who was 25 years of age or older at the time of his or her
parent’s death and a parent of a deceased child who was 25 years of age or older at the time of death from
recovering noneconomic damages in any wrongful death action, regardless of whether it arose out of medical
negligence. With the enactment of ch. 90-14, Laws of Fla., s. 768.18, F.S., was amended to allow such claimants to
recover for noneconomic damages under certain circumstances.

However, while expanding the eligibility to recover noneconomic wrongful death damages, ch. 90-14, Laws of Fla.,
also created a medical negligence exception, upholding the prior prohibition in part, by providing that, in the case
of the death of a parent due to medical negligence, a surviving child who is 25 years of age or older may not seek
noneconomic wrongful death damages; and, in the case of the death of a child who was 25 years of age or older due
to medical negligence, a surviving parent may not seek noneconomic wrongful death damages.

HB 6017

HB 6017 expands the scope of damages available under Florida’s Wrongful Death Act by removing provisions
prohibiting two specified classes of individuals from recovering noneconomic wrongful death damages with
respect to claims related to medical negligence. More specifically, the bill removes the prohibition on recovery of
noneconomic wrongful death damages in medical negligence cases by the decedent’s children who are 25 years of
age or older and parents of a deceased child who was 25 years of age or older at the time of death.

More specifically, under the bill, in wrongful death actions related to medical negligence:

  • The decedent’s children who are 25 years of age or older, may recover noneconomic damages, including
    loss of parental companionship, instruction, and guidance and for mental pain and suffering from the date
    of injury if the decedent has no surviving spouse.
  • Parents of a deceased child who was 25 years of age or older at the time of death may recover for mental
    pain and suffering from the date of injury if the deceased child has no other survivors. (Section 1).

The approval of HB 6017 came only hours after the Florida Senate Rules Committee approved the Senate version of the bill, which now proceeds to the full Senate.

If you or a loved one have suffered serious harm (or worse) as a result of medical negligence in Florida or in another U.S. state, you should promptly find a Florida medical malpractice attorney, or a medical malpractice attorney in your state, who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.

Click here to visit our website or call us toll-free in the United States at 800-295-3959 to find medical malpractice lawyers in your U.S. state who may assist you.

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