House Bill hb4009

    Florida House of Representatives - 2001                HB 4009

        By Representative Brutus






  1                      A bill to be entitled

  2         An act relating to wrongful death; amending s.

  3         768.21, F.S.; deleting a provision precluding

  4         recovery for pain and suffering for wrongful

  5         death with respect to medical malpractice by

  6         certain persons; providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Section 768.21, Florida Statutes, is

11  amended to read:

12         768.21  Damages.--All potential beneficiaries of a

13  recovery for wrongful death, including the decedent's estate,

14  shall be identified in the complaint, and their relationships

15  to the decedent shall be alleged. Damages may be awarded as

16  follows:

17         (1)  Each survivor may recover the value of lost

18  support and services from the date of the decedent's injury to

19  her or his death, with interest, and future loss of support

20  and services from the date of death and reduced to present

21  value. In evaluating loss of support and services, the

22  survivor's relationship to the decedent, the amount of the

23  decedent's probable net income available for distribution to

24  the particular survivor, and the replacement value of the

25  decedent's services to the survivor may be considered. In

26  computing the duration of future losses, the joint life

27  expectancies of the survivor and the decedent and the period

28  of minority, in the case of healthy minor children, may be

29  considered.

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    Florida House of Representatives - 2001                HB 4009

    755-110-01






  1         (2)  The surviving spouse may also recover for loss of

  2  the decedent's companionship and protection and for mental

  3  pain and suffering from the date of injury.

  4         (3)  Minor children of the decedent, and all children

  5  of the decedent if there is no surviving spouse, may also

  6  recover for lost parental companionship, instruction, and

  7  guidance and for mental pain and suffering from the date of

  8  injury.

  9         (4)  Each parent of a deceased minor child may also

10  recover for mental pain and suffering from the date of injury.

11  Each parent of an adult child may also recover for mental pain

12  and suffering if there are no other survivors.

13         (5)  Medical or funeral expenses due to the decedent's

14  injury or death may be recovered by a survivor who has paid

15  them.

16         (6)  The decedent's personal representative may recover

17  for the decedent's estate the following:

18         (a)  Loss of earnings of the deceased from the date of

19  injury to the date of death, less lost support of survivors

20  excluding contributions in kind, with interest. Loss of the

21  prospective net accumulations of an estate, which might

22  reasonably have been expected but for the wrongful death,

23  reduced to present money value, may also be recovered:

24         1.  If the decedent's survivors include a surviving

25  spouse or lineal descendants; or

26         2.  If the decedent is not a minor child as defined in

27  s. 768.18(2), there are no lost support and services

28  recoverable under subsection (1), and there is a surviving

29  parent.

30         (b)  Medical or funeral expenses due to the decedent's

31  injury or death that have become a charge against her or his

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    Florida House of Representatives - 2001                HB 4009

    755-110-01






  1  estate or that were paid by or on behalf of decedent,

  2  excluding amounts recoverable under subsection (5).

  3         (c)  Evidence of remarriage of the decedent's spouse is

  4  admissible.

  5         (7)  All awards for the decedent's estate are subject

  6  to the claims of creditors who have complied with the

  7  requirements of probate law concerning claims.

  8         (8)  The damages specified in subsection (3) shall not

  9  be recoverable by adult children and the damages specified in

10  subsection (4) shall not be recoverable by parents of an adult

11  child with respect to claims for medical malpractice as

12  defined by s. 766.106(1).

13         Section 2.  This act shall take effect July 1, 2001.

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16                          HOUSE SUMMARY

17
      Deletes a provision of law precluding recovery for pain
18    and suffering for wrongful death caused by medical
      malpractice with respect to certain persons. See bill for
19    details.

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CODING: Words stricken are deletions; words underlined are additions.