| HOUSE AMENDMENT |
| Bill No. HB 1713 |
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CHAMBER ACTION |
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Representative Ambler offered the following: |
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Amendment (with title amendment) |
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Remove line(s) 1358-1380, and insert: |
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Section 38. Subsection (8) of section 768.21, Florida |
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Statutes, is amended to read: |
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768.21 Damages.--All potential beneficiaries of a recovery |
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for wrongful death, including the decedent's estate, shall be |
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identified in the complaint, and their relationships to the |
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decedent shall be alleged. Damages may be awarded as follows: |
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(8) Notwithstanding any other provision of law to the |
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contrary, for purposes of a wrongful death action arising out of |
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medical negligence, only individuals named as beneficiaries |
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under a testamentary estate may recover noneconomic damages as |
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though they were within that class of survivors identified in |
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this section. The personal representative of the estate shall be |
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entitled to assert a cause of action on behalf of the class of |
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beneficiaries for the noneconomic damages of such beneficiaries |
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which shall be in addition to any other damages that the estate |
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would otherwise be entitled to assert. However, in no event |
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shall the total of noneconomic damages for the entire class of |
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beneficiaries exceed any limitation on noneconomic damages |
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imposed under chapter 766.The damages specified in subsection |
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(3) shall not be recoverable by adult children and the damages |
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specified in subsection (4) shall not be recoverable by parents |
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of an adult child with respect to claims for medical malpractice |
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as defined by s. 766.106(1). |
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================= T I T L E A M E N D M E N T ================= |
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Remove line(s) 99-103, and insert: |
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amending s. 768.21, F.S.; permitting the recovery of damages in |
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wrongful death actions involving medical negligence by |
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beneficiaries of the decedent's estate; removing the prohibition |
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against certain parties from bringing suit for wrongful death as |
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a result of medical malpractice; providing |