1 | A bill to be entitled |
2 | An act relating to damages for wrongful death; repealing |
3 | s. 768.21(8), F.S., relating to prevention of recovery of |
4 | damages for wrongful death by adult children of a decedent |
5 | or by parents of an adult child with respect to claims for |
6 | medical negligence; amending ss. 400.023, 400.0235, and |
7 | 429.295, F.S.; conforming provisions to changes made by |
8 | the act; providing an effective date. |
9 |
|
10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
|
12 | Section 1. Subsection (8) of section 768.21, Florida |
13 | Statutes, is repealed. |
14 | Section 2. Subsection (7) of section 400.023, Florida |
15 | Statutes, is amended to read: |
16 | 400.023 Civil enforcement.- |
17 | (7) An action under this part for a violation of rights or |
18 | negligence recognized herein is not a claim for medical |
19 | malpractice, and the provisions of s. 768.21(8) do not apply to |
20 | a claim alleging death of the resident. |
21 | Section 3. Section 400.0235, Florida Statutes, is amended |
22 | to read: |
23 | 400.0235 Certain provisions not applicable to Actions |
24 | under this part not medical malpractice claims.-An action under |
25 | this part for a violation of rights or negligence recognized |
26 | under this part is not a claim for medical malpractice, and the |
27 | provisions of s. 768.21(8) do not apply to a claim alleging |
28 | death of the resident. |
29 | Section 4. Section 429.295, Florida Statutes, is amended |
30 | to read: |
31 | 429.295 Certain provisions not applicable to Actions under |
32 | this part not medical malpractice claims.-An action under this |
33 | part for a violation of rights or negligence recognized herein |
34 | is not a claim for medical malpractice, and the provisions of s. |
35 | 768.21(8) do not apply to a claim alleging death of the |
36 | resident. |
37 | Section 5. This act shall take effect July 1, 2010. |