Florida Senate - 2019                                     SB 514
       
       
        
       By Senator Rader
       
       
       
       
       
       29-00590-19                                            2019514__
    1                        A bill to be entitled                      
    2         An act relating to medical negligence; amending ss.
    3         400.023, 400.0235, and 429.295, F.S.; conforming
    4         provisions to changes made by the act; amending s.
    5         768.21, F.S.; authorizing an adult child who was under
    6         the care of a legal parental guardian at the time of a
    7         parent’s death to file a medical negligence claim
    8         under certain circumstances; authorizing the legal
    9         parental guardian of an adult child to file a claim
   10         for medical negligence under certain circumstances;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (9) of section 400.023, Florida
   16  Statutes, is amended to read:
   17         400.023 Civil enforcement.—
   18         (9) An action under this part for a violation of rights or
   19  negligence recognized herein is not a claim for medical
   20  malpractice, and the provisions of s. 768.21(8) and (9) do does
   21  not apply to a claim alleging death of the resident.
   22         Section 2. Section 400.0235, Florida Statutes, is amended
   23  to read:
   24         400.0235 Certain provisions not applicable to actions under
   25  this part.—An action under this part for a violation of rights
   26  or negligence recognized under this part is not a claim for
   27  medical malpractice, and the provisions of s. 768.21(8) and (9)
   28  do not apply to a claim alleging death of the resident.
   29         Section 3. Section 429.295, Florida Statutes, is amended to
   30  read:
   31         429.295 Certain provisions not applicable to actions under
   32  this part.—An action under this part for a violation of rights
   33  or negligence recognized herein is not a claim for medical
   34  malpractice, and the provisions of s. 768.21(8) and (9) do not
   35  apply to a claim alleging death of the resident.
   36         Section 4. Subsection (8) of section 768.21, Florida
   37  Statutes, is amended and subsection (9) is added to that
   38  section, to read:
   39         768.21 Damages.—All potential beneficiaries of a recovery
   40  for wrongful death, including the decedent’s estate, shall be
   41  identified in the complaint, and their relationships to the
   42  decedent shall be alleged. Damages may be awarded as follows:
   43         (8) The damages specified in subsection (3) are shall not
   44  be recoverable by adult children with respect to a claim for
   45  medical negligence, as defined in s. 766.106(1), unless the
   46  decedent had previously been appointed a guardian, as defined in
   47  s. 744.102, of the adult child. and
   48         (9) The damages specified in subsection (4) are shall not
   49  be recoverable by parents of an adult child with respect to
   50  claims for medical negligence, as defined in by s. 766.106(1),
   51  unless the parent had previously been appointed a guardian, as
   52  defined in s. 744.102, of the adult child.
   53         Section 5. This act shall take effect July 1, 2019.