Florida Senate - 2022 SB 262 By Senator Rodriguez 39-00319-22 2022262__ 1 A bill to be entitled 2 An act relating to damages recoverable by parents of 3 an adult child in medical negligence actions; amending 4 s. 768.21, F.S.; deleting a provision prohibiting 5 parents of an adult child from recovering damages for 6 mental pain and suffering in a medical negligence 7 suit; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Subsection (8) of section 768.21, Florida 12 Statutes, is amended, and subsection (4) of that section is 13 republished, to read: 14 768.21 Damages.—All potential beneficiaries of a recovery 15 for wrongful death, including the decedent’s estate, shall be 16 identified in the complaint, and their relationships to the 17 decedent shall be alleged. Damages may be awarded as follows: 18 (4) Each parent of a deceased minor child may also recover 19 for mental pain and suffering from the date of injury. Each 20 parent of an adult child may also recover for mental pain and 21 suffering if there are no other survivors. 22 (8) The damages specified in subsection (3) shall not be 23 recoverable by adult children
and the damages specified in24 subsection (4) shall not be recoverable by parents of an adult25 childwith respect to claims for medical negligence as defined 26 by s. 766.106(1). 27 Section 2. This act shall take effect July 1, 2022.