Florida Senate - 2024                                     SB 310
       
       
        
       By Senator Martin
       
       
       
       
       
       33-00603-24                                            2024310__
    1                        A bill to be entitled                      
    2         An act relating to recovery of damages in claims for
    3         medical negligence; amending s. 768.21, F.S.; removing
    4         a provision that prohibits parents of an adult child
    5         from recovering certain damages in medical negligence
    6         suits; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (8) of section 768.21, Florida
   11  Statutes, is amended, and subsection (4) of that section is
   12  republished, to read:
   13         768.21 Damages.—All potential beneficiaries of a recovery
   14  for wrongful death, including the decedent’s estate, shall be
   15  identified in the complaint, and their relationships to the
   16  decedent shall be alleged. Damages may be awarded as follows:
   17         (4) Each parent of a deceased minor child may also recover
   18  for mental pain and suffering from the date of injury. Each
   19  parent of an adult child may also recover for mental pain and
   20  suffering if there are no other survivors.
   21         (8) The damages specified in subsection (3) shall not be
   22  recoverable by adult children and the damages specified in
   23  subsection (4) shall not be recoverable by parents of an adult
   24  child with respect to claims for medical negligence as defined
   25  by s. 766.106(1).
   26         Section 2. This act shall take effect July 1, 2024.