Florida Senate - 2025 SENATOR AMENDMENT
Bill No. SB 734
Ì9610481Î961048
LEGISLATIVE ACTION
Senate . House
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Senator Harrell moved the following:
1 Senate Amendment (with title amendment)
2
3 Before line 17
4 insert:
5 Section 1. Section 766.118, Florida Statutes, is amended to
6 read:
7 766.118 Determination of noneconomic damages.—
8 (1) DEFINITIONS.—As used in this section, the term:
9 (a) “Catastrophic injury” means a permanent impairment
10 constituted by:
11 1. Spinal cord injury involving severe paralysis of an arm,
12 a leg, or the trunk;
13 2. Amputation of an arm, a hand, a foot, or a leg involving
14 the effective loss of use of that appendage;
15 3. Severe brain or closed-head injury as evidenced by:
16 a. Severe sensory or motor disturbances;
17 b. Severe communication disturbances;
18 c. Severe complex integrated disturbances of cerebral
19 function;
20 d. Severe episodic neurological disorders; or
21 e. Other severe brain and closed-head injury conditions at
22 least as severe in nature as any condition provided in sub
23 subparagraphs a.-d.;
24 4. Second-degree or third-degree burns of 25 percent or
25 more of the total body surface or third-degree burns of 5
26 percent or more to the face and hands;
27 5. Blindness, defined as a complete and total loss of
28 vision; or
29 6. Loss of reproductive organs which results in an
30 inability to procreate.
31 (b) “Noneconomic damages” means noneconomic damages as
32 defined in s. 766.202(8).
33 (b)(c) “Practitioner” means any person licensed under
34 chapter 458, chapter 459, chapter 460, chapter 461, chapter 462,
35 chapter 463, chapter 466, chapter 467, chapter 486, or s.
36 464.012 or registered under s. 464.0123. “Practitioner” also
37 means any association, corporation, firm, partnership, or other
38 business entity under which such practitioner practices or any
39 employee of such practitioner or entity acting in the scope of
40 his or her employment. For the purpose of determining the
41 limitations on noneconomic damages set forth in this section,
42 the term “practitioner” includes any person or entity for whom a
43 practitioner is vicariously liable and any person or entity
44 whose liability is based solely on such person or entity being
45 vicariously liable for the actions of a practitioner.
46 (2) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF A
47 PRACTITIONER PRACTITIONERS.—
48 (a) With respect to a cause of action for personal injury
49 or wrongful death arising from medical negligence of a
50 practitioner practitioners, regardless of the number of such
51 practitioner defendants, noneconomic damages may shall not
52 exceed $500,000 per claimant. No practitioner shall be liable
53 for more than $500,000 in noneconomic damages, regardless of the
54 number of practitioners who are liable for a claimant’s damages
55 claimants.
56 (b) Notwithstanding paragraph (a), if the negligence
57 resulted in a permanent vegetative state or death, the total
58 noneconomic damages recoverable from all practitioners,
59 regardless of the number of claimants, under this paragraph
60 shall not exceed $1 million. In cases that do not involve death
61 or permanent vegetative state, the patient injured by medical
62 negligence may recover noneconomic damages not to exceed $1
63 million if:
64 1. The trial court determines that a manifest injustice
65 would occur unless increased noneconomic damages are awarded,
66 based on a finding that because of the special circumstances of
67 the case, the noneconomic harm sustained by the injured patient
68 was particularly severe; and
69 2. The trier of fact determines that the defendant’s
70 negligence caused a catastrophic injury to the patient.
71 (c) The total noneconomic damages recoverable by all
72 claimants from all practitioner defendants under this subsection
73 shall not exceed $1 million in the aggregate.
74 (3) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF A
75 NONPRACTITIONER DEFENDANTS.—
76 (a) With respect to a cause of action for personal injury
77 or wrongful death arising from medical negligence of a
78 nonpractitioner nonpractitioners, regardless of the number of
79 such nonpractitioner defendants, noneconomic damages may shall
80 not exceed $750,000 per claimant, regardless of the number of
81 nonpractitioners who are liable for a claimant’s damages.
82 (b) Notwithstanding paragraph (a), if the negligence
83 resulted in a permanent vegetative state or death, the total
84 noneconomic damages recoverable by such claimant from all
85 nonpractitioner defendants under this paragraph shall not exceed
86 $1.5 million. The patient injured by medical negligence of a
87 nonpractitioner defendant may recover noneconomic damages not to
88 exceed $1.5 million if:
89 1. The trial court determines that a manifest injustice
90 would occur unless increased noneconomic damages are awarded,
91 based on a finding that because of the special circumstances of
92 the case, the noneconomic harm sustained by the injured patient
93 was particularly severe; and
94 2. The trier of fact determines that the defendant’s
95 negligence caused a catastrophic injury to the patient.
96 (c) A nonpractitioner is defendants are subject to the cap
97 on noneconomic damages provided in this subsection regardless of
98 the theory of liability, including vicarious liability.
99 (d) The total noneconomic damages recoverable by all
100 claimants from all nonpractitioner defendants under this
101 subsection shall not exceed $1.5 million in the aggregate.
102 (4) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF A
103 PRACTITIONER PRACTITIONERS PROVIDING EMERGENCY SERVICES AND
104 CARE.—Notwithstanding subsections (2) and (3), with respect to a
105 cause of action for personal injury or wrongful death arising
106 from medical negligence of a practitioner who provided
107 practitioners providing emergency services and care, as defined
108 in s. 395.002(9), or provided providing services as provided in
109 s. 401.265, or provided providing services pursuant to
110 obligations imposed by 42 U.S.C. s. 1395dd to a person persons
111 with whom the practitioner did does not have a then-existing
112 health care patient-practitioner relationship for that medical
113 condition:
114 (a) Regardless of the number of such practitioner
115 defendants, noneconomic damages may shall not exceed $150,000
116 per claimant, regardless of the number of practitioners who are
117 liable for a claimant’s damages.
118 (b) Notwithstanding paragraph (a), the total noneconomic
119 damages recoverable by all claimants from all such practitioners
120 shall not exceed $300,000. The limitation provided by this
121 subsection applies only to noneconomic damages awarded as a
122 result of any act or omission of providing medical care or
123 treatment, including diagnosis that occurs before prior to the
124 time the patient is stabilized and is capable of receiving
125 medical treatment as a nonemergency patient, unless surgery is
126 required as a result of the emergency within a reasonable time
127 after the patient is stabilized, in which case the limitation
128 provided by this subsection applies to any act or omission of
129 providing medical care or treatment which occurs before prior to
130 the stabilization of the patient following the surgery.
131 (5) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF A
132 NONPRACTITIONER DEFENDANTS PROVIDING EMERGENCY SERVICES AND
133 CARE.—Notwithstanding subsections (2) and (3), with respect to a
134 cause of action for personal injury or wrongful death arising
135 from medical negligence of a nonpractitioner defendants other
136 than a practitioner who provided practitioners providing
137 emergency services and care pursuant to obligations imposed by
138 s. 395.1041 or s. 401.45, or obligations imposed by 42 U.S.C. s.
139 1395dd to a person persons with whom the practitioner did does
140 not have a then-existing health care patient-practitioner
141 relationship for that medical condition:
142 (a) Regardless of the number of such nonpractitioner
143 defendants, Noneconomic damages may shall not exceed $750,000
144 per claimant, regardless of the number of nonpractitioners who
145 are liable for a claimant’s damages.
146 (b) Notwithstanding paragraph (a), the total noneconomic
147 damages recoverable by all claimants from all such
148 nonpractitioner defendants shall not exceed $1.5 million.
149 (c) A nonpractitioner defendants may receive a full setoff
150 for payments made by a practitioner defendants.
151
152 The limitation provided by this subsection applies only to
153 noneconomic damages awarded as a result of any act or omission
154 of providing medical care or treatment, including a diagnosis
155 that occurs before prior to the time the patient is stabilized
156 and is capable of receiving medical treatment as a nonemergency
157 patient, unless surgery is required as a result of the emergency
158 within a reasonable time after the patient is stabilized, in
159 which case the limitation provided by this subsection applies to
160 any act or omission of providing medical care or treatment which
161 occurs before prior to the stabilization of the patient
162 following the surgery.
163 (6) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF A
164 PRACTITIONER PROVIDING SERVICES AND CARE TO A MEDICAID
165 RECIPIENT.—Notwithstanding subsections (2), (3), and (5), with
166 respect to a cause of action for personal injury or wrongful
167 death arising from medical negligence of a practitioner
168 committed in the course of providing medical services and
169 medical care to a Medicaid recipient, regardless of the number
170 of such practitioner defendants providing the services and care,
171 noneconomic damages may not exceed $300,000 per claimant,
172 regardless of the number of practitioners who are liable for a
173 claimant’s damages, unless the claimant pleads and proves, by
174 clear and convincing evidence, that the practitioner acted in a
175 wrongful manner. A practitioner providing medical services and
176 medical care to a Medicaid recipient is not liable for more than
177 $200,000 in noneconomic damages, regardless of the number of
178 claimants, unless the claimant pleads and proves, by clear and
179 convincing evidence, that the practitioner acted in a wrongful
180 manner. The fact that a claimant proves that a practitioner
181 acted in a wrongful manner does not preclude the application of
182 the limitation on noneconomic damages prescribed elsewhere in
183 this section. For purposes of this subsection:
184 (a) The terms “medical services,” “medical care,” and
185 “Medicaid recipient” have the same meaning as provided in s.
186 409.901.
187 (b) The term “practitioner,” in addition to the meaning
188 prescribed in subsection (1), includes any hospital or
189 ambulatory surgical center as defined and licensed under chapter
190 395.
191 (c) The term “wrongful manner” means in bad faith or with
192 malicious purpose or in a manner exhibiting wanton and willful
193 disregard of human rights, safety, or property, and shall be
194 construed in conformity with the standard set forth in s.
195 768.28(9)(a).
196 (7) SETOFF.—In any case in which the jury verdict for
197 noneconomic damages exceeds the limits established by this
198 section, the trial court shall reduce the award for noneconomic
199 damages within the same category of defendants in accordance
200 with this section after making any reduction for comparative
201 fault as required by s. 768.81 but before application of a
202 setoff in accordance with ss. 46.015 and 768.041. In the event
203 of a prior settlement or settlements involving one or more
204 defendants subject to the limitations of the same subsection
205 applicable to a defendant remaining at trial, the court shall
206 make such reductions within the same category of defendants as
207 are necessary to ensure that the total amount of noneconomic
208 damages recovered by the claimant do does not exceed the
209 aggregate limit established by the applicable subsection. This
210 subsection is not intended to change current law relating to the
211 setoff of economic damages.
212 (8) ACTIONS GOVERNED BY SOVEREIGN IMMUNITY LAW.—This
213 section does shall not apply to actions governed by s. 768.28.
214
215 ================= T I T L E A M E N D M E N T ================
216 And the title is amended as follows:
217 Delete lines 2 - 3
218 and insert:
219 An act relating to claims for medical negligence;
220 amending s. 766.118, F.S.; deleting the definition of
221 the term “catastrophic injury”; revising the limits on
222 noneconomic damages for personal injury or wrongful
223 death arising from medical negligence; making
224 technical changes; amending s. 768.21, F.S.; deleting
225 a