Parents of Adult Children Can Now Seek Damages For Mental Pain in Med Mal Cases

The debate centers on an unusual part of Florida law that involves wrongful-death claims in medical malpractice cases…law.com, Medical Malpractice Fight Re-emerges, Jim Saunders, Jan 28, 2022

 

The Florida House on Thursday refueled a debate about whether parents should be able to seek damages for mental pain and suffering when their adult children die due to alleged medical malpractice.

 

The debate centers on an unusual part of Florida law that involves wrongful-death claims in medical malpractice cases.

 

That part of law bars parents from seeking pain-and-suffering damages when their adult children do not have surviving spouses or children.

 

The House Civil Justice & Property Rights Subcommittee on Thursday voted 13-5 to approve a bill that would change the law to allow parents f adult children to pursue such damages in malpractice cases.

 

The proposal drew opposition from physician groups and insurers, which argued that it would lead to increased malpractice insurance remiums.

 

However, supporters of the law say that Florida is the only state that differentiates between wrongful-death claims in malpractice cases and ther types of cases.

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