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Florida House may again take up medical malpractice related to death of adult children

State Rep. Spencer Roach, a Republican from Fort Myers
Florida House of Representatives
State Rep. Spencer Roach, a Republican from North Fort Myers, filed HB 77 for the 2024 legislative session, which will start in January.

The measure would eliminate a ban on parents pursuing damages for mental pain and suffering when their adult children die because of alleged medical malpractice.

The Florida House could again take up an issue about whether parents should be able to seek damages for mental pain and suffering when their adult children die because of alleged medical malpractice.

Rep. Spencer Roach, R-North Fort Myers, filed a bill (HB 77) on Thursday that would eliminate a prohibition on parents of adult children pursuing such damages in malpractice cases.

The House passed the change in 2021 and 2022, but it was not approved by the Senate.

The proposal drew opposition in the past from physician groups and insurers, which argued that it would lead to increased malpractice insurance premiums. But supporters of the change described situations in which patients died because of alleged medical malpractice without recourse.

Roach’s bill is filed for the 2024 legislative session, which will start in January.