Gov. Ron DeSantis stood by his promise to veto legislation that would have expanded the ability of family members to pursue non-economic damages in malpractice cases, the Florida Phoenix reported May 29.
Under current law, parents cannot pursue non-economic damages in malpractice cases involving the deaths of their children if those children are 25 or older. Adult children 25 or older are also prohibited from seeking non-economic damages in cases involving their parents.
Mr. DeSantis said in a news conference that while he understood the tragedy involved with losing a loved one in a malpractice case, the bill risked raising costs while reducing healthcare access in the state.
“I think the question, though, is what would this legislation do for costs of healthcare in Florida, access to care in Florida, and our ability to recruit and keep physicians,” DeSantis said.
The bill itself had strong enough bipartisan support that the Legislature could likely override the governor’s veto, if necessary. However, Mr. DeSantis said that the legislature could win his support of the bill by including limits on non-economic damages in all medical malpractice lawsuits, plus caps on plaintiff attorney fees. The Florida Senate previously rejected limits on non-economic damages by a “razor thin, one-vote margin,” according to the Phoenix.
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