Florida Governor Ron DeSantis announced Thursday his veto of HB 6017, a bill that would have allowed more individuals to seek non-economic damages in medical malpractice lawsuits involving the deaths of family members.
The announcement was made at Gulf Coast Medical Center Hospital, where Florida Surgeon General Dr. Joseph Ladapo joined the Governor.
The vetoed legislation aimed to repeal a 1990 law that restricts adult children (25 years or older) from seeking non-economic damages, such as pain and suffering, in medical malpractice cases involving the death of a parent. Similarly, the current law prevents parents from seeking such damages for the death of an adult child aged 25 or older.
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The bill had passed the Florida Senate with strong bipartisan support, including a 33-4 vote in late March.
Supporters, like Senate bill sponsor Clay Yarborough (R-Jacksonville), argued for the repeal, stating, “This is a 35-year-old law that needs to be repealed. It’s unjust. It shouldn’t be on the books,” emphasizing that the existing law prevents families from obtaining justice.
However, Governor DeSantis expressed concerns that repealing the law would lead to a surge in non-economic damage claims, drive up medical malpractice insurance premiums, and ultimately pass those costs onto consumers. He also warned it could exacerbate physician shortages in the state. “We are going to create even more of a problem in the state of Florida,” echoed Sen. Gayle Harrell (R-Stuart), who opposed the bill.
During the press conference, Dr. Ladapo commented that poor bedside manner often contributes to doctors being sued. Both the Governor and the Surgeon General emphasized that doctors, rather than insurance companies, should be held accountable.
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DeSantis outlined alternative approaches, suggesting a focus on holding physicians directly accountable and potentially implementing caps on damage awards and attorney fees.
“We want accountability,” DeSantis stated, “but we don’t believe there should be lawsuits all the time.”
The Governor’s veto was praised by the Florida chapter of Citizens Against Lawsuit Abuse (CALA), which views the decision as a crucial step in preserving the state’s recent tort reforms. According to CALA, if HB 6017 had become law, it would have risked doctor shortages, longer wait times for appointments, and delays in critical care.
“Once again, the residents of Florida have been safeguarded by the Governor’s strong commitment to civil justice,” CALA Executive Director Tom Gaitens said. “HB 6017 would have reversed key protections and expanded non-economic damages while opening the door to limitless intangible loss verdicts in areas like pain and suffering. On behalf of our advocates across the state, FL CALA thanks Governor DeSantis for his commitment to end abusive lawsuits.”
The organization pointed to significant tort reforms enacted in 2023, achieved through two special sessions and the regular legislative session, which they claim have already contributed to a more hospitable insurance market by reining in what they termed the decades-long influence of “billboard attorneys.” CALA sees today’s veto as an affirmation of Governor DeSantis’s commitment to these hard-won reforms.
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