HB 6017 – Recovery of Damages for Medical Negligence Resulting in Death
On Thursday, March 20, HB 6017 by Representative Dana Trabulsy (R-Fort Pierce) was heard by the House Judiciary Committee and was reported favorably. Representative Tom Fabricio (R-Miami Lakes) voted against the bill. AIF stood in opposition to this legislation.
HB 6017 repeals sections of the existing wrongful death law pertaining to adult children and parents of adult children recovery of damages stemming from claims of medical negligence. The bill would allow for claims to be filed for non-economic damages, more commonly known as “pain and suffering,” to be filed for larger sums. Previously, the legislature passed laws that provided guardrails against these practices in the effort to reduce premiums and frivolous lawsuits.
HB 6017 will now go to the House Floor for consideration.
AIF opposes any bill that expands litigation to noneconomic damages for medical malpractice, which will destabilize insurance markets and raise costs of malpractice premiums throughout the state.
HB 947 – Evidence of Damages to Prove Medical Expenses in Personal Injury or Wrongful Death Actions
On Thursday, March 20, HB 947 by Representative Omar Blanco (R-Miami) was heard by the House Civil Justice & Claims Subcommittee and was reported favorably. AIF engaged an expert in medical damages to speak in opposition to the bill.
HB 947 repeals portions of the 2023 legislation that makes claimant damages and past medicals transparent and fully available to a jury in civil trials relating to personal injury and wrongful death claims. Prior to the 2023 reforms, a common practice by plaintiff’s attorneys were to inflate the total cost of damages by using a “letter of protection” that often-multiplied damages upwards of 300 percent. These disputes produced a flurry of frivolous litigation and massive nuclear verdicts based on evidence that was dramatically inflated against the consistent market-price of medical procedures. HB 947 would remove the ability for a jury to see the real cost of damages compared to other examples of similar medical expenses.
HB 947 will now go to the House Judiciary Committee for consideration.
AIF opposes legislation that repeals transparency in damages in civil actions. Such reforms would open the floodgates for frivolous litigation and nuclear verdicts.
HB 1551 – Attorney Fee Awards in Insurance Actions
On Thursday, March 20, HB 1551 by Representative Hillary Cassel (R-Dania Beach) was heard by the House Insurance & Banking Subcommittee and was reported favorably with Representative Mike Caruso (R-Delray Beach) as the lone no-vote. AIF spoke in opposition to this legislation.
HB 1551 reinstates awards of attorney fees in many insurance actions, including property and auto. As the bill is written, trial attorneys will have no risk in bringing claims against insurers because they will either get all their fees for winning even the smallest portion of the insurer’s offer or voluntarily dismiss the case before an adverse judgment to avoid paying the insurer’s fees. In the worst case, unscrupulous trial attorneys could make unreasonable offers, lose, and leave their clients to pay the insurer’s fees. Thus, this legislation unwinds a critical piece of the monumental 2022 & 2023 tort reform efforts.
HB 1551 will now go to the House Judiciary Committee for consideration.
AIF opposes any regulation that aims to reverse previous legislative fixes addressing frivolous insurance litigation, which drives up costs. Florida should look for ways to entice insurers to form or expand in this state, not turn companies away with inconsistent law changes that would negatively affect them.
HB 1437 – Attorney Fees and Costs for Motor Vehicle Personal Injury Protection Benefits
On Thursday, March 20, HB 1437 by Representative John Snyder (R-Stuart) was heard by the House Civil Justice & Claims Subcommittee and was reported favorably. AIF stood in opposition to this legislation.
HB 1437 reinstates provisions that allow one-way attorney’s fees for personal injury protection (PIP) claims. This would allow all plaintiffs who bring civil action against a medical providers and insurers to obtain attorney fees and costs in addition to a settlement or verdict reached on the case. Florida is a “no-fault” state, therefore PIP coverage is mandatory for all motorists.
HB 1437 will now go to the House Insurance & Banking Subcommittee for consideration.
AIF opposes legislation that tips the judicial scales in favor of plaintiff’s attorneys who would be able to file an obsessive number of lawsuits at no risk of paying fees to the opposing party.
