Senator Yarbrough proposes accountability bill to address medical malpractice loopholes in Florida

The Appropriations Committee on Health and Human Services convened on March 18, 2025, to discuss significant legislative changes regarding medical malpractice accountability in Florida. The primary focus of the meeting was Senate Bill 734, introduced by Senator Yarbrough, which aims to repeal existing exceptions in the state's wrongful death laws related to medical malpractice.

Senator Yarbrough opened the discussion by emphasizing the need for accountability in the healthcare system, arguing that the current exceptions are unjust and hinder the pursuit of justice for victims of negligence. He acknowledged the high quality of healthcare in Florida but insisted that no individual or institution should be above accountability. Yarbrough highlighted that the bill seeks to ensure that survivors of malpractice can seek redress without being limited by the age or marital status of the deceased.

Vice Chair Davis raised concerns about potential negative impacts of the bill, including limited access to care, increased malpractice insurance premiums, and the possibility of physicians leaving Florida. Yarbrough responded by reiterating that the bill is fundamentally about valuing life and ensuring accountability, regardless of the deceased's circumstances.

The committee also discussed the differences between this year's bill and previous iterations. Yarbrough clarified that the current proposal represents a full repeal of certain provisions without caps on damages, contrasting with last year's bill, which included damage caps. He expressed openness to exploring additional measures to mitigate liability impacts if there is sufficient support.

Senator Harrell inquired about the current state of medical malpractice costs in Florida, noting conflicting reports about whether the state has the highest rates in the nation. Yarbrough admitted he did not have specific statistics but acknowledged the ongoing debate surrounding the issue.

The discussion also touched on the eligibility of family members to seek damages under the proposed changes. Yarbrough confirmed that the bill would limit recovery to immediate family members, excluding extended family such as grandchildren or great-grandchildren. Concerns were raised about estranged family members being able to file claims, which Yarbrough acknowledged as a potential issue that may need further consideration.

As the meeting progressed, the committee moved to public testimony, where numerous individuals shared personal experiences related to medical malpractice. One speaker, Peter Finnell, recounted a harrowing experience with a healthcare provider, underscoring the urgency of the proposed legislative changes.

The meeting concluded with a commitment to continue discussions on the bill and its implications for accountability in Florida's healthcare system. The committee's next steps will involve further deliberation and consideration of public feedback as they work towards a resolution on this critical issue.