Committee reports bill to repeal wrongful-death exception that bars some survivors from non-economic damages

The Appropriations Committee on Health and Human Services reported favorably on Senate Bill 734, which would repeal statutory exceptions that currently prevent certain parents and adult children from recovering non-economic damages in wrongful-death cases arising from medical negligence.

Sponsor Senator Yarbrough said the exceptions — contained in Florida Statute 768.218 as described in committee — singled out a narrow class of survivors and ran counter to the Wrongful Death Act’s stated legislative intent in Florida Statute 768.17. He framed the bill as an accountability measure that would allow affected survivors to seek non-economic damages when medical negligence caused a wrongful death.

The hearing drew sustained public testimony. More than two dozen speakers — many identifying as family members of people who died after care they called negligent — urged repeal without caps. Witnesses included Peter Finnell, Beth Young, Sabrina Davis, Marcy Shepler and others who described case details and urged removing what opponents called a discriminatory exception. Several medical and insurance witnesses opposed or urged caution, citing rising malpractice claim sizes and effects on premiums and access: hospital risk managers, insurers and industry groups testified that Florida already faces high malpractice costs, that severe verdicts have grown in recent years, and that higher litigation could reduce provider availability.

Key back-and-forth in committee: senators asked about the scope of beneficiaries (the repeal would allow parents or adult children who presently are limited under subsection 8 to pursue non-economic damages), whether estranged relatives could file claims, and existing administrative avenues such as Board of Medicine sanctions. The sponsor said the repeal is a “clean repeal” (no caps included) and that he is open to mitigation measures, including administrative processes and caps, if stakeholders can agree.

Recorded vote: the clerk called the roll and reported SB 734 as reported favorably. The transcript recorded several “Yes” votes and one recorded “No” from Senator Harrell. The sponsor closed asking for favorable support and said he remains open to adjustments to secure broader agreement.

Why it matters: supporters said the statute creates a two-tier system that denies equal protection to certain survivors and prevents discovery in civil cases; opponents warned of insurance market disruption, higher premiums and reduced access to care if litigation exposure increases without reciprocal protections for providers.

Implementation notes: the hearing record discussed Florida Statute 768.218 and the Wrongful Death Act (Florida Statute 768.17). No implementation appropriation was recorded; sponsor indicated openness to alternative mitigation approaches but presented a clean repeal in committee.