The Florida Justice Reform Institute (FJRI) has announced that a bipartisan bill aimed at expanding wrongful death non-economic damages in medical negligence cases is advancing towards a vote on the House floor. However, its future remains uncertain. This announcement was made through a press release.
According to the FJRI, the debate in Florida focuses on a specific provision of the Wrongful Death Act. This provision prevents adult children aged 25 or older and the parents of adult children from recovering non-economic damages when a loved one dies due to medical malpractice. Critics have labeled this framework as the state’s "free kill" law, while supporters argue it helps control lawsuit-driven medical costs. Lawmakers introduced this exception for medical malpractice decades ago, and efforts to repeal it have faced opposition from physicians, hospitals, insurers, and business groups. In May 2025, Governor Ron DeSantis vetoed a previous repeal bill, stating that expanding non-economic damages without caps would encourage predatory trial attorney tactics and increase malpractice insurance premiums for providers and patients.
Committee votes on HB 6003 reflect its broad bipartisan support: the Civil Justice and Claims Subcommittee advanced the bill with a 16–2 vote on October 15, followed by a 15–1 vote from the House Judiciary Committee on November 19. This progression places the measure on the House calendar ahead of the 2026 session start. Similar proposals in previous years passed in the House but failed in the Senate. In 2025, lawmakers approved a repeal that DeSantis vetoed despite bipartisan majorities, maintaining Florida's unique status as the only state barring these categories of survivors from seeking non-economic wrongful death damages in medical malpractice cases.
The FJRI and its allies highlight national trends advocating for tighter controls on non-economic damages. They note that "nuclear verdicts" — jury awards exceeding $10 million often driven by pain-and-suffering components — are becoming more frequent and can impact liability and malpractice insurance markets. Several states have responded with explicit caps or by rejecting expansions; for instance, Iowa's Senate File 228 set a $5 million cap on non-economic damages in certain commercial vehicle cases in 2023. Additionally, New York Governor Kathy Hochul has vetoed an expansion bill three consecutive years due to concerns about increased lawsuits and higher malpractice premiums.
The Florida Justice Reform Institute is based in Tallahassee and was founded in 2004 by the Florida Chamber of Commerce to promote tort reform and establish a fair civil justice system conducive to economic growth. The organization aims to curb wasteful litigation through research, legislative advocacy, and court filings. The FJRI emphasizes its role in advancing Governor Ron DeSantis’s tort reform package in 2023 and defending changes related to attorney fees, bad-faith standards, and medical damages.