The House vote gave some hope that this was the year that Florida would recognize the inequities in the Wrongful Death Act that discriminate against victims of medical malpractice. But the special interests appear to have won out yet again – at the expense of Florida families. Florida’s legislature passed the bill that immunized hospitals, doctors and their professional liability insurance carriers. There is no good reason to treat a death from medical malpractice differently than a death caused by any other tort. No reason except the money of special interests.
Here is the link:
Over twenty years ago, I was fighting the change in Florida’s wrongful death act that deprived children of their “survivor” rights under the act. Scores of trial lawyers, like myself, prepared offensive and defensive pleadings on behalf of affected families. Many of these efforts were successful for our clients. But after the Florida Supreme Court declared the act constitutional in a decision called Mizrahi, the fight became more difficult. Only legislative changes can repair the ongoing injury to Florida’s families. If Florida had the legislature it deserved, thirty years wouldn’t pass before the situation got resolved.
