A Look At 6 States Tussling Over Tort Reform Legislation

Law360 explores ongoing tort reform efforts in six states, including Florida, where lawmakers are seeking to repeal a long-standing statute that limits families’ ability to seek justice in medical malpractice wrongful death cases. Under current law, parents cannot file a medical negligence claim if their unmarried child is 25 or older, and adult children cannot sue if their unmarried parent dies due to medical malpractice.

Co-Managing Partner Aaron Davis highlights the need to close this legislative gap, noting that Florida is one of the few states with such restrictions. He says reform would align the state with the rest of the country and offer fair legal recourse to families affected by medical negligence.

“Why is it that under Florida law in a normal wrongful death case, if you lose a parent and you’re over 25, you can recover?” Aaron asked. “Why in the world do we distinguish between that general situation and the notion that negligence that happens in a medical capacity you can’t recover? It doesn’t make any sense.”

https://www.law360.com/articles/2314912/a-look-at-6-states-tussling-over-tort-reform-legislation