Author: Janki Patel

Florida Lawmakers Hope to Close Medical Malpractice Loophole with House Bill 6003

Earlier this month, Florida lawmakers introduced House Bill 6003 to close the “deadly legal loophole” for the current medical malpractice law. Under current Florida medical malpractice law, people who are 25 years old or older cannot collect “non-economic” damages for the wrongful death of a family member who is also 25 years or older. House Bill 6003 would “restore the rights  of certain adults and adult children to recover non-economic damages in wrongful death cases tied to medical negligence.” The Republican lawmaker who introduced House Bill 6003, Dana Trabulsy, asked, “How is it just for a family to be able to recover non-economic damages when their loved one died from a car accident, but not for a death related to medical malpractice?”      

     

As of 2024, Florida is currently ranked number two for having the most medical malpractice suits and payouts in the country. Despite this high number, there has been an uproar among families who have lost a loved one and were prevented from seeking justice for their family member’s wrongful death. Florida Governor Ron DeSantis, vetoed a previous version of House Bill 6003 in May 2025. DeSantis sided with opponents concerned that physicians would be reluctant to move to Florida, and practicing physicians would move away from Florida due to the fear of being sued for medical negligence. One orthopedic surgeon from Tallahassee was quoted saying, “if you actually want physicians who are well trained, well-experienced, to stay here in Florida and take care of you and your patients, you need to reconsider this.” However, doctors should not fear if they are “well-trained and well-experienced,” because the probability of committing medical negligence would be low.

Misdiagnosis, delay of diagnosis, and surgical errors are among the biggest causes of medical negligence. As of now, in Florida, patients who are 25 years and older may not be receiving the best possible care due to the lack of accountability placed on physicians if their actions result in medical negligence. If House Bill 6003 is passed and repeals the current Florida law, then the effect of House Bill 6003 would indirectly impose stricter health compliance and standards upon physicians to provide the best care and exercise the utmost caution to avoid committing medical negligence. Those physicians who may take shortcuts or minimize patients’ voices and concerns are more likely to be affected by House Bill 6003 because their actions are the ones that are more likely to result in medical negligence to the extent that it results in a wrongful death. So, would the implications of House Bill 6003 really be that detrimental to the healthcare field in Florida? 

As of October 15, 2025, House Bill 6003 is currently being reviewed by the judiciary committee in the House. House Bill 6003 bill has the potential to decrease medical negligence cases overall by holding physicians more accountable and elevating patients’ voices to ensure the best care and utmost caution are being provided and exercised. Florida’s lawmakers are commendably taking a step towards reshaping justice and restoring health rights for many of its residents.