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After DeSantis veto, medical malpractice bill reemerges for 2026 legislative session

Alexander Kharchenko
/
iStock

Like this year's effort, which passed the Legislature, the proposal would repeal a 1990 law that prevents people 25 and older from seeking “non-economic” damages in cases involving deaths of their parents.

Nearly four months after Gov. Ron DeSantis vetoed a bill aimed at clearing the way for some people to pursue medical malpractice lawsuits over the deaths of family members, the proposal has reemerged for the 2026 legislative session.

Rep. Dana Trabulsy, R-Fort Pierce, on Wednesday filed a bill (HB 6003) that could refuel a long-running debate on the issue.

ALSO READ: To avoid 'flood gates” of litigation, DeSantis vetoes medical malpractice measure

The proposal would repeal a 1990 law that prevents people ages 25 and older from seeking what are known as “non-economic” damages in medical-malpractice cases involving deaths of their parents.

Also, under the law, parents cannot seek such damages in malpractice cases involving the deaths of their children who are 25 or older.

People who allege their family members were killed by malpractice supported the bill throughout the 2025 session, arguing that doctors and other health providers are not being held accountable.

ALSO READ: 'Not about putting a price on a life': Sides collide on medical malpractice in Legislature

But health care and business groups lobbied against the bill, contending it would drive up malpractice insurance costs and lead to doctors deciding not to practice in Florida.

DeSantis on May 29 vetoed the measure, saying it could open “floodgates” for litigation.

The 2026 session will start in January.

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