Florida Tort Reform Proposals: What Healthcare Providers Should Know

Update as of 5/7/2025:

The Florida legislative session has concluded. All bills aimed at rolling back recent tort reform measures have been indefinitely postponed and withdrawn from consideration. MagMutual will continue to monitor the next session and provide pertinent updates.

Update as of 5/2/2025:

Florida HB 6017/SB 734 passed the Senate by a vote of 33 to 4. This bill changes the current law governing wrongful death actions by removing the provision that prohibits adult children and parents of adult children from recovering noneconomic damages in medical negligence suits. 

The bill will now go to Governor Ron DeSantis. If the Governor does not veto the bill, it will take effect on July 1, 2025.

Original article posted on 4/25/2025:

Florida lawmakers are considering a series of bills that could significantly alter the state’s medical liability and insurance litigation framework. These proposals aim to reverse or revise portions of House Bill 837, the 2023 tort reform law enacted to reduce litigation volume and associated costs. 

If adopted, the new legislation could affect how damages are calculated, expand eligibility for filing claims and modify the handling of insurance disputes. These changes may affect legal exposure and insurance costs for healthcare providers. 

Here's a summary of the key bills under consideration: 

Wrongful Death Claims (HB 6017/SB 616/HB 25/SB 734) 

This legislative package would expand types of damages that may be recovered in wrongful death cases involving medical negligence. The proposals would allow adult children and parents of adult children to seek compensation for mental pain and suffering. The bills would also distinguish wrongful death actions from medical malpractice claims, thereby exempting wrongful death actions from caps and other restrictions that typically apply to malpractice lawsuits. 

Attorney Fees in Insurance Disputes (HB 1551/SB 426) 

These companion bills would reinstate a plaintiff’s ability to recover attorney fees in certain insurance-related lawsuits. If enacted, this change could incentivize more litigation by making it financially feasible for plaintiffs to challenge insurers, potentially increasing settlement pressure on defendants. 

Insurance and Trade Secret Regulation (HB 451/SB 554) 

This set of proposals would impose stricter post-judgment interest rates and require more detailed financial reporting from insurers. The bills also narrow protections for trade secrets, potentially exposing proprietary data during litigation and affecting how insurers and businesses defend claims. 

Medical Damages and Reimbursement (HB 947/SB 1520) 

These bills would enable plaintiffs to claim medical expenses based on the full billed charges rather than the actual amount paid, including projected future expenses. The bills would also remove the cap based on Medicare reimbursement rates, potentially leading to higher damage awards in personal injury and malpractice cases. 

What Comes Next 

Most of the bills have advanced through House committees and appear poised for approval in the House. HB 6017 passed the house on 3/26/2025. Their fate in the Senate remains less certain. Governor Ron DeSantis, who championed the 2023 tort reform law, has expressed reservations about rolling back its provisions 

What This Means for You 

If passed, these legislative changes could result in greater exposure to lawsuits, higher claim payouts and increased insurance costs for healthcare providers. The overall effect will depend on which proposals are ultimately passed and how they are implemented.  

MagMutual is closely monitoring the progression of these bills and is committed to keeping policyholders informed of legal developments that may impact the medical malpractice landscape. We will continue to share updates as they become available.  

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