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Medical malpractice changes inch closer to final passage

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floridaphoenix.com – Christine Sexton – 2025-03-26 18:01:00

by Christine Sexton, Florida Phoenix
March 26, 2025

Bills that would increase the potential for wrongful death lawsuits to be filed against Florida doctors and hospitals inched closer to final passage Wednesday.

With very little fanfare, the House of Representatives voted overwhelmingly to approve HB 6017 , with “no” votes cast by just six members.

The Senate companion, SB 734, cleared the Senate Rules Committee with one dissenting vote cast by Sen. Gayle Harrell. Harrell’s late husband was a longtime Florida obstetrician and she has traditionally been a strong voice for organized medicine in the Florida Legislature.

The insurance industry, Florida hospitals, and organized medicine such as the Florida Medical and Florida Osteopathic associations, oppose the bill in its current form. But they are willing to support eliminating the ban if the Legislature agrees to limit damages for pain and suffering by placing caps on the amount that can be recovered. 

Otherwise, increasing civil liability will further increase medical malpractice insurance rates and drive physicians away from practicing, the opponents say.

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Florida has had no caps on pain and suffering in medical malpractice lawsuits since 2014, when the Florida Supreme Court ruled them unconstitutional. But the makeup of the Florida Supreme Court has changed since then, with the majority of the justices now having been appointed by Gov. Ron DeSantis.

And the medical and insurance industries are eager to reinstate caps and put the new justices to  the test.

If it’s something that the Senate wants to entertain, it’s a conversation that we’re always willing to have. This is part of negotiation.

– House Speaker Danny Perez

To date, neither the House nor Senate have included the industry-coveted caps in the bills.

But House Speaker Danny Perez told reporters that things could change.

“The House didn’t entertain caps. If it’s something that the Senate wants to entertain, it’s a conversation that we’re always willing to have. This is part of negotiation,” he said.

You know, we don’t know where we’re going to end up. It’s kind of like the budget. We came out with our budget … and the Senate came out with theirs, and now we just got to begin to have those conversations and see what the middle ground is, and see where we land. And I think, you know this bill is, is no different.”

When it comes to wrongful deaths stemming from medical malpractice claims, parents of single, childless, adult children cannot sue for noneconomic damages, such as pain and suffering.

Additionally, adults (defined as 25 or older) cannot pursue wrongful death claims for parents who die from medical malpractice.The Legislature adopted the ban during the 1990s as lawmakers wrestled with rising malpractice premiums.

There has been a concerted effort in recent years, though, to eliminate the ban, and members of Senate Judiciary heard from people on both sides of the issue Tuesday, the first day of the annual 60-day legislative session.

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Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: info@floridaphoenix.com.

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U.S. small manufacturers hope to benefit from tariffs, but some worry about uncertainty

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www.clickorlando.com – Mae Anderson, Associated Press – 2025-04-19 07:34:00

SUMMARY: Drew Greenblatt, president of Marlin Steel Wire Products, supports the Trump administration’s tariffs aimed at rebalancing trade in favor of U.S. manufacturers. He believes overseas competitors have unfair advantages, creating an uneven playing field for American workers. The administration seeks to revitalize U.S. manufacturing, which has declined by 35% since 1979, by imposing tariffs to encourage local production. However, some small manufacturers, like Corry Blanc and Michael Lyons, express concerns about the resulting economic uncertainty and potential recession. In contrast, Bayard Winthrop of American Giant remains hopeful that tariffs will lead to a resurgence of American-made products.

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JD Vance goes to the Vatican following remarkable papal rebuke over Trump crackdown on migrants

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www.news4jax.com – Nicole Winfield, Associated Press – 2025-04-19 00:10:00

SUMMARY: U.S. Vice President JD Vance is meeting Vatican Secretary of State Cardinal Pietro Parolin after a papal rebuke of the Trump administration’s immigration policies. Vance, a Catholic convert, has defended these policies through medieval Catholic theology concepts, which Pope Francis directly criticized. The Pope advocates for broader compassion toward migrants, contrasting Vance’s more hierarchical view of care. While in Rome for Easter, Vance attended Good Friday services at St. Peter’s Basilica with his family. He has previously criticized Francis but recently expressed prayers for the Pope’s recovery, highlighting the complex relationship between them on issues of social justice and migration.

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Federal judge extends block on Florida immigration law that led to arrest of a U.S. citizen

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floridaphoenix.com – Jackie Llanos – 2025-04-18 14:36:00

by Jackie Llanos, Florida Phoenix
April 18, 2025

A federal judge brought up the arrest in Leon County of Juan Carlos Lopez-Gomez, a U.S. citizen born in Georgia, during a hearing Friday in which she extended her block of the new Florida immigration law until April 29.

U.S. District Court Judge Kathleen Williams expressed frustration about the arrests of Lopez-Gomez and others, said an attorney representing the immigrants and groups suing the state.

At issue is Williams’ April 4 order temporarily barring enforcement of a law passed during a special session earlier this year making it a first-degree misdemeanor to illegally enter the state as an “unauthorized alien.”

A Florida Highway Patrol trooper’s arrest of Lopez-Gomez on Wednesday prompted national attention following Florida Phoenix’s reports that he was set to remain in jail because U.S. Immigration and Customs Enforcement had placed a 48-hour hold on him — even after a Leon County judge determined there had been no probable cause for the arrest.

Lopez-Gomez was released from Leon County jail on Thursday evening. The 20-year-old held his mother in a tight embrace and wept when they reunited.

“We appreciate that the federal courts have seen through this blatantly unconstitutional law, but the reality is that, without enforcement, it seems that local law enforcement and Florida Highway Patrol are continuing to ignore the judge and order,” said Miriam Fahsi Haskell, an attorney for Community Justice Project representing the plaintiffs, in a phone interview with the Phoenix. “The reality is that once a person is arrested under SB 4C and booked into jail, that person risks then having an ICE hold on them.”

Community Justice Project, the ACLU of Florida, Americans for Immigrant Justice, and Florida Legal Services attorneys are representing the plaintiffs: the Florida Immigrant Coalition, Farmworker Association of Florida Inc., and two women without permanent legal status.

David Matthew Costello, lead attorney representing Attorney General James Uthmeier, declined to comment, and a spokesperson for the attorney general’s office did not respond to the Phoenix’s questions. The other defendants are the statewide prosecutor and state attorneys.

Binding?

During the hearing at the U.S. District Court of the Southern District of Florida in Miami, attorneys representing the state argued that law enforcement is not bound by Williams’ order, Fahsi Haskell said. Another hearing is set for April 29.

“The Court enters a [temporary restraining order] prohibiting Defendants and their officers, agents, employees, attorneys, and any person who are in active concert or participation with them from enforcing SB 4-C,” Williams’ order states.

Two other men were with Lopez-Gomez when the trooper stopped the car because the driver was going 78 mph in a 65 mph zone, according to the arrest report. The driver, Estiven Sales-Perez, and another passenger, Ismael Sales-Luis, were also charged with illegal entry as “unauthorized aliens.” The driver was also charged with driving without a license.

ICE has taken custody of Sales-Perez and is holding him in a Tallahassee field office, according to the online detainee locator system.

“Florida Highway Patrol will continue to work willingly with our federal partners to engage in interior enforcement of immigration law,” a spokesperson for the agency wrote in a statement to the Phoenix.

Florida Democratic Party Chair Nikki Fried called the arrest a kidnapping.

“Where does the lawlessness of this administration stop? If this can happen to an American-born citizen, it can happen to any of us,” she said in a statement.

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Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: info@floridaphoenix.com.

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