House bill caps recoverable medical damages

House Bill 583, filed by Rep. Jay Fant on Monday in the Florida House, would cap recoverable medical and health care damages at the money spent on services.

The bill holds that the actual amount remitted to the provider is what can be recouped in a damage claim.

In cases where commercial or governmental insurance paid for the service, the amount billed to the insurance provider plus the deductible or copay can be recovered.

This would apply also to subrogation claims, avoiding the concept of what one source calls a “double recovery.”

The principle: while the injured party can be made whole, that party should not be in a position to “profit from his loss.”