Consumer advocates, doctors: Medical malpractice eligibility expansion could limit patient access, increase costs

Trial lawyers this week have made a full-court press to push for expansion of medical malpractice eligibility in Florida. But consumer advocates worry that effort could limit patient access and hinder health care affordability.

Sens. Clay Yarborough and Danny Burgess and Reps. Dana Trabulsy and Johanna López have filed legislation (SB 734, HB 6017) that would expand cases in which patients or survivors could successfully sue for medical malpractice, including for adult children and their parents.

While patient advocates are on board — lawsuits are seen as a way to protect against negligence or attempt to make someone whole afterward — consumer advocates point to exorbitant medical malpractice claim payouts that are already driving up malpractice insurance premiums in Florida, costs that can make their way to patients seeking care.

The state has the second-highest medical malpractice premiums in the nation, according to the Office of Financial Regulation.

“There is a shortage of doctors in the state of Florida,” said Randy Ray of Senior Consumers of America. “Under no circumstances do we want that shortage to become worse.”

The skyrocketing costs appear to be leading many physicians to retire or leave the state. A survey conducted by the Department of Health in 2024 reported that 1 in 4 obstetricians in Florida are planning to discontinue providing care, and one-third of them point to liability exposure and medical malpractice litigation as their reason.

“I went to medical school in Spain and spent my entire career delivering babies. I had to stop delivering babies, and that is the hardest thing that I have ever had to do in my life,” said Dr. Mariann Ramirez, an obstetrician-gynecologist who previously practiced in Florida.

“The fear of lawsuits doesn’t make me work harder — it made us stop working at all. If this bill passes, more doctors will have to leave the state of Florida. It will cause more of a doctor shortage than we already have,” she added.

And risk managers estimate there will be hundreds of additional lawsuits in Florida each year.

“You are considering a bill that will increase the number of lawsuits. … A conservative estimate is 500 lawsuits per year,” testified Shelley Knick, a senior clinical risk consultant. “That is at least 10 extra lawsuits per week,” a significant challenge for Florida’s impending health care worker supply program.

Senate Rules Chair Kathleen Passidomo and Sen. Tom Leek were the only “no” votes Wednesday when the Senate version of the bill was heard. The House companion, meanwhile, passed unanimously.

The Senate bill cleared its first committee on Tuesday, while the House counterpart cleared its first committee on Wednesday. If it becomes law, the measure would take effect July 1.