"Legalized Negligence" has two meanings. First, it refers to Florida Statute §768.21(8), which legalizes the negligence of healthcare workers. It does so by barring the recovery of noneconomic damages in medical malpractice cases (see Blog post 1). This law, in effect, strips certain citizens of their constitutionally protected rights to a trial by jury in a civil court. Enacted in 1990, this statute remains in effect today, preventing many citizens from seeking justice after a loved one dies due to medical negligence.

Second, Legalized Negligence describes a group of advocates committed to repealing this unjust law. We learned of its impact firsthand when, after losing family members to medical negligence, we discovered that no attorney would take our cases. Why? Because the statute bars recovery of noneconomic damages, making these cases financially unviable for attorneys.

Our members come from diverse backgrounds, united by a shared experience: the loss of a loved one in Florida due to medical negligence, with no legal recourse. Under this law, if the deceased was over 25, unmarried, and without minor children, no other family members can sue for noneconomic damages—such as compensation for emotional pain, loss of companionship, and similar suffering. This discriminatory law purposefully created a class of people based on age and marital status, then denied them rights granted to victims of every other type of injury claim in the state of Florida.

Explore the links on this site to learn more about the history and impact of FS §768.21(8). Thank you.