BRANDON, Fla. (WFLA) – Keith Davis knew something was wrong when he sent his daughter a video of his swollen leg from his Brandon Regional Hospital bed.
After he died three days later, Sabrina Davis was left with several questions that she claims the hospital would not answer. She was stunned when requests to file a lawsuit to get answers were all but ignored.
“No lawyer will take my case because of this Florida statute,” Davis said, referring to the Florida Wrongful Death Act. “So I’m stuck not knowing what really happened.”
Davis could not file a lawsuit, even though the Florida Department of Health would later determine there was probable cause Dr. Rathinam Krishnamoorthy committed “medical malpractice.” Krishnamoorthy said he could not comment on the case.
The Wrongful Death Act was put on the books in the early 90s after a rash of lawsuits was blamed for spikes in medical malpractice insurance. The issue was also blamed for prompting doctors to leave the state.
The law restricts children 25 or older from suing for medical malpractice involving divorced or widowed parents. It also stops parents from filing claims in cases involving children 25 or older.
For the second year in a row, bills that would’ve changed the law did not make it out of the Senate Judiciary Committee.
Committee chairman Danny Burgess, a Republican from Zephyrhills, had declined multiple interview requests to discuss why the bills stalled, but recently agreed to offer his opinion about the controversy.