Tiger Joyce, president of the American Tort Reform Association (ATRA), has expressed concerns regarding a bill that aims to remove caps on medical malpractice damages in Florida. He said that such a move would undermine the state’s tort reform progress by allowing unlimited noneconomic damages and straining the healthcare system.
“HB 6017, dealing with Recovery of Damages for Medical Negligence Resulting in Death,takes Florida in the wrong direction by removing all caps on medical malpractice suits brought against providers,” said Joyce. “This bill represents a step backward from the state’s profound accomplishment in enacting comprehensive tort reform legislation in 2023, which is already showing positive results for Floridians. Signing this legislation is likely to hurt Florida’s healthcare environment, which already faces physician and specialist shortages and high insurance premiums. This legislation is especially concerning since it expands damages available for emotional harm without reestablishing a limit on noneconomic damage awards in medical liability cases. Even New York’s governor has repeatedly vetoed legislation expanding emotional harm damages in wrongful death actions, recognizing it may lead to “higher costs, including insurance premiums, and may also risk the financial well-being of our healthcare system. We expect legislation like this in New York, not in Florida.”
In a letter addressed to Governor Ron DeSantis, Joyce emphasized that signing HB 6017—which seeks to repeal Florida’s wrongful death statutory exemption for medical malpractice—would reverse the state’s advancements in tort reform. According to Joyce, the bill could deteriorate Florida’s healthcare environment by expanding noneconomic damages without reintroducing caps, potentially leading to increased malpractice insurance costs and a reduction in medical professionals. He noted that even New York Governor Kathy Hochul had vetoed similar legislation. Joyce also stressed the importance of maintaining strong civil liability protections to ensure accessible healthcare and affordable insurance.
A report released on March 5 by ATRA analyzed legal services advertising across the United States, revealing an expenditure of over $2.5 billion on more than 26.9 million ads in 2024—surpassing the ad spend of pizza restaurants. In Florida, Fort Myers had one of the highest per capita legal ad spends, while Orlando and Tampa experienced significant volumes of legal advertisements. Miami also saw substantial investment in legal marketing. ATRA further cited an FDA study reporting 66 adverse events, including seven deaths, following patients discontinuing their blood thinner medication after viewing lawyer advertisements.
On February 5, Governor DeSantis announced notable improvements in Florida’s insurance market through a press release. Major auto insurers like GEICO, Progressive, and State Farm have filed for rate reductions of 10.5%, 8.1%, and 6%, respectively. Additionally, Citizens Property Insurance is implementing premium decreases averaging 5.6% statewide, benefiting approximately 75% of homeowners in Miami-Dade County. Over the past two years, eleven new insurance companies have entered the Florida market, contributing to increased competition and market stability.
According to InsuranceRateReporter.com, a survey conducted by the American Property Casualty Insurance Association (APCIA) and Munich Re US found that plaintiff lawyer tactics are contributing to rising insurance costs with an estimated $529 billion impact on the U.S. economy. The survey indicates that 69% of Americans believe these practices increase insurance premiums, while 86% support legal reforms to address these issues. However, a significant portion of respondents remain unaware of these tactics; with 75% unfamiliar with jury anchoring and 70% not recognizing third-party litigation funding (TPLF).
Sherman “Tiger” Joyce is a graduate of Princeton University and Catholic University Law School and served as Legislative Assistant to U.S. Senator John C. Danforth until 1984. In 1987, after being admitted to the Virginia Bar, he became minority counsel to the Senate Committee on Commerce, Science, and Transportation where he worked on product liability legislation before assuming his current position in August 1994.
