DeSantis Blocks ‘Free Kill’ Repeal: How Florida’s Medical Malpractice Law Impacts Injury Claims

Imagine losing a loved one due to medical negligence, only to discover that Florida law severely restricts your ability to seek justice. This is the reality for many families in Florida, where a controversial statute known as the “Free Kill” law has been in place for decades. This law, criticized for limiting the accountability of healthcare providers, has once again come under scrutiny after Governor Ron DeSantis vetoed a bill that would have repealed it. With over 22,000 primary care physicians expected to be short in Florida by 2030, the state is in a dire situation.

Understanding Florida’s “Free Kill” Law

Florida’s “Free Kill” law, officially part of the Florida Wrongful Death Act (Florida Statute §768.21), creates a significant hurdle for certain families seeking compensation in medical malpractice cases. Unlike other negligence cases where most surviving family members can seek damages, this law imposes strict limitations on who can pursue non-economic damages, such as pain and suffering, when a loved one dies due to medical negligence.

Specifically, the law prevents the following individuals from recovering non-economic damages:

Adult children (age 25 or older) of the deceased
Parents of an unmarried adult child (age 25 or older)

This means that if a patient over 25 years old dies due to medical negligence and has no surviving spouse or minor children, their parents cannot sue for non-economic damages. Similarly, if an unmarried individual over 25 dies due to medical malpractice, their adult children cannot seek compensation for their pain and suffering.

The Impact on Families

The “Free Kill” law has profound consequences for families affected by medical negligence. It leaves them without recourse in situations where a loved one’s death was preventable. Critics argue that this law allows medical professionals to escape liability, even in cases of egregious negligence.

For example, consider a scenario where a doctor misdiagnoses a patient’s condition, leading to a delayed treatment and ultimately, death. If the patient is an unmarried adult over 25 with no minor children, their parents would be barred from seeking damages for their emotional distress and loss.

This limitation not only denies families the opportunity to seek justice but also removes any financial consequences for medical providers, potentially reducing the incentive for improved patient safety.

Legislative Efforts to Repeal the Law

For years, lawmakers and advocacy groups have been fighting to repeal the “Free Kill” law. In the 2025 legislative session, House Bill 6017 (HB 6017) and Senate Bill 734 (SB 734) were introduced to eliminate these restrictions, expanding who can pursue non-economic damages in medical malpractice wrongful death claims.

These bills aimed to allow parents of deceased adult children and adult children of deceased, unmarried adults to file claims for pain and suffering, effectively closing the loophole that currently prevents many families from seeking justice.

The bills garnered significant bipartisan support, passing in both the House and Senate with overwhelming majorities. However, despite this widespread support, Governor Ron DeSantis vetoed the bill on May 29, 2025.

DeSantis’s Veto and its Implications

Governor DeSantis justified his veto by citing concerns about rising healthcare costs, potential increases in medical malpractice insurance premiums, and the risk of increased litigation. He argued that repealing the law without safeguards like caps on non-economic damages would make it harder to recruit and retain physicians in Florida.

“If this legislation were enacted, it would lead to higher costs for Floridians, it would lead to less access to health care for Floridians, and it would make it harder for us to keep, recruit and maintain physicians in the state of Florida,” DeSantis said.

The veto was met with disappointment and anger from families who have been advocating for the repeal of the “Free Kill” law. Cindy Jenkins, who lost her daughter due to medical negligence, expressed her frustration, stating, “I have been fighting this with everything I have since they killed my daughter, like everything I had. Every spare second has gone into this, truthfully, at the expense of everything else in my life.”

The Future of Medical Malpractice Claims in Florida

Following DeSantis’s veto, the future of medical malpractice claims in Florida remains uncertain. While lawmakers could attempt to override the veto, such efforts are historically rare in Florida.

In the meantime, the “Free Kill” law remains in effect, continuing to limit the rights of certain families to seek justice in cases of medical negligence.

Navigating the Complexities of Florida’s Medical Malpractice Laws

If you have lost a loved one due to suspected medical negligence in Florida, it is crucial to seek legal advice from an experienced attorney. Despite the limitations imposed by the “Free Kill” law, there may still be avenues for pursuing a claim.

A knowledgeable attorney can help you understand your rights, investigate the circumstances surrounding your loved one’s death, and determine the best course of action. They can also assess whether the “Free Kill” law applies to your specific situation and explore potential exceptions or alternative legal strategies.

Seeking Justice for Medical Malpractice Victims

While Florida’s “Free Kill” law presents significant challenges for families seeking justice in medical malpractice cases, it is not an insurmountable barrier. By understanding the law, seeking legal guidance, and advocating for change, you can help ensure that negligent healthcare providers are held accountable and that all victims of medical malpractice have the opportunity to receive fair compensation for their losses.

Have you been affected by Florida’s “Free Kill” law? Contact us today for a consultation to discuss your legal options.