Florida Lawmakers Overturn ‘Free Kill’ Statute: Expanding Rights in Medical Negligence Cases
For decades, a controversial law in Florida has severely limited the rights of families seeking justice in medical negligence cases. Known as the “free kill” law, this statute has prevented many adult children and parents from recovering damages for the wrongful death of their loved ones due to medical malpractice. However, recent action by Florida lawmakers is set to change this, potentially opening the door for more families to pursue legal action and hold negligent medical providers accountable.
Understanding Florida’s “Free Kill” Law
Enacted in 1990, the “free kill” law, specifically Florida Statute 768.21(8), created an exception within the state’s Wrongful Death Act. This exception barred certain individuals from seeking non-economic damages, such as pain and suffering, in medical malpractice cases. Specifically, the law stated that adult children over the age of 25 could not sue for the medical malpractice wrongful death of their parents, and parents could not sue for the wrongful death of their children over 25, if the adult child was unmarried and had no minor children.
Critics have long argued that this law unfairly protected negligent medical providers, leaving grieving families without recourse. Sabrina Davis’s story exemplifies the law’s harsh consequences. After her unmarried father died due to a doctor’s negligence, the Florida Department of Health found the doctor committed medical malpractice. However, because of the “free kill” law, Sabrina had no legal avenue to seek justice for her father’s death. Florida stood as the only state in the U.S. with such a law differentiating medical malpractice from other wrongful death claims.
Legislative Action: Repealing the “Free Kill” Law
In a significant move, the Florida legislature has voted to repeal the “free kill” law. On May 1, 2025, the Florida Senate passed House Bill 6017 (HB 6017) by a vote of 33-4, following the House’s approval in late March. The bill is now headed to Governor Ron DeSantis’s desk for his signature. If signed into law, HB 6017 will eliminate the exception in Florida Statute 768.21(8), allowing adult children and parents of adult children to recover non-economic damages in medical malpractice wrongful death cases.
Jacksonville Republican Senator Clay Yarborough, the bill’s upper-chamber sponsor, called the 35-year-old law “unjust” and stated that it “shouldn’t be on the books.” Supporters of the repeal argue that it will provide justice for families who have been unfairly denied the right to sue for the wrongful death of their loved ones due to medical negligence.
Potential Impact and Concerns
The repeal of the “free kill” law could have several significant impacts:
- Expanded Rights for Families: Adult children and parents of adult children will now have the right to seek compensation for their pain and suffering in medical malpractice wrongful death cases.
- Increased Accountability for Medical Providers: Medical professionals and healthcare facilities may face greater scrutiny and accountability for negligent actions.
- Potential Increase in Lawsuits: Some anticipate a rise in medical malpractice lawsuits as more families gain the legal standing to sue.
However, some concerns have been raised regarding the potential consequences of repealing the law. Senator Gayle Harrell, a health care information technology executive, argued against the repeal without damage caps, warning that it could have a “devastating impact” on Florida’s already high medical malpractice insurance premiums. She suggested that this could discourage doctors from practicing in the state, exacerbating existing shortages in primary and specialty care.
During the Senate vote, an amendment to cap awards at $1 million per incident was rejected. Senator Jason Pizzo, a former Democrat, countered Harrell’s concerns, arguing that the repeal would likely have little impact on medical malpractice premiums and would not lead to a surge of new lawsuits.
Wrongful Death Claims in Florida: An Overview
In Florida, a wrongful death claim arises when a person’s death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another party. The Florida Wrongful Death Act (Florida Statutes, section 768.19) provides the legal framework for these claims.
Key aspects of wrongful death claims in Florida:
- Who Can Bring a Claim: The personal representative of the deceased person’s estate is responsible for initiating the lawsuit on behalf of the beneficiaries. Eligible beneficiaries typically include the spouse, children, parents, and, in some cases, other dependent relatives.
- Damages Recoverable: Damages may include lost wages, lost benefits and services, loss of companionship, mental pain and suffering, medical expenses, and funeral expenses. Florida Statute section 768.21 outlines which relatives are eligible to receive specific categories of damages.
- Statute of Limitations: In most cases, a wrongful death lawsuit must be filed within two years of the date of death, as outlined in Florida Statutes section 95.11(4)(d). However, medical malpractice wrongful death suits have a two-year statute of limitations from the date of the incident or discovery of the incident, but no more than four years from the date of the incident.
Seeking Justice for Medical Negligence
The potential overturning of Florida’s “free kill” law represents a significant step towards expanding the rights of families affected by medical negligence. While concerns about potential cost increases remain, supporters argue that the repeal is essential for ensuring accountability and providing justice for grieving families.
If you believe that you have a potential medical malpractice wrongful death claim, it is crucial to consult with an experienced personal injury attorney. A qualified attorney can assess your case, explain your legal options, and help you navigate the complex legal process.