Florida Repeals ‘Free Kill’ Law: What It Means for Medical Malpractice Lawsuits
For over three decades, a controversial law in Florida, often referred to as the “Free Kill” law, has significantly restricted the rights of certain family members in medical malpractice wrongful death cases. This law, codified in Florida Statute 768.21(8), has barred adult children over the age of 25 and parents of deceased adults from seeking damages for pain and suffering in cases where medical negligence led to the death of their loved ones. However, recent legislative action signals a major shift, potentially opening the door for more families to pursue justice in medical malpractice lawsuits.
The “Free Kill” Law: A Barrier to Justice
Enacted in 1990, the “Free Kill” law was initially intended to curb rising medical malpractice insurance costs and attract more doctors to Florida. The rationale was that limiting the scope of who could sue for non-economic damages would reduce the number of lawsuits, thereby lowering insurance premiums. However, this objective was never achieved. Medical malpractice insurance rates remain high, and there’s no concrete evidence that the law improved healthcare access in the state.
Instead, the law created a situation where medical professionals could escape liability for negligence in specific circumstances. Under the “Free Kill” law, only the deceased’s spouse and children under 25 could pursue damages for pain and suffering in medical malpractice cases. This meant that if an unmarried adult over 25 with no minor children died due to medical negligence, their parents or adult children could not recover damages for their emotional distress, loss of companionship, or mental anguish.
The Impact on Families
The “Free Kill” law has had devastating consequences for many Florida families. It has left them without legal recourse and prevented them from holding negligent doctors and hospitals accountable for their actions. Consider a scenario where a doctor misdiagnoses a patient’s condition, leading to a delayed treatment and ultimately, death. If the patient is an adult with no spouse or minor children, their parents or adult children would be barred from suing for non-economic damages, regardless of the severity of the negligence.
This legal loophole has not only denied justice to grieving families but has also removed any incentive for healthcare providers to improve patient safety. Without the threat of financial consequences, some argue that there’s less motivation for hospitals and doctors to prevent medical errors and ensure quality care.
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 approved House Bill 6017 (HB 6017), which had already passed the House. The bill now awaits Governor Ron DeSantis’s signature to become law.
HB 6017 seeks to eliminate the provision in Florida Statute 768.21 that restricts the ability of adult children and parents of deceased adults from recovering non-economic damages in medical malpractice wrongful death cases. If signed into law, this repeal would allow a broader range of family members to seek compensation for their losses, aligning medical malpractice laws with other areas of negligence law in Florida.
Arguments For and Against the Repeal
The repeal of the “Free Kill” law has been met with both support and opposition.
Supporters of the repeal argue that the law is unjust and discriminatory, as it places an arbitrary value on human life based on marital status and the presence of minor children. They contend that all families should have the right to seek justice and hold negligent medical providers accountable, regardless of their loved one’s personal circumstances. State Senator Clay Yarborough, a sponsor of the bill, called the law “unjust” and said it “shouldn’t be on the books.”
Opponents, primarily from the business and insurance communities, express concerns that repealing the law will lead to a surge in medical malpractice lawsuits, driving up insurance premiums and potentially causing doctors to leave the state. Senator Gayle Harrell argued that repealing the law without capping damages would create “a major problem for the state of Florida” by keeping malpractice insurance rates high and discouraging doctors from moving to the state. An amendment to cap damages at $1 million was rejected by the Senate.
What the Repeal Means for Medical Malpractice Lawsuits
If Governor DeSantis signs HB 6017 into law, it will have a significant impact on medical malpractice lawsuits in Florida:
- Expanded Standing: Adult children over 25 and parents of deceased adults will be able to sue for non-economic damages, such as pain and suffering, mental anguish, and loss of companionship, in medical malpractice wrongful death cases.
- Increased Accountability: Medical providers may face greater accountability for their negligence, as more families will have the legal right to pursue claims.
- Potential Increase in Lawsuits: The repeal could lead to an increase in the number of medical malpractice lawsuits filed in Florida, as more families become eligible to seek compensation.
- Impact on Insurance Premiums: The potential impact on medical malpractice insurance premiums is a subject of debate. Opponents of the repeal fear that premiums will rise, while supporters argue that the impact will be minimal.
Statute of Limitations in Florida Medical Malpractice Cases
It’s important to understand the statute of limitations for filing a medical malpractice lawsuit in Florida. Generally, the statute of limitations is two years from the date the injured party discovers (or should have discovered) the malpractice. However, there are exceptions:
- In cases where the injury was not immediately discoverable, the statute of limitations may be extended to four years from the date of the incident.
- If the medical provider concealed the malpractice through fraud or intentional misrepresentation, the deadline is extended to two years from the time the injury was discovered, but no more than seven years from the date of the malpractice.
- For minors, the statute of repose (the maximum time limit for filing a lawsuit) does not apply before the child’s eighth birthday.
Additionally, Florida law requires a “presuit investigation” before a medical malpractice lawsuit can be filed. The claimant must serve a notice of intent to sue on the defendant, which triggers a 90-day period for investigation and evaluation of the claim. The statute of limitations is “tolled” (paused) during this 90-day period.
The Importance of Seeking Legal Advice
If you believe that you or a loved one has been a victim of medical malpractice in Florida, it’s crucial to seek legal advice from an experienced medical malpractice attorney as soon as possible. An attorney can evaluate your case, explain your legal rights, and help you navigate the complex legal process.
Conclusion
The repeal of Florida’s “Free Kill” law represents a significant step toward justice for families affected by medical negligence. By expanding the scope of who can sue for damages in wrongful death cases, the legislature has the opportunity to create a more equitable system that holds medical providers accountable and protects the rights of patients and their families. While the potential impact on insurance premiums remains a concern, the overwhelming sentiment is that every life has value, and all families deserve the right to seek justice when medical negligence causes the death of a loved one.