Florida’s “Free Kill” Medical Malpractice Law

When a person loses their life in Florida due to the alleged negligence of another person or entity, state law allows their family to seek damages from the alleged wrongdoer. There is currently one exception to this rule on the books in Florida, and it exists in the realm of medical negligence – known as Florida’s “free kill” law, a quirk of the state’s medical malpractice laws that has historically caused serious pain to many families. As of this writing, there have been renewed efforts to see the law repealed, but the latest attempt has died in committee.

Discriminates Against Unmarried Adults

Section 768.21 of the Florida Statutes goes into detail about the types of damages that surviving family (or a person’s personal representative) can recover if their claim against the wrongdoer is successful, from lost wages to the lost value of support and services to funeral expenses. However, if you have lost a parent or a child over the age of 25 due to medical negligence or malpractice, you are explicitly precluded from recovering damages. Sec. 768.21(8) states that the damages otherwise specified in that section are “not recoverable by adult children,” or by parents for the loss of an adult child.

In essence, this law penalizes unmarried adults and the parents of unmarried adults by not allowing them to collect damages in the event of a traumatic loss for which others may receive compensation. Almost since the law’s inception, there have been efforts to repeal it, citing its discriminatory results and provoking heated debate between those who see its cruelty and those who are fixated on the necessity of tort reform.

Lobbying Defeats Repeal Efforts In 2024

There have been several efforts through the years to repeal this law, including a push in early 2024, but as of April the bill has died due to lobbying efforts from Republican senators who wanted to essentially trade off the repeal of the relevant law in exchange for reinstating damage caps in medical malpractice cases. The bill’s supporters wanted the law to be repealed with no quid-pro-quo, but its opponents argued that doing so will cause medical practitioners to leave the state.

What this means is that if you are currently in a position where you have lost a parent or child to medical negligence in Florida, you have no real legal recourse. There is already an effort building to mount another challenge next year – but of course, this does nothing to relieve your situation now. One can only hope that the “Free Kill” law will be repealed as soon as possible, so more families do not have to live through this intolerable situation.

Contact An Orlando Medical Malpractice Attorney

Losing a parent or child is difficult, but losing them to someone else’s negligence is worse, particularly when there is no possible legal way to make your family whole. If you still have questions or concerns, or if you have another possible medical negligence case, an Orlando medical malpractice attorney from the Hornsby Law Group may be able to help get them managed. Call us today to schedule a free consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.21.html