Florida’s ‘Free Kill’ Law Could Be Set to Change: What to Know

Florida is poised to overturn legislation that critics have dubbed the “free kill law”—which prevents certain families from suing over the wrongful deaths of loved ones due to medical malpractice.

Currently, adults older than 25 are banned from suing on behalf of their parents if they die due to medical negligence, while parents cannot file wrongful death lawsuits for their children if they are aged 25 or over.

Critics have argued the arbitrary age-limit policy equates to a “free kill law” for doctors treating certain patients, no matter how egregious the treatment that led to their death. But proponents say the law helps keep medical malpractice premiums down.

Governor Ron DeSantis is set to make the final decision on whether to repeal the law, after state Representatives and Senators both supported a bill seeking to overturn it.

Newsweek has emailed DeSantis’ office, seeking comment.

Why It Matters

The law in its current form limits who is eligible to sue for medical malpractice by restricting claims to the person directly affected, spouses, or any children aged under 25.

Opponents say the law erodes medical accountability and unfairly affects unmarried adults without young children and seniors who are single or widowed and whose children are past their mid-twenties.

But supporters argue the law is necessary to bring down the cost of malpractice premiums, and a previous review by the Supreme Court back in 2000 upheld the 1990 statue, noting the state needed to curb medical expenses.

What To Know

Florida is the only state in the U.S. with a so-called “free kill law,” according to Florida law firm Palmer Lopez, which features an article about the statute on their website.

The firm described the law as one of the Sunshine State’s “most controversial medical malpractice statutes,” adding that: “If you do not have a surviving spouse or any children younger than 25, the grim reality is that you’re the sole individual with the legal standing to initiate a wrongful death claim against the doctor. Tragically, by the time your case could potentially reach court, you would no longer be alive to see it through […] While the situation may sound absurd, it, in fact, describes the reality of many medical malpractice victims in Florida.”

However, that could be set to change.

This month, Florida lawmakers voted in favor of repealing the law with a bill known as HB 6017, which enjoyed bipartisan support and cleared a House vote 104-6 on March 26 and then a final Senate vote 33-4 on May 1.

HB 6017 will now head to Florida Governor Ron DeSantis, who will either approve or veto the bill.

What People Are Saying

Jacksonville Republican Senator Clay Yarborough said: “This is a 35-year-old law that needs to be repealed. It’s unjust. It shouldn’t be on the books.”

Stuart Republican Senator Gayle Harrell, whose professional background is in healthcare technology, said she could only vote for the bill if there was a $1million cap on payouts, arguing that unlimited damages could have a “devastating impact” on the state’s medical malpractice insurance premiums.

What Happens Next

The bid to repeal the statute limiting medical malpractice claims will wind its way to Florida Governor Ron DeSantis, who will decide whether to sign it into law.