Understand how Florida’s Free Kill Law impacts medical malpractice cases

Who is affected by Florida’s “Free Kill Law?”

Florida’s Free Kill Law primarily affects the family members of victims who have died as a result of medical malpractice. Specifically, the law impacts:

• Adult children over the age of 25. The law restricts adult children over the age of 25 from filing wrongful death claims in cases where their parent dies due to medical malpractice.
• Parents of deceased adults. Parents who lose an adult child to medical malpractice are also barred from recovering damages.

The law essentially narrows the scope of who is eligible to seek compensation in the wake of a medical malpractice-related death, raising concerns about fairness and access to justice for all victims of medical malpractice in Florida.

How many states have a “Free Kill Law?”

As of February 2024, Florida is the only state in the U.S. with a so-called “Free Kill Law,” which has specific restrictions on who can file wrongful death claims in cases of medical malpractice. 

While other states may have various limitations and conditions related to filing wrongful death claims and medical malpractice suits, including caps on non-economic damages and specific definitions of who qualifies as a survivor or beneficiary, Florida’s “Free Kill Law” and its specific implications are largely unique to the Sunshine State.

How wrongful death is treated differently in Florida medical malpractice cases

The problem with Florida’s “Free Kill Law” is that it isn’t applied consistently across all areas of law involving wrongful death. 

For instance, in a situation where a drunk driver in Florida hits and kills someone who does not have a spouse but has adult children over the age of 25, the victim’s children are entitled to file a wrongful death claim against the offender. 

However, in cases of wrongful death due to medical negligence, the same rights are not extended to the adult children of the deceased, creating a disparity in justice. 

This inconsistency was put to the test in 2000 when the “Free Kill Law” was reviewed by the Supreme Court. The court, however, upheld the statute, citing the state’s interest in curbing medical expenses as a justification for its decision. 

As a result, the law remained unchanged, highlighting a peculiar inconsistency within Florida’s legal system and underscoring an unfair treatment toward the adult children of those who die as a result of medical malpractice. This decision has sparked debate and criticism, as it places an arbitrary value on the lives lost due to medical errors, differing significantly from how other wrongful death claims are treated in the state.

Why does Florida have the “Free Kill Law?”

Despite all of this, the state of Florida claims the law is necessary because “junk lawsuits” have been driving up the cost of medical treatment so high that people can no longer pay for it. This is ostensibly because malpractice insurance for doctors and hospitals is very expensive.

However, despite medical malpractice statutes being on the books for over two decades, the cost of healthcare hasn’t gone down. In fact, there is no evidence that damage caps or the “Free Kill Law” has had any impact on the cost of healthcare in Florida at all.

The only effect they have had is to deprive grieving family members of the right to sue negligent doctors. While the “Free Kill Law” currently remains on the books, many feel its days are numbered.

Can the “Free Kill Law” be repealed or amended?

Yes, in fact, there have already been several attempts to amend or repeal the “Free Kill Law” in Florida. These efforts have been driven by advocacy groups, affected families and some lawmakers who aim to address the perceived injustices created by the current statute. 

In 2023, Representative Spencer Roach introduced House Bill 77, a legislative effort aimed at reforming the current statute to grant parents of adult children who have succumbed to medical malpractice the ability to seek damages for pain and suffering. 

While this initiative represents a step toward addressing the limitations imposed by the existing law, critics argue that it falls short of fully tackling the wider accountability concerns in medical malpractice incidents.

Contact an experienced Tampa medical malpractice attorney

If you or a loved one has been injured by a doctor’s or hospital’s negligence, please know that you don’t have to face this challenging journey alone. The dedicated Tampa medical malpractice attorneys at Palmer Lopez are here to provide you with the expert legal guidance and support you need. 

With a strong commitment to justice and a proven track record of securing favorable outcomes for our clients, we’re prepared to explore every legal avenue to ensure you receive the compensation and justice you deserve. 

Contact Palmer Lopez today to schedule your free consultation, and let us advocate for your rights and well-being.