“Free Kill” Medical Malpractice Law in Florida Continues to Live

In the 2023-2024 Florida legislative session, angry families thought they had a chance to finally end what has become known as Florida’s “Free Kill” law.  Unfortunately,  certain state legislators demanded that if the Free Kill law was to end, they wanted to cap the amount of money a jury could award for pain and suffering in any wrongful death medical malpractice case.  Florida’s Supreme Court already determined such caps were unconstitutional years ago.  Unwilling to accept this tradeoff, the families who came to Tallahassee went home disappointed.

Understanding the Free Kill Law 

In Florida, seeking justice for medical malpractice can be a complex journey, particularly under the state’s specific laws outlined in the Wrongful Death Act. These laws significantly impact the ability of grieving families to pursue civil claims against medical providers, often limiting their avenues for seeking justice.

Specifically, Florida Statutes section 768.21(8) states that civil claims for medical malpractice generally require the deceased person to have left behind a surviving spouse or minor children under the age of 25.  As a result, the families of unmarried old and very young Floridians bear the brunt of this law’s impact since they cannot file a lawsuit, no matter how bad the malpractice that killed their loved ones.

The families continue the battle with hope that the law will eventually change.  One reason for hope is that the public is learning more about this law and hearing from individual family members who are willing to share their stories of anguish caused by their inability to bring closure through justice for the loss of their loved ones.