A Push to Repeal the 'Free Kill' Statute in Medical Malpractice Cases

For over three decades, Florida has maintained one of the most controversial and unjust legal loopholes in the country: the so-called "Free Kill" statute. This law prevents parents of an adult child over the age of 25—or adult children of unmarried decedents—from seeking damages in medical malpractice wrongful death claims. Unlike any other type of wrongful death case in Florida, where families can pursue accountability, this statute has shielded negligent medical providers from liability, leaving grieving families without legal recourse.

However, a bipartisan effort is underway in the Florida Legislature to change that. House Bill 6017 (Senate Bill 734) aims to eliminate this glaring exception and restore families' rights to seek justice when a loved one dies due to medical negligence.

The Injustice of the 'Free Kill' Law

The current law, enacted in 1990, was purportedly designed to reduce frivolous lawsuits and lower medical costs. However, in practice, it instead has functioned as a shield for negligent doctors, hospitals, nursing homes and other healthcare providers.

The law has been described as and is "perhaps the most significant injustice that has existed in Florida law since the '90s." If an adult dies due to a car accident, a violent crime, or any other form of negligence, their surviving parents can file a wrongful death claim. The same holds true for an adult child, outside the medical malpractice realm, if their unmarried parent was a wrongful death victim. However, if that same person dies due to medical malpractice, their family is left without any legal options. There is no logic behind the disparate treatment, and the only beneficiaries of this law are negligent medical providers and the insurance industry.

A Long Overdue Change

The push to repeal the "Free Kill" statute has gained considerable traction, with the bill passing unanimously in the Civil Justice & Claims Subcommittee and receiving a 20-to-1 vote in the Judiciary Committee.

Lawmakers are finally beginning to understand and commit to change after hearing countless heartbreaking stories from families, over the years, that have been denied justice under the current law. "No family should be told that their loved one’s life doesn’t matter under the law…"

Medical professionals are also beginning to support the repeal. One neurosurgeon at Broward Health Group believes the change will help protect patients by holding bad doctors accountable. Hopefully, the repeal will shore up the hole in the system and prevent futures acts of malpractice from remaining unaddressed and slipping through the cracks.

What This Means for Families and Patients

The repeal of the "Free Kill" law would mean that grieving parents and adult children can finally hold negligent medical providers accountable. This would create a more just and balanced system—one that does not prioritize corporate interests over human lives. Another attorney put it succinctly: "Losing a parent is no less painful for someone over 25 than it is for someone younger, and it should never be a barrier to seeking justice. The time for change is now."

The Road Ahead

Despite the overwhelming bipartisan support, opposition remains. One legislator, the sole dissenting vote in the Judiciary Committee, argued that the repeal could lead to increased healthcare costs for Floridians. However, as many legal and medical professionals have pointed out, the cost of injustice should not be overlooked.

If passed, HB 6017/SB 734 would finally remove Florida’s unjust exception, aligning the state’s medical malpractice laws with the rest of the country and giving families the right to seek accountability for their loved ones.

For those who have suffered the devastating loss of a loved one due to medical negligence, this change is long overdue. The fight for justice continues, and with growing support, Florida is poised to take a crucial step toward fairness and accountability in its legal system.