Florida’s “Free Kill Law”: Understanding Its Impact on Families
Written by the Hughes and Barnard Law Firm, PA marketing team and reviewed by Attorney Howard Hughes to ensure quality and accuracy.
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In Florida, the “Free Kill Law” refers to controversial provisions in the state’s Wrongful Death Act that limit certain family members from seeking compensation in medical malpractice cases. These restrictions, enacted in 1990, disproportionately affect adult children and parents of adult victims, leaving many families unable to obtain justice for their loved ones. This article explores the specifics of the law, its implications, and what you can do if you believe your family has been impacted.
Key Points to Consider
- Florida’s “Free Kill Law” restricts adult children over 25 and parents of deceased adult children from seeking damages for emotional suffering in medical malpractice cases.
- The law’s intent was to reduce medical malpractice insurance costs and retain doctors in Florida, but critics argue it unfairly denies justice to grieving families.
- Other wrongful death cases, such as those involving drunk drivers, do not impose these restrictions.
- Reform efforts have faced resistance, leaving the law unchanged for over 30 years.
- Hughes and Barnard Law Firm, PA, has over 75 years of combined experience and has recovered over $150 million in settlements for victims of medical malpractice. We offer free consultations to help families explore their legal options.
How Florida’s “Free Kill Law” Works
Under Florida’s Wrongful Death Act, specific family members are permitted to seek compensation when a loved one’s death is caused by negligence. However, the law makes a sharp distinction for medical malpractice cases. In these cases:
- Adult Children Over 25 If a parent dies due to medical negligence, their children aged 25 or older cannot file wrongful death claims for noneconomic damages, such as pain and suffering. This restriction applies even if the adult child was financially or emotionally dependent on the parent.
- Parents of Deceased Adult Children Parents who lose an adult child (age 25 or older) to medical malpractice are also prohibited from seeking compensation for emotional damages. This rule disregards the emotional toll such a loss takes on families.
These restrictions do not apply to wrongful death cases involving other circumstances, such as car accidents, workplace incidents, or criminal acts.
The Origins and Intent of the Law
The “Free Kill Law” was introduced as part of broader reforms aimed at addressing a perceived medical malpractice insurance crisis. Legislators argued that limiting lawsuits would:
Lower malpractice insurance premiums for healthcare providers.
Prevent doctors from leaving Florida due to high insurance costs.
Ensure the stability of Florida’s healthcare system.
Criticism of the Law
Critics of the “Free Kill Law” highlight several flaws:
Unfair Treatment of Families
By denying certain family members the right to seek damages, the law effectively devalues their emotional suffering and denies them a path to justice.
Limited Accountability for Healthcare Providers
The law reduces the financial consequences for medical malpractice, potentially diminishing the incentive for providers to maintain high standards of care.
Lack of Evidence Supporting Its Effectiveness
Studies have not conclusively shown that the law has lowered healthcare costs or improved access to medical services in Florida.
Reform Efforts
Over the years, numerous advocacy groups and lawmakers have pushed for changes to the “Free Kill Law.” Proposed reforms often focus on expanding the eligibility of adult children and parents to file claims for noneconomic damages. Despite these efforts, significant opposition from powerful healthcare and insurance lobbies has stalled meaningful change.
Do You Believe You’re Being Negatively Affected by This Law? Here’s What You Can Do
If you have lost a loved one due to suspected medical malpractice, navigating the legal landscape can be daunting. Understanding your rights under Florida law is crucial, and seeking professional legal advice can make all the difference.
Hughes and Barnard Law Firm, PA: Here to Help
At Hughes and Barnard Law Firm, PA, we understand the devastating impact of losing a loved one to medical negligence. With over 75 years of combined experience and more than $150 million recovered in settlements for our clients, we are dedicated to helping families pursue justice. Our team of skilled medical malpractice attorneys offers free consultations to help you understand your legal options and determine the best path forward.
If you’re dealing with the death of a loved one due to perceived medical malpractice, don’t face it alone. Contact Hughes and Barnard Law Firm, PA, today to schedule your free consultation. We are here to fight for your family and ensure your voice is heard.
