There are a lot of tough conversations in this work. But one of the worst is explaining to a grieving parent or adult child that even though their loved one clearly died because of medical malpractice, they can’t bring a wrongful death claim. Not because of the facts. Not because of the evidence. Just because of their age or relationship status.

The Harsh Reality of Florida’s “Free Kill” Law

Under current Florida law, if someone dies from medical malpractice and they’re over 25, unmarried, and without minor children, their parents or adult children can’t recover for pain and suffering. This is the heart of any wrongful death claim. While they can technically pursue certain economic damages like medical bills, those amounts are rarely enough to justify the cost of bringing a lawsuit.

That’s why this brutal rule has earned the nickname the “free kill” law. The rationale behind this exception when it passed 35 years ago was to supposedly prevent doctors and hospitals from fleeing the state — a familiar excuse we’ve heard every time malpractice reform is on the table. Funny how that works, since we keep seeing more and more hospitals being built despite the warnings that doctors are fleeing the state.

Now, there’s finally hope that this bad law could change and make Florida law like most other states.

Hope on the Horizon: HB 6017 Passes the Legislature

This legislative session, both the Florida House and Senate passed a bill — HB 6017 — that would repeal this harmful exception. But the law isn’t official yet. It’s sitting on the governor’s desk, waiting for his signature. And while we hope he signs it, as of today, we don’t know what he’ll decide. What I do know is this: this change is long overdue.

The original justification for the “free kill” provision was that it would supposedly lower malpractice insurance premiums. But that never happened. The insurance industry warned of a “crisis,” got the changes they wanted, and then quietly let the rates stay the same or continue to rise.

Meanwhile, real people paid the price — people who lost a parent, a sibling, a grown child — and then were told the law had no remedy for them.

If this bill becomes law, it will bring fairness and decency back into our wrongful death statute. It would finally allow families to seek accountability when they’ve been devastated by preventable medical errors. Let’s hope this bill gets signed by the governor and becomes law.