The Florida legislature’s push to end the state’s “free kill” law hit a roadblock as Gov. Ron DeSantis (R) pledged to veto a measure eliminating a restriction on wrongful death suits.
DeSantis in mid-May said he would turn back the bill (HR 6017), passed by both chambers of the Florida legislature. The legislation targeted a law that limits the type of money damages that families can recover in a range of wrongful death suits related to medical malpractice.
Certain family members of a person who is killed in an accident have the right to sue those responsible by filing a wrongful death claim. The compensation available in these cases includes money for the loss of the deceased person’s earnings and companionship, as well as for mental anguish and suffering, medical expenses and funeral costs.
Florida law generally limits wrongful death claims to the deceased person’s spouse, children, parents and certain other blood relatives, depending on the circumstances. The potential plaintiffs are further limited wrongful death actions related to alleged medical malpractice and involving victims who are 25 or older at the time. In those cases, only a surviving spouse or minor children can pursue this kind of legal action.
In other words, no one can sue for wrongful death caused by a doctor or other medical professional’s negligence if the person killed is over 25, unmarried and does not have minor children. That includes parents whose adult child is killed by malpractice and adult children whose parents suffer the same fate.
Critics have long panned this wide legal loophole as the “free kill” law. That is because it effectively allows negligent medical care providers to get away with deadly malpractice in many situations.
DeSantis opposes the legislation to nix the loophole because of the costs involved.
"Because it would cause malpractice insurance premiums to skyrocket,” the governor recently said, according to WESH Orlando. “The folks we talked to universally said that," DeSantis said. "It's going to be harder to recruit physicians into Florida, and ultimately, health care costs will go up.”
Proponents of the measure say they will be back to push it in Tallahassee next year. To overcome a veto would require two-thirds of lawmakers in each chamber to vote in favor of the legislation.
Speak With a Villages Wrongful Death Attorney
If you have lost a loved one to a fatal accident, it is vital to seek the advice of an experienced injury attorney. Villages wrongful death attorney Tim Babiarz has been fighting for people and families across the community for more than two decades. Tim has a long track record of successful results for the people and families that he represents.
Our office is conveniently located in the Villages. We are also proud to represent clients throughout the area, including in Ocala, Leesburg, Lady Lake, Wildwood, Summerfield and beyond. Call (352) 205-7559 or contact us online to schedule a free consultation with a Villages wrongful death attorney.
