Lawmakers in the House and Senate of the state of Florida have agreed to end what many refer to as Florida's "free kill" law. Enacted in 1990, this unique provision bars adult children age 26 and older and parents of adult children from suing for pain and suffering if their family member dies due to medical malpractice and is not married or does not have any minor children.
The approved legislation (HB 6017 and its Senate analog SB 734) will repeal this 35-year-old law, which was originally intended to keep medical malpractice insurance premiums from skyrocketing and keep physicians from fleeing the state.
Lawmakers heard from both sides of the argument.
Those in opposition to the approved legislation argued it would lead to an influx of wrongful death lawsuits and even higher insurance and health care costs. That opposition was countered by testimonies from dozens of Floridians who lost loved ones but had no recourse to hold those responsible accountable, because of the 35-year-old law. An amendment to the law that would have capped medical malpractice awards at $1 million per incident, as a compromise between delivering justice to families and reducing the financial impact on physicians and hospitals, was narrowly rejected by the Senate one day before the final Senate vote on May 1, 2025, to repeal the law. Unless vetoed by Governor Ron DeSantis, the approved legislation will take effect July 1, 2025.
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