In the past, we’ve blogged about the legal issues caused by Florida’s so-called “Free Kill Law.”  This was the example that we posed: “Imagine that your only child, an unmarried, childless daughter aged 26, has died due to medical malpractice. Or turn that around and imagine that you, a widow or widower, have died due to medical malpractice, leaving behind only your 26-year-old daughter. Did you know that due to a current Florida law, neither one of you would have legal recourse against the doctor who caused harm? How can that be?”

Currently Florida’s wrongful death statute specifies that only spouses and minor children (defined as 25 years old or younger) of a decedent may pursue damages for pain and suffering in medical malpractice cases.

During Florida’s 2024 legislative season, five bills to close this loophole moved through the legislature and none of them passed. This year, however, it appears that Florida is moving ever closer to repealing this egregious law. The measure, HB 6017, targets a gap in Florida’s so-called Free Kill statute, which has long prevented certain family members from seeking compensation for medical negligence. The bill passed its final Senate vote on May 1, 2025, with a 33-4 majority, following a 104-6 approval in the House on March 26, 2025. It now heads to Gov. Ron DeSantis for signing.

The law, enacted in 1990, was meant to keep doctors from leaving the state due to the anticipated increases in malpractice insurance rates, but legislators have finally realized how this law negatively impacts the general public. Florida is the only state that has this type of law. The statute was put to the test in 2000 when the “Free Kill Law” was reviewed by the Florida Supreme Court. The Court upheld the statute, citing the state’s interest in curbing medical expenses as a justification for its decision. But critics of the law – of which there are many – claim that it has had no impact on the costs of healthcare in the state of Florida.

We’ll keep an eye on legislative developments and keep you posted.

What to Do If You or a Loved One Has Suffered Injury From Medical Malpractice?

If you think you have a medical malpractice case and are not disqualified from pursuing a lawsuit due to any of the limitations discussed above, you may have a legal remedy if you can prove the following elements:

• You were owed a duty of care.
• The duty of care was breached.
• The breach was the cause of your injuries.
• Your injuries are compensable.

Doctors and medical professionals owe their patients a duty of care. The breach of this duty is shown by proving that the doctor or medical professional failed to meet the standard of care that would be met by other professionals in the same situation. If this breach – generally known as medical negligence or medical malpractice – caused compensable injuries, you may be able to obtain compensation. 

Contact Haliczer Pettis & Schwamm

If you believe that you or a loved one has suffered an injury from a medical professional in Florida, it’s imperative to contact an experienced Fort Lauderdale medical malpractice attorney or Orlando medical malpractice lawyer at Haliczer Pettis & Schwamm promptly. You must act quickly because there is a two-year statute of limitations for filing a medical malpractice lawsuit in Florida, and the information-gathering pre-suit process is time-consuming and part of that timeframe.

The attorneys at Haliczer Pettis & Schwamm have years of experience representing victims of medical malpractice. Whether you or your loved ones have suffered harm from a misdiagnosis or delayed diagnosis or medication errors, or you or your baby were the victim of obstetric negligence, we can guide you with knowledge and empathy. Contact us today for a free consultation.