The Florida Legislature has taken a significant step toward justice for families affected by medical malpractice by repealing the controversial "free kill" law. This legislative change opens new paths for compensation for many Florida families previously barred from seeking justice for loved ones lost to medical negligence.
On May 2, 2025, Florida lawmakers voted to repeal a 35-year-old law that has long prevented adult children over 25 and parents from suing for pain and suffering when a family member dies due to medical malpractice, provided the deceased was unmarried and had no minor children. House Bill 6017 passed with overwhelming support, securing a 33-4 vote in the Senate and previous approval by an overwhelming majority in the House, according to Florida Politics. The bill now awaits Governor Ron DeSantis' signature to become law.
The term "free kill" emerged as a grim reference to this legal provision that effectively shielded healthcare providers from certain wrongful death claims. Under the soon-to-be-repealed law, if a single adult without minor children died due to medical negligence, their parents and adult children had no legal standing to seek non-economic damages, essentially leaving these deaths without full legal consequence.
Jacksonville Republican Senator Clay Yarborough, who sponsored the bill in the Senate, stated plainly: "This is a 35-year-old law that needs to be repealed. It's unjust. It shouldn't be on the books." This sentiment was echoed by many legislators across party lines who recognized the inherent unfairness of denying certain family members their day in court solely based on the victim's age and family status.
Florida's approach to wrongful death claims has evolved significantly over time. At common law, there was initially no remedy for wrongful death at all, as established in English law in 1808. This changed when England passed the Fatal Accidents Act of 1846 (known as Lord Campbell's Act), which became the model for many American wrongful death statutes, as documented in scholarship from the University of Florida.
In 1990, Florida expanded its Wrongful Death Act to include more classifications of survivors entitled to non-economic damages in general wrongful death cases. However, this expansion specifically excluded adult children 26 and older and parents of adult children from being able to sue for pain and suffering if their family member died due to medical malpractice while unmarried and without minor children. The justification given at the time was that allowing such claims would cause medical malpractice insurance premiums to skyrocket and drive doctors out of the state.
The repeal of the "free kill" law did not come without opposition. Some lawmakers and healthcare industry representatives argued that changing the law would lead to higher insurance premiums and potentially exacerbate Florida's shortage of healthcare providers.
Stuart Republican Senator Gayle Harrell advocated for a $1 million cap on awards, which was ultimately rejected. She expressed concern that the bill without caps would have a "devastating impact" on Florida's already high medical malpractice insurance premiums and affect healthcare availability.
However, supporters of the repeal pointed to evidence challenging these concerns. Despite the limitations placed on wrongful death claims in 1990, Florida's insurance rates did not decline as promised. Furthermore, a 2003 General Accounting Office report found that claims about physician departures from Florida due to malpractice pressures were "anecdotal, not extensive" and sometimes "inaccurate," as reported by Florida Trend. In fact, the report indicated that the number of new medical licenses in Florida had actually increased, and the physician-to-population ratio remained stable.
Perhaps the most compelling arguments for repeal came from Floridians who shared personal stories of losing loved ones to medical negligence, only to discover they had no legal recourse.
Cindy Jenkins, whose daughter died due to what she described as "horrific negligence" at a hospital, powerfully articulated the core issue: "Medical malpractice premiums are high in Florida because Florida has a lot of medical malpractice. The way you decrease medical malpractice premiums is to stop medical malpractice. My child is a free kill. I have no justice."
Lauren Korniyenko described how her 70-year-old mother died just two days after an "uncomplicated surgery to repair a fractured hip." According to Korniyenko, an autopsy revealed that hospital staff had ignored at least ten "critical signs of a surgical site infection" that led to her death.
These testimonies highlight the human cost of the "free kill" provision and why its repeal represents a significant step toward equal justice under the law for all Florida families.
The repeal of the "free kill" law is part of a broader evolution in how Florida handles medical malpractice claims. In 2022, the Florida Supreme Court eliminated caps on non-economic damages for medical malpractice claims involving multiple claimants, ruling that such limits "imposes unfair and illogical burdens on injured parties," as detailed by Wilson Law.
The Court explained this decision by noting: "In a larger context, under section 766.118, the greater number of survivors and the more devastating their losses are, the less likely they are to be fully compensated for those losses."
These changes reflect a shifting balance in Florida law between protecting healthcare providers from excessive litigation and ensuring that victims of medical negligence and their families have access to appropriate legal remedies.
For Florida residents, the repeal of the "free kill" law represents a significant expansion of legal rights. Once Governor DeSantis signs HB 6017 into law, effective July 1, 2025, the following changes will take effect:
As Representative Dana Trabulsy, who carried the legislation in the House along with Democratic Representative Johanna López, stated: "Nobody should lose a family member due to medical malpractice and lose the ability to access the courts just because they were the age of 25, unmarried with no dependents."
At Fiol & Morros Law Group, we specialize in medical malpractice and personal injury cases. Our experienced team of attorneys at Fiol & Morros Law Group is closely following these important legal developments to ensure our clients receive the full protection of Florida's evolving laws.
The repeal of the "free kill" law will open new avenues for justice for many families who previously had no legal recourse. If you or a loved one has been affected by medical negligence, it's important to understand your rights under these changing laws.
The repeal of Florida's "free kill" law represents a significant step toward equal justice for all families affected by medical malpractice. By removing arbitrary restrictions on who can seek compensation based solely on family status, the Florida Legislature has acknowledged that all lives have value and all families deserve their day in court when negligence causes the loss of a loved one.
As Representative Trabulsy noted upon the bill's passage: "It's about time we change this law and put the courts back into the hands of Floridians."
For families who have suffered the loss of a loved one due to medical negligence, this change offers not only the possibility of compensation but also the opportunity for accountability and closure that was previously denied to many.
If you believe you may have a case under these new provisions, or if you have questions about how these changes might affect your rights, we encourage you to contact our experienced medical malpractice attorneys for a free consultation to discuss your specific situation.
