Florida lawmaker seeks to fix so-called ‘Free Kill Law’

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SB 248 would change a subsection in the Florida Wrongful Death Act

TALLAHASSEE, Fla. – A bill was introduced in the Florida Senate earlier this week that seeks to fix a medical law from over 30 years ago that has come under heavy criticism.

That law — the Florida Wrongful Death Act — was approved in 1990 and says that if a patient dies due to medical malpractice, their underage children or spouse may pursue damages.

However, Subsection Eight states that these damages aren’t recoverable by adult children — so those over 25 years old can’t pursue damages in these cases.

In addition, parents of an adult patient who dies due to medical malpractice are also unable to pursue damages.

The damages specified in subsection (3) shall not be recoverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s. 766.106(1).

Florida Statute 768.21, Subsection Eight

As a result, the law has come under scrutiny, with critics slamming it as the “Free Kill Law.”

According to the Sarasota Herald-Tribune, the law was intended to reduce the risk for medical providers in the state, which would attract more physicians and lower the cost of health care.

In October 2023, Senate Bill 248 was filed by Republican State Sen. Clay Yarborough, who seeks to fix these problems.

The bill was introduced on Tuesday, and it would change Subsection Eight to allow for adult children and parents of adult patients to recover damages in these instances.

If signed into law, these changes would go into effect on July 1.

The full text of the bill has been attached to this story and can be read in the media viewer below.

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