For families of medical malpractice wrongful death victims, it is important to understand Florida’s Free Kill law because it concerns one of the most controversial laws in the state on medical malpractice cases. While the expression “Free Kill Law” does not appear in Florida statutes, it is used to discuss a legal cap on certain family members’ rights to recover non-economic damages in some medical malpractice wrongful death cases.
Florida’s Free Kill Law Explained
The label “Free Kill Law” is a reference to the interaction of Florida’s Wrongful Death Act and Medical Malpractice Act.
In many cases, when an unmarried adult is killed due to medical malpractice, and there are no minor children who survive, adult children who are 25 years of age or older and the decedent’s parents may be prohibited from recovering non-economic damages such as pain and suffering. As a result, some families may have little or no viable claim even when medical negligence was a cause of the death.
While Florida Statutes § 768.21 allows certain surviving family members to recover damages when there is a wrongful death, Florida limits their rights under certain circumstances if the underlying cause is medical negligence.
However, this limit on recovery does not bar every wrongful death claim. For instance, economic damages like lost financial support or medical bills may be recoverable based on the facts and the surviving family members who qualify under the law.
The Florida Department of Health reports that 203 deaths were caused by complications of medical and surgical care in Florida during 2024. There were 196 deaths during 2023 and 200 deaths during 2022. Although these deaths do not necessarily equal confirmed cases of medical malpractice, they demonstrate some of the potential consequences of medical and surgical care gone wrong.
Why the Law May Be Controversial
Proponents of changes to the law point out that it creates a disparity in how medical malpractice cases are treated in comparison to other kinds of wrongful death. For example, if a family member dies due to negligence in a motor vehicle collision or in another kind of accident, surviving family members generally have greater rights to recover damages than they would in certain medical malpractice cases.
Due to these competing public policy concerns, the statute has been the subject of debate in the Florida Legislature many times. An attorney who understands medical malpractice laws can help you understand how it applies to your case.
How the Law Affects Florida Medical Malpractice Cases
Florida law impacts cases in a significant way. The statute’s practical effect is dependent on several factors, such as:
- Whether the patient had children who were alive at the time of death
- The ages of the children
- The relationship between the surviving family members and the deceased person
These factors make medical malpractice wrongful death claims much more complicated than many other personal injury cases. As a result, families with similar circumstances may have different legal rights under the law depending on the facts of their particular case.
Hire a Medical Malpractice Lawyer
Families that are thinking about whether to hire a medical malpractice lawyer should keep in mind that wrongful death cases require more than proving that a medical error occurred. A medical malpractice attorney analyzes whether surviving family members are qualified to recover damages under Florida law. A lawyer can also advocate for you in court if your case proceeds to litigation.
Medical malpractice wrongful death claims are generally filed in the Florida circuit court that has jurisdiction over the county where the alleged negligence occurred. For instance, if the conduct occurred in Broward County, the case would usually be filed in the Broward County Central Courthouse, 201 Southeast 6th Street, Fort Lauderdale, FL 33301.
Spangenberg Shibley & Liber for Your Medical Malpractice Needs
Spangenberg Shibley & Liber has been representing medical malpractice victims for many years and has recovered more than $1 billion in verdicts and settlements since the firm was founded in 1946. However, past results do not guarantee a similar outcome. Each case is different and must be evaluated on its own merits.
Spangenberg Shibley & Liber results include an $8.5 million settlement for a delayed diagnosis case resulting in quadriplegia and a $6.5 million verdict in a wrongful death medical malpractice case. We can assist you in your case as well. Contact us today to get started on your case.
