Florida May Repeal “Free Kill” Medical Malpractice Law
In October 2025, the Florida House of Representatives re-introduced a bill that would amend one of Florida’s most controversial medical malpractice laws, only four months after the state’s governor had vetoed the measure. The so-called “free kill” law is a regulation which only allows bereaved family members to recover non-economic damages in certain situations – and sometimes not at all. This can be a horrible shock for a family that has just suffered a tragedy.
No Damages Recoverable
In a personal injury case, such as when a family sues for wrongful death due to medical malpractice, there are two types of damages. These are referred to as economic and non-economic damages, with the former being quantifiable (such as lost wages and medical bills) while the latter is more intangible (for example, pain and suffering). If a person prevails in a civil lawsuit, they will always be awarded their economic damages (with very rare exceptions).
Non-economic damages, however, are seen differently. Section 768.21 of the Florida Statutes covers the relevant law, and if one carefully examines the language of the statute, they can see that no damages are granted to any child of the deceased over age 25. Parents also cannot recover damages for the passing of any child over 25. To many, this is manifestly unjust – a familial bond does not lessen or disappear just because a child reaches age 25.
The Future Is Uncertain
While there is enough interest in the Florida House for some lawmakers to make repealing the provision a priority, there is opposition to this bill out of fear of rising malpractice insurance rates (and subsequently, at least in theory, qualified medical professionals leaving the state). Alternatively, some have proposed that if this provision is repealed, the quid pro quo would be a cap on all non-economic damages in malpractice cases, which is not currently on the books.
What this all means for the average person is unclear; if the law is repealed, those who suffer a loss due to medical malpractice have a greater chance of recovering damages. However, depending on several factors – not least of all, the possibility of another governor’s veto – it is not a good idea to accept repeal as fact. A knowledgeable attorney will be aware of any changes in the law, and if you decide to try and seek damages after a loved one’s death, they can help.
Contact An Orlando Medical Malpractice Attorney
Medical malpractice can feel like a betrayal, particularly if it results in the loss of someone you love. While it remains to be seen whether the law will be changed, know that an Orlando medical malpractice attorney from the Hornsby Law Group will work hard to get you the compensation you deserve regardless. Call our office today to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.21.html
