Fact-Check: "Does Florida have a free kill law?"
What We Know
Florida is known for having a controversial statute referred to as the “Free Kill Law,” formally codified in Florida Statute 768.21(8). This law restricts who can file medical malpractice claims in cases where the victim is 25 years old or older. Specifically, it limits the right to sue for wrongful death due to medical negligence to the deceased's spouse and minor children (under 25 years old) only. This means that if an adult child loses a parent due to medical malpractice and that parent was unmarried and childless, the adult child has no legal recourse to file a claim for damages related to their parent's death. As of early 2024, Florida is the only state in the U.S. with such a law, which has drawn significant criticism for its perceived unfairness and inconsistency compared to other wrongful death claims (e.g., those arising from car accidents) where adult children can sue (source-2).
Critics argue that the law effectively denies justice to many families affected by medical malpractice, as it creates a legal environment where certain demographics, such as adult children and parents of deceased adults, are barred from seeking compensation for emotional damages (source-3). The law was enacted in 1990, originally intended to curb rising malpractice insurance costs and prevent doctors from leaving the state (source-4).
Analysis
The term "Free Kill Law" is a colloquial name that reflects the law's implications rather than its official title. The law's critics, including legal experts and advocacy groups, argue that it creates a disparity in justice, as it allows for wrongful death claims in other contexts but not in medical malpractice cases (source-5). For instance, if a drunk driver kills someone who has adult children over 25, those children can file a wrongful death claim. However, if the same scenario occurs in a medical malpractice context, the adult children are barred from doing so (source-6).
The reliability of the sources discussing the Free Kill Law varies. Legal blogs and advocacy articles provide detailed explanations of the law and its implications, but they may carry inherent biases, as they often advocate for reform (source-1, source-2). News articles, such as those from reputable outlets like Fox 13, provide factual reporting on legislative actions and public responses, contributing to a more balanced understanding of the law's impact.
Governor Ron DeSantis has publicly defended the law, arguing that repealing it could lead to increased malpractice insurance premiums and a potential flood of lawsuits, which he claims would ultimately harm healthcare access in Florida (source-3). However, critics counter that the law has not effectively reduced healthcare costs or improved access to medical care, suggesting that its purported benefits are unsubstantiated (source-4).
Conclusion
The claim that Florida has a "free kill law" is True. The law exists and imposes significant restrictions on who can file medical malpractice claims in cases of wrongful death, making Florida unique in this regard. The implications of this law have sparked ongoing debates about fairness and justice in the state's legal system, particularly concerning the rights of families affected by medical negligence.
Sources
- How Florida's Free Kill Law Hurts Victims of Medical ...
- Florida's 'Free Kill' Law - FHVG
- Florida remains the only state with 'free kill' law
- Florida Legislature Ends 35-Year Ban on Lawsuits for ...
- Jeffrey P. Gale, P.A. // Florida's “Free Kill” Law: A Legal ...
- Florida’s “Free Kill” Law - Serrano, Farah Law, LP
- Gov. DeSantis vetoes Florida medical malpractice bill to ...
- Florida's “Free Kill” Medical Malpractice Law