Florida’s “Free Kill” law is one of the most controversial aspects of the state’s medical malpractice and wrongful death system. Here’s how it affects wrongful death lawsuits.
What the Free Kill Law Does
Florida Statute §768.21(8) restricts who can recover damages in medical malpractice wrongful death cases. Specifically, only a surviving spouse or children under age 25 can sue for non-economic damages like pain and suffering when someone dies due to medical negligence. This means adult children aged 25 or older cannot sue for their parent’s wrongful death, and parents cannot sue for the death of an adult child aged 25 or older.
The Major Problem
What makes this law particularly controversial is its inconsistency with other wrongful death cases. If a drunk driver kills someone who has adult children over 25, those children can file a wrongful death claim. But if a doctor’s negligence kills the same person, the adult children have no legal recourse for emotional damages. The same disparity exists for parents who lose adult children.
Why It’s Called “Free Kill”
The law earned this nickname because if an unmarried adult without minor children dies from medical malpractice, their family cannot sue for pain and suffering damages, making it financially difficult for attorneys to take many of these cases. Families can still seek economic damages like funeral expenses, but without the ability to recover non-economic damages, most cases aren’t worth pursuing.
DeSantis Vetoed the Repeal of the ‘Free Kill’ Laws
In the 2025 legislative session, the Florida Legislature voted to repeal this provision with overwhelming support (104-6 in the House, 33-4 in the Senate). However, Governor Ron DeSantis vetoed the bill in May 2025. Florida remains the only state in the nation with such explicit restrictions.
The Free Kill Laws Have Not Reduced Malpractice Insurance Costs
The stated goal of the law was to reduce medical malpractice insurance costs for doctors in Florida. However, data from the U.S. Department of Health and Human Services shows Florida has continuously ranked among the top three states for the highest number of medical malpractice suits filed and total payouts since 1990, suggesting the law hasn’t achieved its stated goals.
The law continues to affect countless families who lose loved ones to medical negligence, leaving them without legal recourse for what many consider one of life’s most devastating losses.
Contact Us for a Free Wrongful Death Consultation
If someone you know was killed due to negligence, contact us for a free consultation to discuss your case with a wrongful death lawyer. Swope, Rodante P.A. has over 40 years of experience representing clients who have lost loved ones. Call (813) 273-0017 or contact us online today.
