Florida’s medical malpractice wrongful death laws have remained largely unchanged for over three decades. These laws limit who can seek compensation for non-economic damages, such as pain and suffering, in cases where a loved one dies due to medical negligence.
However, recent legislative efforts may soon shift the legal landscape. Lawmakers are now debating bills that would eliminate these long-standing restrictions. This article explores the proposed changes, the potential impacts, and what lies ahead for the Florida medical malpractice wrongful death law.
Understanding Florida’s Existing Wrongful Death Statute
Under Florida’s current wrongful death statute, certain family members are prohibited from pursuing non-economic damages in medical malpractice cases. Specifically, parents of adult children over 25 and adult children of unmarried individuals who die due to medical negligence cannot recover compensation for emotional suffering.
This restriction has been in place since 1990. It is often referred to by critics as Florida’s “free kill” law because it limits the legal accountability of healthcare providers when the deceased has no surviving spouse or minor children.
Families affected by this statute often feel that it unfairly prevents them from seeking justice. In many cases, elderly individuals who are divorced or widowed, and whose only survivors are adult children, fall into this legal gap.
The law’s original intention was to control the cost of malpractice insurance and maintain the availability of healthcare professionals. Yet, many question whether it has achieved those goals.
Legislative Efforts to Amend the Law
Two bills are at the center of the effort to change Florida’s current system: House Bill 6017 (HB 6017) and Senate Bill 734 (SB 734). Both propose the repeal of the existing limitations, thereby expanding who can pursue non-economic damages in medical malpractice wrongful death claims.
If passed, these bills would allow parents of deceased adult children and adult children of deceased, unmarried adults to file claims for non-economic damages. This would effectively close the loophole that currently prevents many families from pursuing such cases.
The House has already approved HB 6017 with strong support. Meanwhile, SB 734 continues to move forward in the Senate. This is the first time in years that versions of the bill have passed through committees in both chambers.
Supporters believe these changes are long overdue. They argue that every life should be treated equally under the law, regardless of marital or parental status.
Opponents, including some hospitals and physician groups, caution that the change could increase malpractice insurance premiums and discourage doctors from practicing in Florida.
Potential Impact of the Law Changes
If enacted, these changes could significantly affect families seeking justice in medical malpractice cases. They would open the door for more claims involving pain and suffering, particularly in situations that were previously excluded under the current law.
Families who lose an elderly parent or an unmarried adult child to alleged medical negligence would now have a clearer path to pursuing legal recourse. This could offer a greater sense of closure and recognition of their emotional losses.
The legal and medical communities are divided on the issue. Some professionals believe the reforms would bring much-needed balance to the Florida wrongful death statute. Others fear a potential increase in litigation and related costs.
Hospitals and insurers have expressed concerns that the influx of new claims may lead to higher costs. Still, advocates insist the primary goal is accountability, not financial gain.
Ultimately, the outcome may depend on how the legislature addresses concerns about cost while upholding the rights of grieving families.
What Happens Next
As of the time of this article’s publication, SB 734 has passed through key Senate committees and is awaiting further review. HB 6017 has already been approved by the House.
If both bills continue to gain traction, the next step will be a vote in the full Senate. If passed, the final version will head to the governor for approval. If signed, the changes could take effect as early as July.
David Sampedro, a board-certified personal injury attorney at Panter, Panter & Sampedro, spoke out about the proposed changes in a recent video, saying:
“The Florida legislature is actually considering repealing a law that’s been on the books for over 35 years. Did you know that if you lose a loved one as a result of medical malpractice, if that person is over the age of 25 and is not survived by a spouse, that no one can make a claim for their non-economic damages or the pain and suffering that they’ve lost? … The Senate in particular is actually considering repealing that ban, that oppressive ban that’s been on the books for over 35 years.”
He urged people to get involved, saying:
“I suggest that you reach out to your local legislature, your local state senator, your local state representative, and ask them to support repealing this oppressive free-kill bill.”
This advocacy comes at a time when both the House and Senate are considering bills that could end the restrictive statute and offer greater justice to families impacted by medical malpractice.
Lawmakers are continuing to debate the balance between justice for families and the impact on healthcare providers. Whatever the outcome, these legislative efforts mark a significant moment in the evolution of Florida’s medical malpractice law.
Experienced Wrongful Death Claim Lawyers
Understanding the implications of changes to the Florida medical malpractice wrongful death law is essential for families who may be affected. The proposed repeal of the “free kill” law and related statutes like HB 6017 and SB 734 reflects a growing movement toward broader access to justice.
If you have lost a loved one and believe medical negligence was involved, speaking with a knowledgeable wrongful death attorney is an important step. At Panter, Panter & Sampedro, our experienced team understands the complexities of the Florida wrongful death statute and can guide you through your options.
We are committed to helping families navigate these challenging moments with compassion and legal skill. As the law continues to evolve, we will be here to ensure your voice is heard and your rights are protected.
Sources:
https://www.yahoo.com/news/florida-bill-aims-more-accountability-140906061.html
https://www.wctv.tv/2025/03/18/florida-senate-moves-close-medical-malpractice-loophole/
