Repeal of Florida’s Free Kill Law Conditioned on Damage Caps
The Florida Senate Judiciary Committee conditioned the repeal of an admittedly bad law, the Free Kill law, upon requiring every citizen in the State of Florida to give up their right to full compensation for damages and holding doctors responsible in medical malpractice cases.
The Free Kill law prevents doctors from being sued if their malpractice results in the death of an unmarried adult over the age of 25. Thus, doctors have a safe harbor, or a free kill, if their negligence kills an unmarried adult child or the single parent of a child over the age of 25. No other state in the country has such a law, and most Senators acknowledged the law is unfair.
However, in order to “thread the needle” and pass the law, the committee voted to take away the right to full damages to every citizen who is a victim of malpractice in the State of Florida by capping mental anguish damages due to medical negligence to $500,000.
The committee offered very little if no evidence that limiting pain and suffering damages to the citizens of Florida for death or injury resulting from malpractice to $500,000 will lower malpractice premiums for doctors. Nor does the law require insurance companies to lower their malpractice rates or big medical corporations to fairly compensate the doctors that work for them instead of reaping huge profits. In fact, damage caps have been ruled unconstitutional two times by the Florida Supreme Court. It will result in costly litigation paid for by taxpayers, again, on an issue that has already been decided and the State of Florida will most likely lose.
This law does not help health care providers or their patients. It does help insurance companies and large corporations, who spend a lot of money on lobbyists and political donations.
Gayle Harrell, a Senator from the Treasure Coast voted in favor of the proposed law, saying “caps are essential” . However, very little evidence was cited to support how caps “are essential” to any of her stated goals. She looked at families in the audience who had spoken against the bill when she voted for damage caps, including a family whose infant daughter is slowly losing her fingers and hand due to obvious malpractice. Many speakers said $500,000 is a slap in the face for their damages and does nothing to hold large medical corporations responsible and accountable for their actions.
Numerous victims of malpractice emotionally commented against the damage caps but in favor of repealing the Free Kill law.
This bill will continue to be debated this 2024 legislative session.
Contacting legislators is encouraged to advocate for change. More information on contacting representatives. Find information on contacting your Senator. Learn more about the Bill Florida Senate Bill 442.
