Florida’s “Free Kill” law stands as a unique provision in the state, preventing family members from suing healthcare providers responsible for the death of their unmarried adult relative due to medical malpractice. This law effectively grants healthcare providers immunity from liability if their actions result in the death of an unmarried adult child or parent, a situation that discriminates against unmarried individuals.
Consider scenarios where individuals reach out seeking justice for their unmarried parent’s demise caused by hospital negligence. Unfortunately, the constraints of Florida’s “Free Kill” law obstruct their pursuit of justice and accountability for their parent’s death.
Similarly, parents seeking recourse for the loss of their unmarried adult children face the same impediment. Healthcare providers in Florida remain unaccountable for their actions resulting in the death of an unmarried adult family member due to this specific law, an exception unique to Florida among all states in the country.
The rationale behind this law remains unproven. Legislators have argued that doctors leave the state due to lawsuits, yet evidence contradicts this claim. Statistics show that only a tiny percentage of doctors cite liability concerns as their reason for departing Florida, with familial, financial, or a desire for change being more substantial factors, as per the Florida Department of Health-Physician Workforce Annual Report, 2022, where only 7% of doctors identified “liability” as an issue.
The legislative argument to maintain this law lacks logical coherence. Why would physicians prefer relocating to states where they could potentially face lawsuits for negligently causing the death of an unmarried adult family member? Addressing this discrepancy, SB 442 aims to treat all individuals equally, regardless of marital status, in cases of death resulting from medical malpractice. This bill is set for discussion during the 2024 Florida Legislative Session scheduled from January 9 to March 8, 2024.
Contacting legislators is encouraged to advocate for change. More information on contacting representatives. Find information on contacting your Senator. Â Learn more about the Bill Florida Senate Bill 442.
