In Florida, a lesser-known judicial loophole prevents numerous families from seeking justice when a relative dies of medical malpractice. This provision, which has popularly become referred to as the “Free Kill” law, is a misguided barrier to bereaved families that denies them the right of prosecution if the decedent was an unmarried adult without dependent children. Medical professionals can thus escape liability for death through negligence.
Victims should know how Florida laws in wrongful death in medical malpractice are used to seek justice. A Miami medical malpractice attorney can advise clients and guide families to seek out options.
What Is Florida’s “Free Kill” Law?
The Florida Wrongful Death Act (Florida Statute §768.21) dictates who can file a wrongful death claim when a loved one dies due to medical malpractice. Unlike other negligence cases, where most surviving family members can seek compensation, medical malpractice wrongful death cases impose strict limitations.
- Who May Bring a Medical Malpractice Wrongful Death Action?
- The surviving spouse
- The surviving minor children (minor children under age 25)
- Who May Not Bring a Medical Malpractice Wrongful Death Action?
- Adult children (age 25 or older) of the decedent
- Parents of an unmarried adult child (age 25 or older)
- Siblings, grandparents, or other more remote relatives
This means that if a patient over 25 years old dies due to medical negligence and leaves no surviving spouse or minor children, no family member can recover pain and suffering damages.
How This Law Affects Families in Florida
This loophole in Florida’s wrongful death statute has severe consequences:
- Families Are Left Without Justice: If a doctor or hospital is negligent and causes a patient’s death, there may be no civil lawsuit if the victim was an unmarried adult with no minor children.
- Medical Providers Face No Financial Consequences: Because these cases cannot move forward in court, hospitals, doctors, and insurance companies avoid liability.
- No Incentive for Improved Patient Safety: Without legal consequences, there is less motivation for healthcare providers to improve care and prevent similar medical errors in the future.
While families may be able to file complaints with medical boards or licensing agencies, these actions do not result in financial compensation or significant legal accountability for the responsible parties.
Why the “Free Kill” Law Exists
Florida is the only state in the country with this type of restriction on medical malpractice wrongful death claims. The law was originally enacted in 1990 under the belief that it would reduce medical malpractice insurance costs and attract more doctors to Florida. However, decades later:
- Medical malpractice insurance rates remain high despite the restrictions.
- No evidence suggests that limiting lawsuits has improved healthcare access.
- Families continue to suffer the consequences of a law that does not exist anywhere else in the U.S.
Can Families Still Take Legal Action?
While Florida’s law significantly limits who can file for pain and suffering damages, some legal options may still be available:
- Economic Damages: Families may be able to seek compensation for medical expenses, lost wages, and funeral costs, even if they cannot recover damages for pain and suffering.
- Alternative Legal Theories: In some cases, an attorney may identify other legal claims outside of medical malpractice that could allow for a lawsuit.
- Legislative Advocacy: Families affected by this law have joined advocacy efforts to push for changes that would restore their rights to seek justice.
A skilled Miami wrongful death lawyer can review the specifics of a case and determine if any legal remedies exist despite the statute’s restrictions. We’ll do everything in our power to help you and your family.
Efforts to Change the Law
The “Free Kill” law has received increasing criticism, and multiple efforts have been made to change or repeal the statute:
- Recent Bills Introduced in the Florida Legislature: Lawmakers have proposed bills aimed at allowing adult children and parents of deceased medical malpractice victims to file claims. These measures have faced resistance from the medical industry and insurance companies.
- Public Outcry and Media Attention: As more families speak out about their inability to seek justice, the issue has gained national attention.
- Legal Advocacy Groups Are Pushing for Reform: Organizations focused on patient rights continue to fight for fairer laws that hold negligent healthcare providers accountable.
Despite these efforts, as of today, the law remains unchanged, leaving many families without legal options after losing a loved one to medical malpractice.
What Should You Do If You Lose a Loved One to Medical Malpractice?
If you believe medical negligence caused the wrongful death of a family member, take the following steps:
- Consult an Attorney Immediately: Because Florida’s wrongful death laws are complex, it is crucial to speak with an experienced Miami medical malpractice lawyer to understand your options.
- Gather Medical Records: Obtain all relevant documentation, including hospital records, autopsy reports, and any evidence of medical negligence.
- File a Complaint with Medical Boards: If legal action is not an option, filing a complaint can help hold the provider accountable.
- Consider Advocacy Efforts: If your case falls under the restrictions of the “Free Kill” law, consider supporting legal reforms that aim to change Florida’s wrongful death statute.
Every case is unique, and only a knowledgeable medical malpractice attorney can determine if there are any available legal avenues.
Conclusion: Fighting for Justice Despite Florida’s Legal Barriers
Florida’s wrongful death law places unfair limits on medical malpractice claims, preventing many families from holding negligent doctors and hospitals accountable. While legislative efforts continue, the law remains unchanged, leaving countless families without legal recourse.
If you have lost a loved one due to medical malpractice in Florida, it is essential to seek legal advice as soon as possible. An experienced Miami wrongful death lawyer can review your case and explore all possible legal options.
For a free consultation, contact Dolan Dobrinsky Rosenblum Bluestein, LLP today at 305-371-2692. Our medical malpractice lawyers are dedicated to helping families navigate the complexities of Florida’s wrongful death laws and fight for the justice they deserve.