In a significant move, the Florida Legislature has passed a bill to repeal the state's controversial "Free Kill" law, a statute that has long prevented certain families from seeking justice in cases of medical malpractice resulting in death. However, Governor Ron DeSantis has indicated a potential veto of this repeal, raising concerns about the implications for Floridian families and the influence of insurance companies in this decision.

Understanding the "Free Kill" Law

Florida's "Free Kill" law refers to a provision that bars adult children and parents of adult children from pursuing wrongful death claims in cases of medical malpractice if the deceased had no surviving spouse or minor children. This law has effectively denied many families the opportunity to hold healthcare providers accountable for negligence, leaving them without legal recourse or closure.

The Legislative Repeal: A Step Toward Equity

The recent legislative session saw a bipartisan effort to rectify this injustice. The House passed the repeal with a 104-6 vote, and the Senate followed with a 33-4 vote, signaling broad support for change . Advocates argue that repealing the "Free Kill" law is essential for ensuring that all families, regardless of the deceased's marital or parental status, have equal access to justice.

The Governor's Veto Threat: Who Benefits?

Governor DeSantis's potential veto raises questions about whose interests are being prioritized. While proponents of the veto may cite concerns about increased litigation and insurance costs, it's important to consider that maintaining the status quo primarily benefits insurance companies by limiting their liability. Meanwhile, families who have lost loved ones due to medical negligence continue to suffer without the means to seek accountability.

The Human Impact: Real Stories of Loss

The consequences of the "Free Kill" law are not abstract. Families across Florida have shared heartbreaking stories of losing loved ones to medical errors and being unable to pursue justice due to this law. These narratives underscore the urgent need for reform and the importance of the legislature's action to repeal the law .

Why Repealing the Law Is Best for Floridians

• Restoring Justice: All families deserve the right to seek legal redress when medical negligence leads to the death of a loved one.

• Promoting Accountability: Allowing lawsuits in these cases can incentivize healthcare providers to adhere to higher standards of care.

• Aligning with Other States: Florida's restrictive stance is an outlier; repealing the law would bring the state in line with broader national practices.

Our Commitment to Supporting Families

At Travieso Law Firm, we are dedicated to advocating for families affected by medical malpractice. We believe that everyone deserves access to justice, regardless of their familial status. If you or someone you know has been impacted by the "Free Kill" law, we are here to help navigate the legal process and fight for the accountability you deserve.

Take Action

We encourage all Floridians to stay informed about this critical issue and to reach out to their representatives to express support for the repeal of the "Free Kill" law. Together, we can work toward a more just and equitable legal system that serves all members of our community.

For more information or to schedule a consultation, please contact us.