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‘Crushed my soul:’ Florida lawmaker seeks to fix so-called ‘Free Kill Law’

SB 248 would change a subsection in the Florida Wrongful Death Act

TALLAHASSEE, Fla. – A bill was introduced in the Florida Senate earlier this week that seeks to fix a medical law from over 30 years ago that has come under heavy criticism.

That law — the Florida Wrongful Death Act — was approved in 1990 and says that if a patient dies due to medical malpractice, their underage children or spouse may pursue damages.

However, Subsection Eight states that these damages aren’t recoverable by adult children — so those over 25 years old can’t pursue damages in these cases.

In addition, parents of an adult patient who dies due to medical malpractice are also unable to pursue damages.

The damages specified in subsection (3) shall not be recoverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s. 766.106(1).

Florida Statute 768.21, Subsection Eight

As a result, the law has come under scrutiny, with critics slamming it as the “Free Kill Law.”

According to the Sarasota Herald-Tribune, the law was intended to reduce the risk for medical providers in the state, which would attract more physicians and lower the cost of health care.

Colita Smith told News 6 that her father died at AdventHealth in November 2023 after she brought him in for dialysis.

She claimed that they delayed her father’s dialysis treatment for two days, and he died due to medical malpractice. Afterward, she filed a complaint with the hospital.

Third-party doctors reviewed the medical records, and they indicated that the care rendered was appropriate for the presenting symptoms.

Smith’s family sought legal counsel, but they learned that because of the Florida Wrongful Death Act, they weren’t allowed to sue.

“Because my father did not have any children under the age of 25, there was actually nothing we could do...” Smith said. “It crushed my soul because it’s like, how unfair is that to us?”

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She argued that the law is unfair and needs to be changed.

“That law takes away from people having a voice, people having the opportunity to fight for their loved ones and to get the justice that they need,” she told News 6.

In October 2023, Senate Bill 248 was filed by Republican State Sen. Clay Yarborough, who seeks to fix these problems.

Orlando State Rep. Johanna Lopez, a Democrat, filed the House version of the bill, which has bipartisan support.

The bills were introduced on Tuesday, and it would change Subsection Eight to allow for adult children and parents of adult patients to recover damages in these instances.

If signed into law, these changes would go into effect on July 1.

The full text of the bill has been attached to this story and can be read in the media viewer below.

PDF (1) by Anthony Talcott on Scribd

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