Florida’s Wrongful Death Act presents doctors and insurance companies liable for wrongdoing with a massive loophole leaving victim’s families without hope for justice

The Wrongful Death Act makes Florida the only state in the US where a lawful death grievance for medical negligence can only be filed by the deceased’s spouse or dependents under the age of 25. Statute § 768.21(8) – otherwise known as the “Free Kill” law – denies thousands of loved ones the right to seek restitution in cases where liability is at the hands of caretakers. This also draws unscrupulous practitioners who’ve experienced malpractice suits or have had their licenses stripped elsewhere to come practice in Florida.

The “Free Kill” law affects seniors, college students, unmarried couples – over half of Florida’s population – and even visitors from other parts of the country. Critics claim it incentivizes allowing a patient to die as opposed to getting them healthy and risking a lawsuit. This backlash has left several families distraught and petitioning to have the law changed. The negative consequences of the law appear to outweigh the supposed pros and discussions highlighting the issue are underway.

Have you or a loved one been affected?

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