Florida Moves to Overturn “Free Kill Law” in Major Medical Malpractice Reform

In a landmark shift that could dramatically expand legal rights for grieving families, Florida lawmakers have voted to repeal one of the state’s most controversial medical malpractice laws—often referred to by critics as the “Free Kill” law. The legislation, officially known as House Bill 6017 (HB 6017), now awaits final approval from Governor Ron DeSantis.

Update: Governor DeSantis vetoed the bill.  It may now be taken up by the Legislature to override this veto and become law over the Governor’s veto.

For decades, this law has blocked certain surviving family members from filing wrongful death lawsuits when a loved one dies due to medical negligence. If signed into law, HB 6017 will restore access to justice for thousands of Floridians who were previously left without legal recourse after losing a parent or child to preventable medical errors.

What Is Florida’s “Free Kill” Law?

Florida Statutes § 768.21 currently prohibit adult children (age 25 and older) from filing a wrongful death claim for the loss of a parent due to medical malpractice. Similarly, parents cannot pursue damages for the death of a child aged 25 or older. This restriction, which is unique to Florida, has been in place since 1990 and has long been criticized for its arbitrary age cutoffs and devastating real-world consequences.

Critics say the law effectively gives negligent doctors and hospitals a free pass in cases involving unmarried adults without young children, or seniors whose children are no longer minors. Survivors in these situations are barred from seeking non-economic damages like pain, suffering, and emotional distress, regardless of the severity of the malpractice.

What’s Changing With HB 6017?

House Bill 6017 seeks to repeal the 1990 statute and remove the age-based limitations that have denied families the ability to pursue justice in wrongful death cases stemming from medical negligence.

The bill passed the Florida House in March with overwhelming bipartisan support (104-6) and cleared the Senate in May with a 33-4 vote. If Governor DeSantis signs it into law, families who previously had no legal options will be able to seek both economic and non-economic damages in these tragic cases.

Why This Change Matters

Repealing the “Free Kill” law is about more than compensation—it’s about fairness, accountability, and the right to justice. Here’s why the change is so significant:

• Restores Equal Rights for All Families: No family should be excluded from justice based on arbitrary age limits.
  
• Encourages Medical Accountability: When healthcare providers can be held liable, it incentivizes better standards of care.
  
• Provides Closure and Financial Relief: Families grappling with the emotional and financial toll of a preventable death deserve a path forward.
  
• Ends a National Outlier: Florida is currently the only state in the U.S. with this type of restriction on wrongful death claims due to medical malpractice.
  

Arguments For and Against the Repeal

Supporters of HB 6017, including legal advocates and families of victims, argue that the current law devalues the lives of adults over 25 and allows preventable medical errors to go unchallenged. Jacksonville Republican Senator Clay Yarborough called it “a 35-year-old law that needs to be repealed,” adding: “It’s unjust. It shouldn’t be on the books.”

Opponents, primarily from the medical and insurance industries, fear that repealing the law could lead to increased medical malpractice lawsuits and higher insurance premiums for doctors. Some, like Senator Gayle Harrell, pushed for a $1 million cap on non-economic damages, but the Senate ultimately rejected that amendment by a narrow 19-18 vote, preserving the bill’s goal of eliminating arbitrary limits entirely.

If signed, the repeal could take effect immediately or upon a specified date included in the final bill, opening the door for new wrongful death claims and allowing previously ineligible survivors to pursue justice.

As of May 29, 2025, Governor DeSantis vetoed the bill.  It may now be taken up by the Legislature to override this veto and become law over the Governor’s veto.

Understanding Wrongful Death and Medical Malpractice in Florida

Medical malpractice occurs when a healthcare provider’s actions, or failure to act, fall below the accepted standard of care and cause serious harm or death. Wrongful death claims based on malpractice often involve:

• Misdiagnosis or delayed diagnosis
  
• Surgical errors
  
• Medication mistakes
  
• Anesthesia complications
  
• Failure to monitor or intervene during treatment
  

To succeed in a wrongful death lawsuit, survivors must prove that the medical provider’s negligence directly caused the patient’s death, and demonstrate the losses they have suffered as a result.

What Damages Can Be Recovered?

If HB 6017 becomes law, surviving family members, including adult children and parents of deceased adults, may be able to recover:

• Medical expenses and funeral costs
  
• Loss of income or financial support
  
• Loss of companionship, guidance, and protection
  
• Mental anguish and emotional suffering
  
• Future counseling or therapy expenses
  

How Flanagan & Bodenheimer Can Help

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we have spent years advocating for the rights of Florida families impacted by medical negligence. We believe that every human life has value, and that no one should be denied justice.

Our firm focuses exclusively on personal injury and wrongful death cases, and we handle each case with the care, attention, and trial-readiness it deserves. We also work on a contingency-fee basis, meaning you pay no legal fees unless we win your case.

If you’ve lost a loved one due to suspected medical malpractice and were previously barred from filing a claim due to the “Free Kill” law, this upcoming legal change could open a new path forward for you and your family.

Contact us today at 305-638-4143 or fill out our online form for a free, confidential consultation. We serve clients throughout Florida, including Miami, Fort Lauderdale, Hollywood, Coral Gables, Boca Raton, and more.