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Give your point of view regarding the “Florida Free Kill Law”, Section 768.21.
Sample Answer
Florida’s “Free Kill” Law, codified in Section 768.21 of the Florida Statutes, is a unique and contentious provision that restricts the ability of certain family members to file medical malpractice lawsuits. Here are the key points about this law:
– Prohibited Claims: The law prohibits adult children and parents from filing medical malpractice lawsuits when the victim is 25 years old or older. Only surviving spouses and minor children are allowed to pursue damages for pain and suffering in such cases[1][3][5].
– Statutory Language: The specific provision states, “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)”[1][5].
– History and Purpose: The law was implemented in 1990 with the intention of reducing medical malpractice insurance costs and preventing physicians from leaving Florida due to high insurance premiums. However, critics argue that this law does not achieve its intended purpose and instead marginalizes certain demographics, such as adults with disabilities and women who suffer from infertility[1][3][5].
– Impact on Families: The law significantly affects families who lose a loved one due to medical negligence. Adult children over 25 and parents of adult children are barred from seeking compensation for pain and suffering, which often makes it economically unfeasible for them to pursue a lawsuit since other damages like funeral costs are typically not sufficient to justify the legal expenses[3][4][5].
– Legal Challenges and Criticisms: The law has faced numerous challenges and criticisms. It is seen as unfair and inconsistent with other wrongful death laws in Florida, which do not differentiate between medical malpractice and other forms of negligence. Despite bipartisan efforts to repeal the law, it remains in place due to strong opposition from medical and insurance industry lobbyists[1][2][5].
– Recent Legislative Efforts: Recent attempts to repeal or amend the law, such as Senate Bill 690 and House Bill 1435 in the 2023 legislative session, failed to pass. Similar efforts in the 2024 session also encountered resistance, highlighting the ongoing controversy and political challenges surrounding this law[1][2].
This law stands out as an anomaly in wrongful death legislation across the United States, making Florida the only state with such a restrictive provision in medical malpractice cases.
