On May 1, 2025, Florida’s Legislature passed HB 6017/SB 734 to repeal the 1990 provision—often called the “free kill” law—that barred adult children and parents from seeking non-economic damages in medical malpractice deaths when the patient had no spouse or minor children. Unless vetoed, the change takes effect July 1, 2025, extending wrongful death claims to all close survivors and aligning Florida with the rest of the nation.
Historical Context
In 1990, Florida capped the rights of certain survivors to curb malpractice insurance costs and stem a doctor exodus. The law prohibited adult children (age 25 and older) and parents from suing for pain and suffering in malpractice death cases absent a spouse or minor child—making Florida the only state with such a restriction. Over 35 years, premiums remained high and many families were left without legal recourse.
Impact on Florida’s Insurance Industry
With the repeal, malpractice insurers must adjust to a broader pool of potential claimants, leading to:
- Premium Increases: Actuaries will factor in additional wrongful death payouts, likely driving up rates—especially for high-risk specialties.
- Underwriting Tightening: Expect stricter risk assessments, higher deductibles, or sub-limits for providers with prior incidents.
- Coverage Availability: Some carriers may withdraw or limit Florida policies, increasing reliance on smaller insurers or captive arrangements.
Healthcare providers and risk managers should review their policies, consider bolstering patient-safety programs, and explore risk-management credits to mitigate exposure.
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