When a medical error results in the loss of a loved one, the emotional impact is devastating. But in Florida, the path to justice can be obstructed by a law known as the “Free Kill” Law. This law imposes strict limitations on who can seek damages for wrongful deaths caused by medical malpractice, often leaving families without the means to pursue compensation. The law’s exclusivity to Florida adds a layer of complexity and frustration for those affected by such tragic circumstances.
According to Florida Statutes Section 768.21, the only parties who may seek damages for pain and suffering in medical negligence claims are the decedent’s spouse and minor children. This means that if their parents are victims of medical error, adult children over 25 are not allowed to file a claim.
Let’s explore the implications of this unique law and its impact on Florida families.
Who is Affected by the “Free Kill Law” in Florida?
The main victims of Florida’s Free Kill Law are the relatives of patients who passed away because of medical errors. In particular, the law affects:
- Adult Children Aged Over 25: These individuals are prohibited from pursuing wrongful death claims when their parent dies as a result of a medical error.
- Parents of Adult Children: Parents who lose an adult child to medical negligence also find themselves ineligible for compensation.
The law effectively limits who can seek compensation in the aftermath of a medical error-related death, raising questions about fairness and access to justice for all victims of medical negligence in Florida.
Impacts on Families Under the Florida Wrongful Death Act
The Florida Wrongful Death Act significantly affects families, especially in cases of medical malpractice. The key impacts are:
- Eligibility Restrictions: Only certain family members, such as spouses and minor children, are allowed to seek compensation. This often excludes adult children and parents of adult children unless they are financially dependent on the deceased. As a result, many families are left without legal recourse when a loved one dies due to negligence.
- Emotional and Financial Burden: Families who cannot seek compensation must cope with their loss without the possibility of receiving justice or financial relief. This can lead to severe emotional distress and financial hardship, as they struggle with the aftermath of their loss.
Types of Damages:
- Economic damages, such as lost wages and medical expenses, can be claimed.
- Non-economic damages, including pain and suffering and loss of companionship, are capped in medical malpractice cases. This cap often means that the compensation awarded does not fully reflect the true extent of the family’s loss and suffering.
Comparison with Other States
Other states have more inclusive wrongful death laws, allowing a broader range of family members to seek compensation. These states recognize the emotional and financial bonds between adult children and their parents, providing a means to pursue justice.
The restrictive nature of Florida’s law contrasts sharply with these more inclusive statutes, leaving many Florida families without adequate legal remedies.
Overall, the restrictive provisions of the Florida Wrongful Death Act place a significant burden on families, limiting their ability to seek justice and compensation for the loss of their loved ones.
Legal Challenges and Criticisms
The Florida Wrongful Death Act has faced numerous legal challenges and criticisms:
- Major Legal Challenges: Cases where parents of unmarried adults who died due to medical negligence were denied the right to file wrongful death claims have highlighted the law’s limitations. Despite widespread calls for reform, the law has largely remained unchanged.
- Criticism from Advocacy Groups: Advocacy groups argue that the current provisions are outdated and fail to reflect modern family dynamics. They contend that the law protects healthcare providers at the expense of patients and their families.
- Views from Legal Professionals: Legal professionals criticize the law for its complexity and the barriers it creates for families seeking justice. The pre-suit investigation process, requiring a medical expert’s opinion before filing a lawsuit, can be costly and time-consuming, deterring legitimate claims.
- Healthcare Professionals Perspectives: Some support the law, arguing it helps protect them from frivolous lawsuits and keeps malpractice insurance premiums manageable. Others acknowledge the need for reforms to ensure deserving families receive compensation.
Which States have “Free Kill Laws”?
As of February 2024, Florida is the only state in the United States with a so-called “Free Kill Law,” which places specific constraints on who can initiate wrongful death lawsuits for medical negligence.
While other states might have different restrictions and requirements concerning the filing of medical malpractice and wrongful death lawsuits, such as caps on non-economic damages and particular guidelines for identifying survivors or beneficiaries, Florida’s “Free Kill Law” and its implications are essentially exclusive to the Sunshine State.
How do Florida medical malpractice cases handle wrongful death differently?
The “Free Kill Law” in Florida is problematic since its application is inconsistent in all wrongful death-related legal contexts.
For example, if a drunk driver in Florida hits and kills an individual without a spouse but with adult children over 25, the victim’s children may pursue a wrongful death claim against the offending party.
The adult child of the deceased does not have the same rights in cases of wrongful death brought on by medical malpractice, which results in an unfair distribution of justice.
This inconsistency was tested when the Supreme Court considered the “Free Kill Law” in 2000. However, the court upheld the Act, defending its ruling with the state’s need to reduce medical costs.
Consequently, the law stayed the same, exposing a strange contradiction in Florida’s legal system and unequal treatment of the adult children of those who passed away due to medical misconduct. This ruling has generated discussion and controversy since it drastically alters the way other wrongful death claims in the state are handled and assigns an arbitrary value to the lives lost because of medical errors.
There is no case if there is no suffering and no damages
You may file a claim for damages, such as burial expenses, but most lawyers won’t take these cases since malpractice lawsuits are too expensive to pursue in the absence of damages for pain and suffering.
The most unfortunate aspect of this restriction may be that many of these situations involve adults with special needs who are looked after by their parents and pass away while receiving medical attention.
Contact an Experienced Florida Medical Malpractice Attorney
If you or a loved one has been injured because of a doctor’s or hospital’s negligence, please understand that you do not have to go through this difficult journey alone. The committed medical malpractice lawyers in Florida are available to offer you the professional legal advice and assistance you require.
With a strong dedication to justice and a successful track record of achieving favorable results for our clients, we’re ready to investigate every legal option to make sure you get the money and justice you deserve.
