Ron DeSantis Blocks Repeal of 'Free Kill' Medical Malpractice Law
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Florida Governor Ron DeSantis has blocked a bill which would have repealed a so-called "free kill" medical malpractice law in the state.
Why It Matters
This year, the Florida legislature approved a bill that would have repealed a 1990 Florida law that bars unmarried adult children over the age of 25 and their parents from recovering medical malpractice damages in cases involving the deaths of their parents or children. This law has been known as the "free kill" law and Florida is the only state in which it exists, having been signed into law by then-Governor Lawton Chiles.
Since 2017, Florida has had no caps on pain and suffering awards in medical malpractice suits because the Florida Supreme Court ruled them unconstitutional.
Florida Gov. Ron DeSantis speaks during a public event where he announced he would sign a bill banning the use of fluoride in public water systems, Tuesday, May 6, 2025, in Miami.
Florida Gov. Ron DeSantis speaks during a public event where he announced he would sign a bill banning the use of fluoride in public water systems, Tuesday, May 6, 2025, in Miami.
AP Photo/Lynne Sladky
The state House approved the measure 104 votes to 6. On May 1, the Senate passed it 33 votes to 4 and rejected an amendment that would have included caps.
What To Know
DeSantis said the bill lacked limits on damages and claimed this would make it harder for the state to recruit doctors.
He said the proposal could "open flood gates" for litigation.
What People Are Saying
DeSantis said: "If you don't have those caps, then you really are incentivizing a lot more litigation to take place in the state of Florida. None of that is free lunch. Somebody will have to pay for it. And unfortunately, I think if this bill became law, I do think the cost would be borne by the physicians, who would potentially flee the state, to people that wouldn't have as much access to care."
Florida law firm Palmer Lopez previously described the law as one of the Sunshine State's "most controversial medical malpractice statutes," adding that: "If you do not have a surviving spouse or any children younger than 25, the grim reality is that you're the sole individual with the legal standing to initiate a wrongful death claim against the doctor. Tragically, by the time your case could potentially reach court, you would no longer be alive to see it through [ …] While the situation may sound absurd, it, in fact, describes the reality of many medical malpractice victims in Florida."
Jacksonville Republican Senator Clay Yarborough previously said: "This is a 35-year-old law that needs to be repealed. It's unjust. It shouldn't be on the books."
Florida Surgeon General Dr. Joe Ladapo said: "The wise thing to do in that situation is to have caps in that situation. Frankly, it's insane to have a system with no caps on noneconomic damages."
What Happens Next
The legislature could override DeSantis' veto in the next week.
Meanwhile, DeSantis signed new legislation on Wednesday that will impose tougher penalties on individuals who abandon pets during natural disasters.
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