Latest news with #WrongfulDeathAct
Yahoo
2 days ago
- Business
- Yahoo
Fla. Gov. DeSantis vetoes bill to repeal ‘free kill' medical malpractice law
Florida Gov. Ron DeSantis on Thursday officially vetoed a bill that would have overturned what has been called Florida's 'free kill' law. The 35-year-old law prohibits family members from suing for big payouts for pain and suffering if an unmarried loved one who was 25 years old or older unexpectedly dies from medical negligence. The family members can sue only for economic damages such as funeral costs or medical bills. Florida is the only state with this type of legal restriction in place. This session, lawmakers in both the House and Senate overwhelmingly approved a bill for a full repeal after hearing testimony from dozens of grief-stricken families. On Thursday, at a news conference at a hospital in Fort Myers, DeSantis re-stated that he opposes the proposed bill that the state's lawmakers sent to him for his signature. 'When you have the floodgates open there's an incentive for lawyers to bring cases knowing that if someone sues you, even if you are 100% in the right, just the cost of having to defend that can be prohibitive,' DeSantis said. 'Sometimes it's cheaper to do a settlement even if you haven't done anything wrong. That imposes costs on our economy, our society.' DeSantis also claimed that repealing the law would lead to higher malpractice premiums and make it more difficult to recruit physicians to Florida, a state struggling with a physician shortage. Florida already has among the highest premiums for medical malpractice insurance, he said. The governor reminded Floridians that state law still allows anyone to sue for economic damages, and cited a lack of caps on such noneconomic damages as pain and suffering as a major flaw in the bill sent to him to sign. Family members of victims of malpractice have been fighting for eight years to overturn the law called the Wrongful Death Act. 'We have a right to expect that physicians are going to meet appropriate standards,' DeSantis said. 'There's a lot that goes into it. The state of Florida provides a lot of support for training physicians. If someone is careless, there needs to be accountability, but what is the best way to do that? Is it to open the floodgates and open it up to lawsuits against physicians who weren't necessarily negligent?' With the session still underway, lawmakers could override the governor's veto. Melody Page, co-founder of the Florida Medical Rights Association, said advocates will continue to hold news conferences and lobby in Tallahassee to repeal the 'free kill' law. 'We have lots of support,' she said, adding that if even if lawmakers don't override the governor's veto, her group will push to have a repeal of the law considered next session. 'Every year, more people find the movement when they can't get accountability and their loved one is killed. Advocacy fills that void.' Page said that rather than fighting to repeal the law or worrying about higher medical malpractice premiums, healthcare providers should focus on improving the quality of care. 'Corporations own most hospitals now,' Page said. 'If they were to put dollars into improving the staffing ratio, patient safety, and professional development, then maybe they wouldn't have high medical malpractice rates.' At DeSantis' Thursday news conference, Dr. Larry Antonucci, president and CEO of Lee Health, said he supports the governor's stance on the bill 'on many fronts.' The biggest reason, he said, is that the bill would exacerbate the physician shortage, increase costs, and impact emergency services. 'It will be a deterrent to the one thing that is critical for all of us and that is the recruitment of physicians to this state,' he said. 'We are recruiting hundreds of physicians every year and there are other places people are going to want to go because of the risk of malpractice.' Medical malpractice attorney Jordan Dulcie of Searcy Law in West Palm Beach said Floridians would benefit by a repeal of the law because the state disciplinary process for doctors is not effective in discouraging bad behavior. 'Attorneys are the only ones who hold doctors accountable,' Dulcie said. 'The victims of this law are going to continue to fight, and I will be there to support them.' The bill's sponsors were aware they would have an uphill battle in getting DeSantis to sign off. Mary Jo Cain Reis, who says her father, who lived in Cocoa Beach, was a victim of medical negligence, is already talking to the lawmakers to garner support for an override of the veto. 'It passed 93% in both chambers, so we need to keep fighting for it,' she said. 'We're not going away.' _____
Yahoo
2 days ago
- Business
- Yahoo
DeSantis vetoes bill to repeal ‘free kill' medical malpractice law
Florida Gov. Ron DeSantis on Thursday officially vetoed a bill that would have overturned what has been called Florida's 'free kill' law. The 35-year-old law prohibits family members from suing for big payouts for pain and suffering if an unmarried loved one who was 25 years old or older unexpectedly dies from medical negligence. The family members can sue only for economic damages such as funeral costs or medical bills. Florida is the only state with this type of legal restriction in place. This session, lawmakers in both the House and Senate overwhelmingly approved a bill for a full repeal after hearing testimony from dozens of grief-stricken families. On Thursday, at a news conference at a hospital in Fort Myers, DeSantis re-stated that he opposes the proposed bill that the state's lawmakers sent to him for his signature. 'When you have the floodgates open there's an incentive for lawyers to bring cases knowing that if someone sues you, even if you are 100% in the right, just the cost of having to defend that can be prohibitive,' DeSantis said. 'Sometimes it's cheaper to do a settlement even if you haven't done anything wrong. That imposes costs on our economy, our society.' DeSantis also claimed that repealing the law would lead to higher malpractice premiums and make it more difficult to recruit physicians to Florida, a state struggling with a physician shortage. Florida already has among the highest premiums for medical malpractice insurance, he said. The governor reminded Floridians that state law still allows anyone to sue for economic damages, and cited a lack of caps on such noneconomic damages as pain and suffering as a major flaw in the bill sent to him to sign. Family members of victims of malpractice have been fighting for eight years to overturn the law called the Wrongful Death Act. 'We have a right to expect that physicians are going to meet appropriate standards,' DeSantis said. 'There's a lot that goes into it. The state of Florida provides a lot of support for training physicians. If someone is careless, there needs to be accountability, but what is the best way to do that? Is it to open the floodgates and open it up to lawsuits against physicians who weren't necessarily negligent?' With the session still underway, lawmakers could override the governor's veto. Melody Page, co-founder of the Florida Medical Rights Association, said advocates will continue to hold news conferences and lobby in Tallahassee to repeal the 'free kill' law. 'We have lots of support,' she said, adding that if even if lawmakers don't override the governor's veto, her group will push to have a repeal of the law considered next session. 'Every year, more people find the movement when they can't get accountability and their loved one is killed. Advocacy fills that void.' Page said that rather than fighting to repeal the law or worrying about higher medical malpractice premiums, healthcare providers should focus on improving the quality of care. 'Corporations own most hospitals now,' Page said. 'If they were to put dollars into improving the staffing ratio, patient safety, and professional development, then maybe they wouldn't have high medical malpractice rates.' At DeSantis' Thursday news conference, Dr. Larry Antonucci, president and CEO of Lee Health, said he supports the governor's stance on the bill 'on many fronts.' The biggest reason, he said, is that the bill would exacerbate the physician shortage, increase costs, and impact emergency services. 'It will be a deterrent to the one thing that is critical for all of us and that is the recruitment of physicians to this state,' he said. 'We are recruiting hundreds of physicians every year and there are other places people are going to want to go because of the risk of malpractice.' Medical malpractice attorney Jordan Dulcie of Searcy Law in West Palm Beach said Floridians would benefit by a repeal of the law because the state disciplinary process for doctors is not effective in discouraging bad behavior. 'Attorneys are the only ones who hold doctors accountable,' Dulcie said. 'The victims of this law are going to continue to fight, and I will be there to support them.' The bill's sponsors were aware they would have an uphill battle in getting DeSantis to sign off. Mary Jo Cain Reis, who says her father, who lived in Cocoa Beach, was a victim of medical negligence, is already talking to the lawmakers to garner support for an override of the veto. 'It passed 93% in both chambers, so we need to keep fighting for it,' she said. 'We're not going away.' South Florida Sun Sentinel health reporter Cindy Goodman can be reached at cgoodman@
Yahoo
3 days ago
- Health
- Yahoo
Family sues hospital for negligence in Logan Dunne's death
PEORIA, Ill. (WMBD) — Logan Dunne's family claims in a newly filed lawsuit that members of his treatment team acted negligently when they allowed him to leave the hospital despite being treated for mental illness and out of control diabetes. That day, June 2, 2023, was the last time Dunne, 32, of Brimfield, was last seen alive. He had been a patient at Carle Health Methodist Hospital, being treated for his diabetic condition and was to be transferred back to the hospital's psychiatric floor when he left. Five months later, his remains were found in a wooded area east of Kickapoo Creek in the 300 block of North Kickapoo Creek Road. 'This has been a long process and I wouldn't wish this on anybody. This is Mental Health Awareness Month so our goal is accountability but it is also to bring awareness to the stigma that is related to mental health disease,' said Brian Dunne, Logan's father. The 12-page lawsuit, filed Tuesday in Peoria County Circuit Court, names Methodist as the sole defendant but there are three doctors and Trillium Place who are named as respondents in discovery. That's a way to bring a person into a lawsuit without actually naming them as a defendant and allows the family to possibly add them later. The suit also makes claims under the state's Wrongful Death Act. A call to a spokesperson for the hospital was not immediately returned Wednesday. The suit states it seeks more than $50,000 but that's a statutory basement for this type of lawsuit. In reality, the damages could be more if the family prevails. Brian Dunne said he hopes the suit will spark a change in the way people with mental illness are treated. More communication, he said, was needed as the 'family is pretty much left in the dark.' Attorney Jesse Placher said the goal of the suit was not only 'justice for Logan but to make sure this doesn't happen again.' Logan Dunne was brought to Methodist on May 29, 2023, and involuntarily admitted to the hospital's psychiatric floor for care and treatment. Two days later, the suit alleges, he was discharged from that secure floor and moved to another floor which was not as secure. At the time, the suit alleges, Dunne 'was to be treated for his uncontrolled diabetes on the unsecured medical floor and then transferred back to the secured psychiatric floor.' However, on June 2, he walked out of the building after putting on his street clothes, allegedly in sight of hospital staff who should have stopped him. Hundreds searched the area in and around Brimfield, Edwards, Wildlife Prairie Park and beyond. The search garnered national attention only to end in heartbreak when his remains were found. A case like this can take a couple of years to work through the court system. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
12-05-2025
- Health
- Yahoo
New bill to repeal Florida's ‘Free Kill' law makes it to Gov. Ron DeSantis' desk
Florida's Senate voted May 1 to pass a bill that would repeal the state's so-called 'Free Kill' statute, which restricts who can sue for medical malpractice. Under the 'Free Kill' law, only spouses and children under 25 of someone who died from medical malpractice can sue for pain and suffering due to loss of life. HB 6017 deletes this provision. Also titled "Recovery of Damages for Medical Negligence Resulting in Death," the new bill was filed by House Representatives Dana Trabulsy (R) and Johanna López (D) and is supported by families affected by the 35-year-old law. Florida's House of Representatives already approved HB 6017 in March in a 104-6 vote. The bill will take effect July 1, 2025, unless vetoed by Gov. Ron DeSantis. The American Tort Reform Association wrote a letter to DeSantis May 8 urging him to veto the bill because it would "expose Florida's doctors and other healthcare providers to greater, unpredictable liability." Florida escaped ATR's 'Judicial Hellholes' list just two years ago. No more "Free Kill": Pensacola families fight to change Florida's 'Free Kill' law. Here's why. The 'Free Kill' law, found in Florida Statute 768.21, restricts who can sue for medical malpractice. "The Florida Wrongful Death Act dictates who can file a wrongful death claim when a loved one dies due to medical malpractice," Dolan Dobrinsky Rosenblum Bluestein law office states. "Unlike other negligence cases, where most surviving family members can seek compensation, medical malpractice wrongful death cases impose strict limitations." Related: Florida begins first prosecutions under controversial 'Halo Law' Florida is the only U.S. state with a 'Free Kill' law. In 1990, Florida's Wrongful Death Act was expanded to include the 'Free Kill' statute, reportedly aiming to reduce medical malpractice insurance costs and keep doctors in the state. It made it so only economic damages for funeral costs and medical expenses could be recovered by the adult children (over 25) of the deceased, but not for pain and suffering. Parents of adult children who die due to medical malpractice cannot receive noneconomic damages under this law. HB 6017 deletes the provision in Florida Statute 768.21 that prevents people other than the spouse or children under 25 of someone who died due to medical negligence from recovering certain damages. Unless the bill is vetoed by Gov. Ron DeSantis, it will go into effect on July 1, 2025. Contributing: Mollye Barrows, Pensacola News Journal, Gray Rohrer, USA TODAY NETWORK - Florida This article originally appeared on Pensacola News Journal: Will Gov. DeSantis sign, veto bill repealing Florida 'Free Kill' law?
Yahoo
19-03-2025
- Health
- Yahoo
Illinois mother sues after son dies without critical breathing device
ST. LOUIS – An Illinois mother is suing Washington University and oxygen-device supplier Lincare after her son died from sleep apnea complications. She claims they failed to provide a timely replacement for her son's malfunctioning breathing device prior to his death. Sharon Vernor filed an amended lawsuit on March 7, 2025, against WashU and Lincare over the death of her son, Lequon Vernor. It's her third legal filing in an ongoing battle that began in August 2022, according to Missouri court records. Court documents state that Lequon, who died at the age of 27 in September 2020, had Down syndrome and a mental age that left him unable to advocate for himself. He also suffered from severe sleep apnea and relied on a BiPAP machine to breathe for 11-12 hours a day. Colin Brown's family honors his legacy, community impact According to the lawsuit, Lequon's BiPAP machine failed on September 11, 2020, and his mother made multiple attempts to contact WashU and Lincare for assistance. Despite her calls, Lequon went seven days without a functioning machine before he was found dead from medical complications. The lawsuit accuses both Washington University and Lincare of negligence and failure to provide life-saving medical care. Court documents state that WashU initially sent a request to Lincare on August 26, 2020, for new breathing equipment and supplies. However, Lincare reportedly responded that additional information was needed before providing a replacement. On Sept. 11, when Lequon's machine stopped working, Sharon called both Washington University and Lincare for assistance, according to the lawsuit. WashU did not respond to that call on that day, while a Lincare representative advised her to unplug the machine for 30 minutes and plug it back in. When that failed, the Lincare representative told Sharon a replacement was needed, according to the lawsuit. The lawsuit alleges that five days passed before Sharon received a response. On Sept. 17, one registered medical assistant, dismissed from the amended lawsuit – per Missouri court records, contacted Sharon and stated they had not understood Lequon's name from a voicemail message. It is unclear if any further action was taken from that phone call. Close Thanks for signing up! Watch for us in your inbox. Subscribe Now On Sept. 19, Lequon was then pronounced dead. Afterwards, the registered medical assistant apologized and said an investigation would follow, but Sharon never received any further communication. The lawsuit seeks damages under Illinois' Wrongful Death Act and Survival Statute, as well as Missouri law for aggravating circumstances. The lawsuit seeks damages of at least $25,000 in Missouri, in addition to potential liabilities for Illinois' law, according to court documents. One court hearing, listed as a motion for sanctions, was scheduled for Monday, though the timeline for further proceedings remains unclear, according to online Missouri court records. FOX 2 has reached out to Washington University, Lincare, and the law firm representing Sharon Vernor for comment. None have replied to our requests for comment as of this story's publication. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
