Florida Wrongful Death Law: Why DeSantis's Veto Affects Every Family's Rights
Florida wrongful death law stands as the only legislation in America that prevents certain family members from seeking damages after a medical malpractice death. Despite overwhelming bipartisan support, Governor Ron DeSantis recently vetoed House Bill 6017, which would have repealed this controversial 35-year-old provision commonly called the "free kill" statute.
Currently, if you're an unmarried adult over 25 or the parent of an adult child in Florida, you cannot pursue non-economic damages in medical negligence cases. The vetoed bill aimed to change this reality, passing with remarkable legislative backing (33-4 in the Senate and 104-6 in the House). However, DeSantis cited concerns about healthcare costs and reduced access to care, particularly in rural and aging communities, as justification for his decision. This tension between healthcare providers and families seeking accountability creates a unique legal landscape that affects your rights when facing medical malpractice in Florida.
What is Florida’s Wrongful Death Law?
The Florida Wrongful Death Act provides legal recourse for families who lose loved ones due to someone else's negligent actions. This statute, outlined in Florida Statutes Chapter 768, has attracted significant attention because of its unusual restrictions, especially regarding medical malpractice cases.
How the law defines wrongful death
Under Florida law, a wrongful death occurs when someone dies due to "the wrongful act, negligence, default, or breach of contract" of another person or entity. Essentially, if the deceased person could have filed a personal injury lawsuit had they survived, their representatives can pursue a wrongful death claim instead.
The law covers various scenarios including car accidents, workplace injuries, and product liability cases. Nevertheless, it contains a notable exception related to medical negligence that sets Florida apart from other states.
Who can sue for wrongful death in Florida
Florida's wrongful death statute specifically designates who can bring claims as "survivors." The personal representative of the deceased's estate must file the lawsuit, but they do so on behalf of specific family members:
Spouse of the deceased
Minor children (under 25 years old)
Parents of a minor child
Blood relatives or adoptive siblings who were dependent on the deceased
Furthermore, the law provides specific benefits each survivor can claim. For instance, spouses may recover for lost companionship and mental pain, while children can seek compensation for lost parental guidance.
Why it's called the 'Free Kill' law
The controversial nickname "Free Kill" stems from a specific provision in Florida's medical malpractice law. For cases involving medical negligence, the statute creates a significant restriction: adult children (over 25) cannot recover non-economic damages for the death of a parent, and parents cannot recover non-economic damages for the death of an adult child (over 25) unless the adult child has no spouse or minor children.
This means unmarried adults without minor children who die from medical malpractice essentially become "free kills" because certain family members cannot seek compensation for their emotional suffering. While economic damages like lost wages or medical bills remain recoverable, the emotional toll—often the most significant aspect of wrongful death—goes uncompensated for these families.
This exceptional limitation applies exclusively to medical negligence cases. Notably, in any other type of wrongful death case (like car accidents or workplace incidents), these same family members would be entitled to pursue such damages, creating what many critics see as an unjust double standard that primarily benefits healthcare providers and their insurers.
What HB 6017 Tried to Change
House Bill 6017 aimed to eliminate a 35-year-old provision that many Floridians have long considered unjust. Filed in February 2025, this legislation sought a clean repeal of the special exemption in Florida's medical malpractice laws that prevents certain family members from recovering non-economic damages.
Expanding rights to adult children and parents
HB 6017 proposed to delete the language that bars parents of adult children (age 25 and older) and adult children of deceased parents from suing for pain and suffering when medical malpractice causes death. Fundamentally, the bill would have aligned medical malpractice wrongful death claims with general rules that apply to other types of wrongful death claims in Florida.
Following the bill's passage, two specific groups would have gained legal standing:
Parents of deceased adult children who were 25 or older, unmarried, and childless
Adult children of deceased parents who were unmarried with no dependents
Non-economic damages and their significance
In wrongful death law, pain and suffering are considered non-economic damages that acknowledge the emotional weight of losing a loved one. These damages don't cover tangible losses such as lost income or hospital bills. Rather, they recognize the intangible yet equally devastating effects that come with lost companionship, emotional support, and shared life experiences.
Prior to this legislative effort, many families discovered that economic damages alone were often insufficient to warrant the cost and time required to prosecute a medical negligence case. Consequently, many valid claims went unpursued, leaving negligent practitioners without accountability.
Why the bill passed both chambers
The Florida House passed HB 6017 by an overwhelming vote of 104–6. Subsequently, the Senate followed with a 33–4 vote, demonstrating rare bipartisan consensus in favor of repeal. Senate Judiciary Chair Clay Yarborough, who sponsored the Senate companion, stated plainly: "This is a 35-year-old law that needs to be repealed. It's unjust. It shouldn't be on the books".
Throughout the legislative process, advocates flooded the Capitol with personal stories. Sabrina Davis, whose father Keith (a 62-year-old retired Navy submariner) died when a doctor failed to diagnose blood clots, became a prominent voice for change. Many legislators across party lines ultimately recognized the inherent unfairness of denying certain family members their day in court solely based on the victim's age and family status.
Why Governor DeSantis Vetoed the Bill
On May 29, 2025, Governor Ron DeSantis announced his veto of House Bill 6017 during an appearance at Gulf Coast Medical Center in Fort Myers. Despite overwhelming bipartisan support in the legislature, the governor cited several specific concerns that ultimately led to his decision.
Concerns about rising healthcare costs
DeSantis primarily worried that repealing the decades-old provision would make healthcare more expensive for Floridians. "In my judgment, it would lead to higher costs for Floridians, it would lead to less access to care for Floridians," he stated. The governor expressed particular concern about impacts on rural and aging communities, where healthcare access is already challenging.
Recent data supported some of these concerns—Florida has experienced a notable 4.7% increase in medical malpractice premiums, compared to the regional average increase of just 2.1%. Additionally, 10% of claims closed in Florida in 2023 exceeded $1 million, compared to 7.5% nationwide.
Fear of increased medical lawsuits
"That is going to lead to a flood of lawsuits against practitioners and against hospitals," DeSantis warned. He further explained that repealing the reform would "expose Florida's physicians and healthcare providers to unpredictable liability".
The governor's concerns echo those of the medical community. Dr. Antonucci, an obstetrician and gynecologist, testified that the bill would increase healthcare costs for everyone. Similarly, healthcare advocates claimed the change would "open floodgates" for litigation.
Lack of caps on damages and attorney fees
Perhaps most critically, DeSantis insisted that "any approach to medical negligence reform must include proper safeguards and reasonable caps to prevent abuse by predatory attorneys". He specifically referenced a failed amendment that would have placed a $1 million cap on non-economic damages, which was defeated by a single vote in the Senate (18-19).
"If you had caps on the amount of damages people could seek, that would disincentivize a lot of jackpot justice," the governor explained.
Critics of the veto, meanwhile, suggested the governor was influenced by industry interests. "The only possible motivation is his tie to the hospital industry and the insurance industry, and the fact that their powerful lobby controls him," claimed attorney Brent Bradley.
How the Veto Affects Florida Families
Families across Florida face profound consequences as DeSantis's veto maintains legal barriers for those seeking accountability after medical negligence deaths. The decision impacts thousands of Floridians who cannot pursue wrongful death claims despite clear evidence of malpractice.
Real stories from affected families
Sabrina Davis, whose Navy veteran father Keith died from a misdiagnosed blood clot while being treated for knee pain, has become a prominent advocate. Despite the Department of Health finding the doctor committed medical malpractice, his only penalty was a $7,500 fine and continuing education requirements. Marcy Shepler, whose 29-year-old son with Down syndrome died after being denied treatment, expressed her frustration: "JoJo was never treated as an adult under the law, except in death".
Legal limitations for unmarried adults
Presently, Florida's law creates a painful reality: if you are 25 or older, unmarried or widowed, and have no children under 25, you are essentially what critics call a "free kill". Your loved ones cannot sue for mental pain and suffering damages after a medical negligence death. This limitation applies exclusively to medical negligence cases—in any other type of wrongful death scenario, these same family members could pursue such damages.
Conclusion
Florida's wrongful death law stands unique among all states, creating a troubling gap in justice for certain families. Despite overwhelming bipartisan support for House Bill 6017, Governor DeSantis's veto ensures the "free kill" statute remains firmly in place. Consequently, adult children and parents of adult children will continue facing an impossible legal barrier when seeking accountability for medical negligence deaths.
The implications extend far beyond legal technicalities. Families like Sabrina Davis's and Marcy Shepler's represent thousands of Floridians who discover their right to pursue justice depends entirely on their loved one's age and family status. Additionally, this creates a perplexing double standard where these same family members could pursue non-economic damages in any wrongful death case except those involving medical negligence.
This veto essentially places healthcare industry concerns about costs and litigation above families' rights to accountability. Therefore, you should understand your legal standing under current Florida law before a medical emergency occurs. Undoubtedly, knowing your family's rights becomes crucial when navigating potential medical negligence situations.
Until legislation changes, Florida families will face this harsh reality: your ability to seek justice after a loved one's death remains severely limited if they're unmarried adults over 25 or parents of adult children. Although economic damages remain available, these rarely justify the expense of litigation, particularly for elderly or disabled victims. The fight for equal protection under Florida's wrongful death law certainly continues, but for now, the "free kill" provision remains firmly entrenched in state law.
FAQs
Q1. What is Florida's "Free Kill" law and why is it controversial? Florida's "Free Kill" law is a provision that prevents certain family members from seeking non-economic damages in medical malpractice wrongful death cases. It's controversial because it only applies to unmarried adults over 25 or parents of adult children, creating a unique limitation in medical negligence cases that doesn't exist for other types of wrongful death claims.
Q2. How did Governor DeSantis's veto of House Bill 6017 affect Florida families? The veto maintained existing legal barriers for families seeking accountability after medical negligence deaths. It means that adult children and parents of adult children still cannot pursue non-economic damages in medical malpractice cases, potentially leaving many valid claims unpursued due to financial constraints.
Q3. What were the main reasons given for vetoing the bill to change the wrongful death law? Governor DeSantis cited concerns about rising healthcare costs, fears of increased medical lawsuits, and the lack of caps on damages and attorney fees. He argued that repealing the existing provision could lead to higher costs for Floridians and reduced access to care, particularly in rural and aging communities.
Q4. Who can currently file a wrongful death lawsuit in Florida for medical malpractice? In Florida, wrongful death lawsuits for medical malpractice can be filed by spouses, minor children (under 25 years old), parents of minor children, and blood relatives or adoptive siblings who were dependent on the deceased. Adult children over 25 and parents of adult children are excluded from seeking non-economic damages in these cases.
Q5. How does Florida's wrongful death law differ from other states? Florida is unique in that it's the only state with a law that prevents certain family members from seeking non-economic damages specifically in medical malpractice wrongful death cases. This creates a situation where the same family members could pursue such damages in any other type of wrongful death case, but not in cases of medical negligence.
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