Is Florida Closer to Ending Its ‘Free Kill Law’?

For more than three decades, Florida has stood apart from the rest of the country by imposing a unique restriction on its medical malpractice statute. Known by critics as the “free kill law,” this provision prevents certain family members from recovering non-economic damages—such as pain, suffering, or loss of companionship—when an unmarried adult without minor children dies due to medical negligence. Despite years of lobbying and repeated attempts to repeal it, the law remains in force as of late 2025.

The Law’s Origins

The restriction was added in 1990, justified at the time as a way to control malpractice insurance costs and prevent physicians from leaving Florida. Under the statute, parents of adult children aged 26 or older, and adult children of unmarried adults without minor children, have no legal standing to seek non-economic damages in malpractice-related wrongful death cases. Families could still pursue economic damages, such as medical bills or lost income, but emotional and relational losses were excluded.

Critics argued that this carve-out arbitrarily devalued certain lives based solely on marital or parental status, creating a two-tiered system of justice.

Legislative Push in 2025

Momentum to repeal the law grew in early 2025. House Bill 6017 advanced quickly through the Legislature, passing the House with overwhelming bipartisan support and clearing the Senate with a 33-4 vote. Supporters hailed it as a long-overdue correction to an unjust policy.

However, in May 2025, Governor Ron DeSantis vetoed the bill. He argued that eliminating the restriction without adding safeguards—such as caps on damages or limits on attorney fees—could drive up insurance premiums and worsen physician shortages in high-risk specialties. The veto reignited controversy and left families disappointed once again.

Renewed Efforts in the Fall

In October 2025, lawmakers reintroduced the proposal as House Bill 6003. The measure advanced through committees, reflecting continued bipartisan support and sustained public pressure. This stage of the debate became known as part of the free kill law change effort in Florida. Yet, by the end of 2025, the bill had not been signed into law. The governor’s concerns about litigation costs and healthcare access remain a central obstacle.

Supporters and Opponents

• Supporters of repeal argue that the current law treats some deaths as legally inconsequential. Families often pursue such cases not only for compensation but also for accountability and external review of preventable medical failures. For them, repeal represents recognition that all lives have value, regardless of family status.
• Opponents, including healthcare organizations and insurers, warn that eliminating the exception could increase the volume and size of malpractice claims, driving up insurance premiums and exacerbating provider shortages. They continue to push for damage caps as a compromise.

The Human Impact

Beyond legislative debates, the law carries profound meaning for families. Many Floridians have shared personal stories of losing loved ones to medical negligence, only to discover they had no legal recourse. Parents described the pain of being told their child’s death was a “free kill” under the law. Adult children recounted similar experiences when a parent died due to preventable medical errors. These testimonies underscore the human cost of the restriction and fuel ongoing calls for reform.

Looking Ahead

As of December 2025, Florida remains the only state with this type of restriction in place. The free kill law continues to bar certain families from seeking non-economic damages in malpractice wrongful death cases. While legislative momentum is strong, the governor’s veto and insistence on additional safeguards mean that repeal is not yet a reality.

Observers expect the debate to continue into 2026, with courts, lawmakers, and advocacy groups shaping the next phase of Florida’s malpractice landscape. The balance between protecting healthcare providers from excessive litigation and ensuring justice for victims of medical negligence remains unresolved.