‘Free kill’ fix moves forward in Senate as survivors argue for medical malpractice reform
‘Free kill’ fix moves forward in Senate as survivors argue for medical malpractice reform
A.G. Gancarski – March 18, 2025
Sen. Clay Yarborough’s proposal to fix a long-standing gap in state law that penalizes certain survivors of deaths at the hands of negligent doctors continues to move.
The Appropriations Committee on Health and Human Services is the latest panel to advance SB 734, which Yarborough calls a “clean repeal” of state statute — 768.21(8) — prohibiting adult children and their parents from collecting negligence and non-economic “pain and suffering” damages for medical malpractice.
Yarborough says the current state of play “singled out a narrow group of survivors who cannot recover non-economic damages in the case of a wrongful death due to medical negligence, even though the same damages can be recovered by survivors for a wrongful death that is caused by all other forms of negligence.”
Florida is the only state in the nation with the restriction on its books. Lawmakers passed it in 1990 when the state was trying to rein in increasing medical malpractice costs and attract more doctors to the state.
Yarborough stressed that most doctors do a good job.
“This is in no way a knock against the medical profession or anyone in it because Florida has some of the best health care providers and institutions in the country and beyond. I do not have a statistic to quote, but I will venture to say, we likely have a low single-digit percentage of those in Florida’s health care community that have issues with malpractice or negligence,” Yarborough said, framing his bill as being about “accountability” and “the value of life.”
More than two dozen speakers showed up with passionate cases for or against the legislation.
Opponents made the case that medical malpractice insurance has gotten more expensive and more difficult to procure in the last few years, so the pool of claimants should be expanded.
Tallahassee Memorial Hospital’s Judy Davis, a risk manager, said that “bad, unfortunate outcomes” do happen, but only 1 in 4 of them involve “some degree of negligence.”
“When physicians and hospitals have to pay large sums of money, it does reflect in higher insurance premiums,” Davis said.
Andy Bolin of the Florida Justice Civil Reform Institute said his clients “face the highest medical malpractice premiums” in the U.S. He argued that “infusing” new cases into the system would make that problem worse, and suggested that if the bill must go forward, damages need to be capped.
Associated Industries of Florida’s Adam Basford urged lawmakers to take a “holistic” view of the problem and “mitigate” the impact on providers.
The Florida Chamber’s Carolyn Johnson warned that the bill would increase litigation, insurance rates and health care costs, while decreasing access to care.
Proponents argued that survivors need the opportunity for compensation without caps.
Some told their personal stories of treatment deferred with horrible consequences and no recourse, while their advocates made the larger case for change.
AARP’s Karen Murillo said current law discriminates against older adults, arguing that people are being deprived of justice and rejecting the idea that this class of claimants should be held responsible for reducing liability for medical providers.
Ethan Perez described maltreatment for his grandfather that included injection with hydrogen peroxide, which an autopsy deemed to be “homicide,” but which was protected under current law.
“Civil lawsuits have an opportunity to reveal criminal wrongdoing,” Perez said, adding that his family is “being left without justice” due to the current “inhumane and barbaric” free kill law.
Lauren Korienko said her mother was found dead in a hospital bed, “covered with blood” after a minor surgery because medical professionals let her bleed to death over the course of 24 hours and succumb to septic shock. Her family was aghast to find they lacked recourse and protection under state law that makes Florida a “sanctuary for medical malpractice.”
Darcy McGill, another person who buried her mother after maltreatment, called Florida’s “free kill” law the state’s “dirty little secret.”
“I’ve yet to hear one good reason why my life is less valuable because I’m married and without children,” McGill said.
After the testimony, Senators diverged on whether the bill could work ahead of the bill moving forward.
Republican Sen. Gayle Harrell said the right move wasn’t this bill, but was to empower the Board of Medicine.
Republican Sen. Jason Brodeur said other states had these provisions without caps, so Florida should as well.
Democrat Sen. Darryl Rouson said the passage of the bill would be a “milestone moment” for people without recourse until now.
