Florida Free Kill Law

How Doctors Can Escape Liability

Did you know that doctors can kill a patient and get away with it? Well, in Florida, doctors can get away with murder, and it happens more than you think. In the world of medical malpractice, Florida has what is commonly referred to as the "free kill law," which allows 

negligent doctors to escape liability.

Currently, as written, Fla. Stat. § 768.21 only allows a spouse or child under the age of 25 to pursue damages for pain and suffering in a medical malpractice lawsuit. This significantly limits those who can recover and the abilities of attorneys to help those seeking recovery.

For example, think of a grandma.

In this example, let’s say she is 82 years old, and grandpa has already passed. She is very close to her children and grandchildren. Her children are all in their 50's. She goes in for a minor surgery and faces serious complications due to a doctor's negligence. Shortly after, she passes because of the doctor's negligence. 

Your first reaction would be to pick up the phone, seeking legal counsel, demanding justice for grandma. In Florida, that’s not the case.

In this example, no one is able to sue for her pain and suffering nor can her children recover for their loss of a loved one. The children may be able to recover funeral costs, but any recovery would be minimal compared to the loss of a loved one.

In essence, due to the cost of maintaining a medical malpractice lawsuit, no attorney will take the case. 

Take a second example, Tim, a special needs adult, aged 30, living with his parents who take care of him. Like grandma, he goes in for a surgery and faces complications. He passes due to the doctor's negligence.

Just as in the previous example, his parents are unable to sue for pain and suffering or the loss of their son. 

Why? He’s their son. Any parent would expect someone to be held accountable, especially when the fatality should have been prevented.

Now, most doctors do the right thing and properly care for their patients. Most doctors are very responsible. However, the doctors who do not do right by their patients should be held accountable.

As Florida’s current statutes stand, let’s take a spouse or a child for example. They were harmed or passed away due to medical malpractice. The parent or spouse picks up a phone, calls for legal representation, and they hope to find an attorney to take their case.

They often get turned down by the giant law firms. Why? The case value might not be in the millions. There are so few attorneys even practicing medical malpractice in the state. And, the cherry on top of all the odds, it’s expensive.

You have to pay an expert, a medical professional, to outline the facts of the case, to show where the malpractice occurred. That’s before anything in the case can begin.

According to the Florida statutes, before a lawsuit is filed, the injured party must obtain an expert medical opinion saying that there was malpractice. 

Recently, the Florida legislature has several bills that would amend the statute.  HB129 and SB442 would remove the restrictions and allow anyone to sue. HB77 and SB310 would allow the parents of an adult child who dies due to medical malpractice to sue.

That’s a major win for the people. That would set the legal path for so many in seeking justice for themselves and their loved ones.

Currently, Florida is one of the only states that allows doctors to get away with killing, giving them immunity from suit. This bill would allow Floridians to sue doctors who kill as a result of malpractice. This bill would give patients and their families more power to advocate for justice.
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If you were injured due to a doctor's negligence, call Attorney Andrew Graves for a free evaluation of your medical malpractice case.