Florida Legislature May Revive Malpractice Reform Bill
In May 2025, Florida Gov. Ron DeSantis vetoed HB 6017. This measure, which passed both houses of the Florida Legislature with overwhelming bipartisan support, would have expanded the scope of noneconomic damages available under the state’s wrongful death statute. A Florida House committee recently moved, however, to reintroduce the measure.
Repealing the “Free Kill” Loophole
Wrongful death is a special type of personal injury claim created by statute. When a victim dies due to the wrongful act of another, their estate can seek compensation from the wrongdoer through a wrongful death lawsuit. Under Florida’s current wrongful death statute, this compensation includes noneconomic damages suffered by the victim’s “survivors.” Noneconomic damages in this context includes a survivor’s pain and suffering as well as their loss of the victim’s companionship, protection, instruction, guidance, and other intangible services.
But a 1990 amendment to the Florida’s wrongful death statute created what critics have called the “Free Kill” loophole. Survivors in wrongful death cases include children of the victim. Before 1990, such children could only recover noneconomic damages in wrongful death cases if they were under the age of 25 when their parent died. Conversely, if a parent lost a child due to wrongful death, they could only recover non-economic damages if that child was under 25 when they died.
The 1990 amendment eliminated these age thresholds except in medical malpractice cases. In other words, let’s say that Heather is 26 years old. Her father dies in a car accident caused by a drunk driver. Under current Florida law, she could receive noneconomic damages in a wrongful death lawsuit filed against the drunk driver. But if Heather’s father died due to medical malpractice, such as a botched surgery, she would not be entitled to compensation because she is over 25.
Florida is the only state that currently imposes this type of age-related bar to seeking wrongful death damages exclusively in medical malpractice cases. HB 6017 proposed to eliminate the bar entirely. In vetoing the measure, however, Gov. DeSantis said allowing surviving adult family members to recover non-economic damages from negligent doctors would “impose costs on Floridians” without deterring malpractice. The governor said he would accept a bill that included “proper safeguards and reasonable caps” on damage awards, although his veto message did not offer any specifics.
For some reason, the Legislature did not attempt to override the governor’s veto. But in September 2025, Florida House members introduced a new bill, HB 6003, that effectively proposes the same repeal as HB 6017. The new bill passed a preliminary vote in the House Civil Justice & Claims Subcommittee on October 15, 2025, and is currently pending before the full House Judiciary Committee.
Contact a Miami Medical Malpractice Attorney Today
It is an unfortunate reality that medical malpractice victims, and their families, often need to jump through many extra legal hoops that other accident victims do not. If you have been injured due to a health care provider’s negligence and need legal advice from a qualified Miami medical malpractice attorney, contact Pita Weber Del Prado today at 305-670-2889 to schedule a free consultation.
Source:
flhouse.gov/Sections/Bills/billsdetail.aspx?BillId=82574
