Florida Governor Ron DeSantis vetoed a measure that would have changed the law in this state to close a loophole that many have long thought unfairly favors doctors and those that insure them.
The bill the governor vetoed would have amended Florida’s Wrongful Death Act to repeal a section enacted decades ago as part of an effort at that time to curb what lawmakers then saw as a crisis of rising medical costs.
The governor’s veto effectively kills the repeal measure for now since the Legislature does not have the votes to override the veto. However, DeSantis suggested in his veto message that he would have been open to a more limited version of the change.
For now, what those who advocated for the repeal call the “free kill” rule will remain. Basically, the law as written does not allow the parents of adult children or the surviving adult children of parents to claim noneconomic damages like mental pain and suffering as part of a wrongful death medical malpractice claim.
At least in theory, these family members can still get some recovery after the loss of a loved one, even if they cannot claim noneconomic damages.
However, in practice, many family members may get nothing beyond any medical bills they paid for their loved one out-of-pocket and the cost of a funeral.
One should note also that even as written, the “free kill” rule does not apply to minor children. For example, parents who lose their children to a preventable birth injury can recover for their pain and suffering.
Families who lose loved ones to malpractice still have options
Overall, the defeat of this repeal measure is being seen as a setback for those who are looking to ensure that victims of medical malpractice, including grieving family members, get the justice they deserve.
However, families do still have options available to recover compensation after a loved ones falls victim to medical malpractice and should make sure to explore those options.