Nearly every month, families contact our firm after losing a parent, child, or close relative due to suspected medical negligence. These calls are heartbreaking. And too often, we are forced to deliver devastating news: Florida law provides no legal remedy for their loss.
Florida has an outlier statute known as the “Free Kill” law—a rule so extreme that no other state in the country has anything like it. Under this law, families cannot recover damages for pain and suffering in a medical malpractice wrongful death case if the patient was an adult, unmarried, and had no minor children.
Even when the negligence is clear.
Even when the death was entirely preventable.
If the deceased was 25 or older, single, and childless, the law treats that life as having no legal value.
This is not a hypothetical problem. It affects real Florida families every year—parents who lose adult children, adult children who lose parents, and loved ones who are left without answers or accountability.
Momentum for Change—But an Uncertain Path
In January 2026, the Florida House of Representatives overwhelmingly passed HB 6003, a bill designed to repeal the Free Kill law. The legislation would restore the right of parents and adult children to pursue wrongful death claims when medical negligence causes a fatal outcome.
However, the bill’s future remains uncertain. Last year, Ron DeSantis vetoed similar legislation, citing concerns that repeal could increase medical malpractice insurance premiums.
That justification ignores the reality of Florida medical malpractice law.
Florida already imposes some of the most demanding requirements in the country before a medical malpractice case can even be filed. Families must complete an extensive pre-suit investigation and obtain sworn expert medical opinions confirming negligence. These safeguards are designed to prevent frivolous claims—and they already do.
A Law That Eliminates Accountability
The Free Kill law is dangerous because it eliminates accountability for an entire class of people based solely on marital or family status. Seniors. Veterans. Single adults. Parents without minor children.
Florida is the only state that denies families justice in this way.
At its core, this is also a moral issue. A life does not lose value because someone was unmarried or did not have young children. Parents who lose an adult child deserve answers. Families deserve transparency. And preventable medical errors should never be shielded by a legal loophole.
Why This Matters Now
Repealing the Free Kill law is not about punishing doctors. It is about restoring fairness, dignity, and accountability to Florida’s medical system. It is about reaffirming a basic principle: every life matters—at every stage.
As the legislative session continues, Floridians should pay close attention. Florida has a chance to correct a long-standing injustice.
It should not miss it.
At Hoffman, Larin & Agnetti, we have represented injured patients across South Florida for over 40 years. If you believe a medical error caused you harm, we’re here to review your case and guide you through the legal process.
If you or a loved one has been impacted by medical malpractice, contact us today for a confidential consultation.
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