Florida's "Free Kill" law refers to a controversial aspect of Florida's wrongful death statute. Specifically, it pertains to the limitations imposed on who can file a wrongful death lawsuit when the deceased person is an adult. Under Florida law, if a person dies due to medical malpractice and does not have a surviving spouse or minor children (under the age of 25), their surviving parents, adult children, or other relatives cannot pursue a wrongful death claim for non-economic damages such as pain and suffering.
The key points of the "Free Kill" law are:
- Surviving Spouse or Minor Children: Only the surviving spouse or minor children can recover non-economic damages (pain and suffering) in a medical malpractice wrongful death case.
- Adult Children and Parents: Adult children and parents of the deceased are barred from recovering non-economic damages in cases of medical malpractice.
- Economic Damages: The law still allows for the recovery of economic damages, such as medical bills and lost wages, but these are often significantly less impactful than non-economic damages.
This law effectively provides immunity to medical professionals and institutions when the deceased is an unmarried adult without minor children, as it limits the financial consequences they might face.
The term "Free Kill" is used to highlight the perceived injustice and to advocate for changes to the legislation.
You can reach Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
