In a recent turn of events, efforts to repeal Florida's "Free Kill" law hit an impasse in the state senate. The proposed legislation sought to lift restrictions preventing certain family members from pursuing wrongful death lawsuits in instances of medical malpractice resulting in a patient's death. The "Free Kill" law, as it has come to be known, currently shields doctors and hospitals from accountability in some cases, specifically those involving single, childless adults and parents of adult children. According to WFTV, the vote was postponed after the Senate rejected a last-minute amendment.
The amendment in question, which aimed to cap non-economic damages in wrongful death cases at $1 million, was a crucial factor leading to the legislation stalling. Proponents of the repeal are understandably concerned about the future of the bill, which was intended to broaden the scope of who can hold medical practitioners accountable. As reported by WESH, the bill's sponsor, Republican Sen. Clay Yarborough, was forced to pull the bill from the Senate floor, leaving advocates of the repeal disappointed. Mary Jo Cain Reis, who has been campaigning tirelessly for the repeal since the death of her father due to medical negligence, expressed her frustration: "It's disappointing, it makes you sad because you feel the system is working, and then the plug gets pulled out or the air was let out, and now I'm flying around wondering what's going on here."
The bill's failure followed intense lobbying efforts, with Florida Phoenix reporting an influx of 80 lobbyist registrations. The contentious amendment, supported by Senate President Ben Albritton, was narrowly defeated by one vote. This procedural stumbling block has led many to believe that the bill may be dead for the current legislative session.
Opponents of the repeal, such as Randy Ray from Senior Consumers of America, argue that allowing additional lawsuits would only increase healthcare costs and medical malpractice premiums. Advocates, however, maintain that the issue transcends monetary considerations.
Although the future of the bill remains uncertain, the fight for its passage continues as families like those of Beth Young of Tallahassee seek justice. Following the death of her mother, whom she believes was a victim of medical negligence, Young is banned from filing a lawsuit due to the existing law. However, she insists on a broader perspective: "I just want all people to be able to get justice. It's about accountability, not even about the money," she stated, according to Florida Phoenix.
