An attempt to overturn a one-of-a-kind Florida law—known by some critics as “free kill”—has recharged debate over how to reduce medical malpractice premiums. Passed in 1990 as part of the state’s Wrongful Death Act, Florida Statute 768.21 says only a legal spouse or child under 25 can sue for pain and suffering damages if an adult 25 or older dies due to medical malpractice. That means if a childless and unmarried person dies, their unwed partner and family members couldn’t sue for pain and suffering on their behalf. On May 1, the state Senate passed a reform in a 33–4 vote (HB 6017) that would undo this limitation, allowing parents to file a wrongful death suit on behalf of their adult children as well as adult children to sue on behalf of their parents if the deceased was unmarried. Then on May 29, Gov. Ron DeSantis vetoed the reform, saying repealing the statute would bring “unpredictable liability” and incentivize “unmeritorious claims.” Though it’s not necessarily a done deal yet, experts say.—CC |