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DeSantis vetoes repeal of Florida’s ‘free kill’ medical malpractice law

He cited concerns that uncapped noneconomic awards would fuel litigation, drive up premiums, risk physician departures.

Overview

  • Gov. Ron DeSantis vetoed the repeal bill on May 29 due to the absence of caps on pain and suffering awards.
  • The 1990 ‘free kill’ statute bars unmarried adult children over 25 and surviving parents from seeking noneconomic damages in wrongful death malpractice suits, limiting recoveries to economic losses.
  • Florida’s House approved the repeal 104-6 and the Senate cleared it 33-4 after legislators heard testimonies from grief-stricken families.
  • Lawmakers may seek an override when the session resumes, and if unsuccessful repeal advocates plan to renew lobbying efforts during the next legislative session.
  • Reform advocates say family lawsuits are essential for accountability; opponents contend uncapped awards will spur litigation, raise insurance costs and worsen doctor shortages.