Florida House Passes Fetal Wrongful-Death Bill and Repeal of ‘Free Kill’ Malpractice Limit

Senate action remains uncertain, with last year's veto signaling possible resistance.

Overview

HB 289 passed 76-34 to expand the Wrongful Death Act to cover fetuses at any stage, with language shielding mothers from being sued.
Supporters frame HB 289 as a way for grieving parents to seek damages after tragedies, while opponents warn it could be used against abortion-related care.
Planned Parenthood Florida Action called HB 289 dangerous and warned it could pave the way to defining embryos as legal persons.
HB 289’s Senate companion, sponsored by Sen. Erin Grall, has cleared one committee and still requires additional stops before a floor vote.
HB 6003 passed 88-17 to repeal the ‘free kill’ restriction on noneconomic damages in certain medical wrongful-death cases, but it lacks a Senate sponsor and mirrors a version Gov. Ron DeSantis vetoed last year, with hospitals and insurers warning of higher liability costs.