The Florida Medical Rights Association says it is “very disappointed” that the Florida Senate has not advanced measures to overturn a law preventing families from filing malpractice claims.
“We live in a time where our nationwide landscape promotes equal rights among all persons of every color, religion and sexual orientation,” association chair Melody Page-McDonald said.
"Even more than ever, the movement for equal rights is growing and the facade of the pretenders is fading. I fail to see any valid reason that shows me why the Legislature is ‘OK’ with ignoring the fact that the wrongful death act singles out individuals who are most vulnerable to becoming victims of grossly negligent medical malpractice (the elderly and the disabled). There is absolutely nothing morally correct about keeping antiquated and despicable this law on Florida's books. The only concern and agenda being pressed by the opposition is fear of financial loss. This can be addressed in many other ways, it seems that all of the other states have figured it out.”
The "free kill law" states that only spouses and children can pursue damages in medical malpractice cases.
| Unsplash/Sasun Bughdaryan
Senate Bills 262 and 560 would have fully repealed the law.
Critics have dubbed it the “free kill law," section 768.21 in Florida statute. It states that only spouses and children can pursue damages in medical malpractice cases.
A report by WUFT said that the Senate Judiciary Committee recently postponed considering SB 262, which would have allowed parents of adult children to claim damages in lawsuits for malpractice. Another bill, SB 560, would have allowed adult children to sue for a parent’s death in a malpractice suit. No hearings or votes were scheduled.
According to the report by WUFT, the state Chamber of Commerce has said that the law helps keep malpractice insurance premiums affordable. However, critics have said the law “improperly shields negligent doctors.”
Page-McDonald said the issue critics have noted is that victims are being denied equal protection under the law.
“We keep asking for equality, and they keep responding with the financial concerns held by special interest groups on repeal,” Page-McDonald said. “The fact that some human lives are valued less than others is everything that is wrong with §768.21(8). This law is a complete embarrassment to the state that I love.”