Published by Island Insurance Group
Category: Medical Malpractice Insurance | Florida Legislation
Introduction
The Florida legislature is currently reviewing a game-changing proposal—House Bill 6017 (HB 6017)—that could dramatically reshape medical malpractice liability in the state. At the heart of this debate is the long-standing “Free Kill” law, which has, for decades, prevented certain family members from seeking non-economic damages—such as pain and suffering—in wrongful death cases caused by medical negligence.
If passed, this legislation could open the floodgates for a new wave of medical malpractice lawsuits, significantly increasing legal and financial exposure for healthcare providers. Now is the time for doctors, hospitals, and healthcare systems across Florida to reevaluate their risk management strategies and insurance coverage.
What Is Florida’s “Free Kill” Law?
Florida’s “Free Kill” statute has been in effect since 1990. Under this law, adult children over 25 and parents of deceased adult children cannot seek non-economic damages if their loved one dies as a result of medical negligence—unless the victim was married or had minor children. This means many grieving families are denied the right to seek emotional justice in court.
For example, if a 30-year-old single patient dies due to a medical error, their parents cannot sue for pain and suffering. Critics argue that this unjustly protects negligent medical providers from accountability while marginalizing the value of a person’s life based on their marital or parental status.
What Does HB 6017 Propose?
House Bill 6017 seeks to repeal the “Free Kill” provision, allowing parents of adult children and adult children of deceased parents to pursue non-economic damages in wrongful death medical malpractice cases. This bill aims to correct a legal gap that many view as outdated and discriminatory.
The bill was introduced by Representative Dana Trabulsy, who stated that no family should be told their loved one’s life doesn’t matter under the law. The proposed legislation would bring parity to the way wrongful death is handled in cases of medical negligence and provide families with the right to emotional justice.
Impact on Healthcare Providers
For healthcare providers, the passage of HB 6017 could significantly increase liability. More families would be eligible to sue for emotional damages, which may lead to a surge in medical malpractice claims. This could translate to higher insurance premiums and a heightened need for comprehensive malpractice insurance coverage.
Providers need to act now to prepare. Waiting until the legislation is passed could leave your practice vulnerable and underinsured.
What You Should Do Now
If you are a physician, practice manager, or hospital administrator in Florida, consider taking these proactive steps:
- Review your medical malpractice insurance policy to ensure it provides sufficient coverage for wrongful death cases involving non-economic damages.
- Consult with legal counsel to understand how this law, if enacted, will impact your practice.
- Strengthen internal protocols and patient safety practices to minimize risk exposure.
- Stay updated on the legislative process so you’re prepared to respond quickly.
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Why Work With Island Insurance Group?
At Island Insurance Group, we understand the complexities of medical malpractice coverage and legislative change. We work with healthcare professionals across Florida to ensure their insurance programs are prepared for evolving risks.
With HB 6017 potentially on the horizon, our goal is to help you stay protected, compliant, and confident in your coverage.
Contact Samuel Bennett Today
Don’t wait for legislation to pass before making important adjustments to your malpractice insurance.
Call Samuel Bennett at 954-804-8144 for a free consultation. He’ll help you review your current policy and provide guidance on securing coverage that meets the demands of a changing legal landscape.
Island Insurance Group – Your Partner in Risk Protection and Insurance Strategy.