Published in Medical Malpractice on June 18, 2025
Free Kill Law: Florida’s Unconventional Approach to Addressing Medical Liability Exposure
In late May, Florida Governor Ron DeSantis vetoed HB 6017, a bill that would have allowed the parents of deceased adult children and adult children of deceased parents to sue for noneconomic damages related to pain, suffering, and loss resulting from medical malpractice. Commonly referred to as “Free Kill Law,” the current 
Florida statue prohibits family members over the age of 25 from holding doctors liable for medical malpractice involving adult patients. Moreover, unmarried adult victims with no minor children adversely suffer under the Florida statute, as it blocks their parents from filing malpractice suits. While advocates claim that the statute keeps malpractice insurance costs low and retains Florida’s healthcare providers, critics argue that Free Kill Law shields negligent doctors from accountability and prioritizes cost-cutting over patient safety.
This provision is unique to Florida. Most other states—including Missouri—allow adult children and parents of adult children to sure for medical negligence. The Missouri Wrongful Death Statute permits a victim’s spouse, children, parents, and in some cases, siblings to purse a claim if a healthcare provider’s negligence results in an otherwise preventable death.
Many proponents of Florida’s Free Kill Law argue that the repeal would hinder physician recruitment and increase malpractice insurance costs. However, there is little evidence that such a repeal would drive doctors out of the state. Healthcare Brew reports that the Florida Department of Health’s 2024 physician workforce report found that while 3,000 doctors planned to relocate out of Florida in the next five years, only 1.3% cited malpractice insurance rates, and just 6.5% cited liability exposure as reasons for their departure.
Those advocating for the law’s repeal argue that malpractice insurance costs have continued to rise despite the statue. This trend is not isolated to the state of Florida. According to the American Medical Association, medical malpractice insurance premiums rose 2.5% nationwide from 2023 to 2024. During this period, 66.7% of liability premiums increased in Missouri, while 61.9% of premiums rose in Florida. The largest premium hike in Florida was 10.1%, compared to Missouri’s largest jump of 13.9%.
There is little evidence to support Florida lawmakers’ claim that repealing HB 6017 would drive doctors out of the state or further spike the state’s medical insurance premiums. Insurance rates are rising nationwide, and Florida’s unconventional approach does little to address the root of the issue. While most states attempt to manage insurance costs by placing caps on noneconomic damages, Florida instead places grieving families in the painful position of being unable to hold negligent providers accountable for their actions.
There are numerous advantages to filing medical malpractice claims in Missouri. Other states may try to limit damages, deterring victims of medical malpractice from filing a claim. Douglas, Haun, & Heidemann is here for you if you have a malpractice or wrongful death claim. The statute of limitations for medical malpractice in Missouri is two years, so don’t wait! Call us TODAY for a case evaluation.