Florida Medical Malpractice Lawsuit Bill May Remove Limits on Wrongful Death Claims

Gov. DeSantis has given no indications on whether he plans to sign the bill, which would repeal severe limits on damages available in Florida wrongful death lawsuits against medical providers.

Lawmakers in Florida voted last week to approve a bill that would remove arbitrary limits on financial compensation families can obtain in medical malpractice lawsuits that result in a wrongful death, eliminating what has come to be known as the “Free Kill Law”.

The bill, H.B. 6017, repeals a 1990 law that prevented people 25 years old and older from seeking non-economic damages for the pain and suffering family members went through due to a fatal medical mistake, severely limiting what they could recover. In addition, the law also prevented parents from seeking such damages after losing their child, if the child was 25 or older.

On Thursday, the Florida Senate voted 33-4 to pass the measure, which cleared the Florida House of Representatives in March. As a result, the bill will now go to Florida Governor Ron DeSantis’s desk for signature.

Supporters of the legislation say the 1990 law has prevented families from pursuing justice and holding Florida healthcare providers accountable for lethal mistakes that cost patients’ lives. They say those decisions should be left to a jury, who hears all the evidence of the case, instead of being subjected to an arbitrary law that denies them justice before they can even seek it.

Even with passage by both houses of the Florida legislature, the bill faces stiff opposition from the healthcare industry and other opponents, who claim it will lead to an increase in insurance premiums and cause doctors to move elsewhere, potentially causing healthcare provider shortages. In addition, they claim its approval may result in a “flood” of Florida medical malpractice lawsuits.

Opponents tried to add a $1 million cap on non-economic damages last week, but that addition was rejected in a narrow 19-18 vote.

To date, Governor DeSantis has not indicated whether he intends to sign the bill into law, or veto the legislation. However, he has championed reforms attempting to limit medical malpractice claims in the past.

Medical Malpractice Lawsuits

Medical malpractice occurs when a healthcare provider fails to meet established standards of care, leading to patient harm. These standards are professional norms that dictate the level and type of care that reasonably competent practitioners would provide under similar circumstances. Essentially, they serve as a benchmark for evaluating whether healthcare professionals have performed their duties with the necessary level of skill and care. 

Deviations from these standards can range from errors in diagnosis, treatment, aftercare or health management, each potentially resulting in adverse patient outcomes. Medical malpractice claims hinge on proving such deviations, demonstrating that they directly caused harm, which could have been avoided had the proper standards been followed.

One of the leading causes of medical malpractice lawsuits in the U.S. is misdiagnosis, with studies indicating that diagnostic errors can be linked to 800,000 U.S. deaths and disabilities each year.

Prior studies have also highlighted medical misdiagnosis lawsuits as being among the leading causes of malpractice payouts in the U.S., accounting for 35% of insurance claims.