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DeSantis vetoes repeal of Florida’s ‘free kill’ medical malpractice law

He cited concerns that uncapped noneconomic awards would fuel litigation, drive up premiums, risk physician departures.

Florida Gov. Ron DeSantis speaks during a public event where he announced he would sign a bill banning the use of fluoride in public water systems, Tuesday, May 6, 2025, in Miami.
A billboard reads: "END THE FLORIDA FREE KILL LAW; REPEAL STATUTE 768.21(8); EndTheFloridaFreeKillLaw.US; PAID FOR BY MARY JO CAIN REIS,” near the intersection of South Semoran Boulevard & Gatlin Avenue in Orlando, on Thursday, November 2, 2023. (Ricardo Ramirez Buxeda/ Orlando Sentinel)
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Overview

  • Gov. Ron DeSantis vetoed the repeal bill on May 29 due to the absence of caps on pain and suffering awards.
  • The 1990 ‘free kill’ statute bars unmarried adult children over 25 and surviving parents from seeking noneconomic damages in wrongful death malpractice suits, limiting recoveries to economic losses.
  • Florida’s House approved the repeal 104-6 and the Senate cleared it 33-4 after legislators heard testimonies from grief-stricken families.
  • Lawmakers may seek an override when the session resumes, and if unsuccessful repeal advocates plan to renew lobbying efforts during the next legislative session.
  • Reform advocates say family lawsuits are essential for accountability; opponents contend uncapped awards will spur litigation, raise insurance costs and worsen doctor shortages.