For the second year in a row, the Florida House voted to repeal the state’s so-called Free Kill law, and for the second year in a row the repeal did not become law. The measure cleared the House in January and then stalled in the Senate, where it died in March. For families who lost a parent or an adult child to medical negligence, the practical effect is that nothing has changed.
What the Restriction Actually Says
Florida’s Wrongful Death Act contains a significant restriction that applies only to medical negligence cases. Under Florida’s wrongful death statute, children of the deceased who are not under 25, and parents of a child who is not under 25 and unmarried, cannot recover non-economic damages when the death was caused by medical malpractice. This law, often referred to as Florida’s Free Kill law, is a sad and unfortunate reality for people who have lost loved ones due to malpractice, but fall within a legal protection that exists only for healthcare providers.
Non-economic damages cover grief, mental anguish, and the loss of a parent’s or child’s companionship. In many of these cases, that category is the bulk of what a family could otherwise recover. Remove it, and there may be very little left to pursue.
Where the Bill Ended Up
The repeal bill passed the House in January 2026 and was sent to the Senate, where it was referred to a single committee and never taken up. Its Senate companion met the same fate. The bill history published by the Florida Senate shows the final action as died in Rules on March 13, 2026. A closely similar measure had passed both chambers the previous year without taking effect.
Reporting on the House vote and the Senate’s silence is available from Florida Politics.
What Families Should Take From This
The restriction has been part of Florida law since 1990, and it remains in force today. A few points worth understanding are:
- The restriction applies to medical negligence deaths, not to car crash or premises cases
- It affects who may recover certain damages, not whether negligence occurred
- Economic losses may still be recoverable in some circumstances
- Surviving spouses and younger children are treated differently under the statute
- Whether a family falls inside or outside the restriction depends on facts that deserve a careful look
That last point matters more than some families may think. Marital status, the age of surviving children, and the identity of the personal representative can change the analysis. An Orlando, FL medical malpractice lawyer may read a family’s situation differently than a first pass at the statute would suggest.
Cases Against Florida Health Systems
We handle claims involving many of Florida’s largest health care systems, including:
- Adventist Health Systems
- Ascension Health
- Baptist Health
- BayCare Health System
- Cleveland Clinic Florida
- HCA Healthcare
- Orlando Health
Getting a Straight Answer About Your Family’s Situation
Families are often told, sometimes by the hospital itself, that no claim exists. That answer may be right. It may also be premature. An Orlando medical malpractice attorney can review the death certificate, the medical records, and the family structure before anyone decides the door is closed. Needle & Ellenberg, P.A. has recovered hundreds of millions of dollars for clients across all practice areas, and our fees are contingent. Reach out to our office if you want your family’s circumstances reviewed.