Heart-wrenching law leaves unmarried adults with no legal protection

If you are a parent of an unmarried adult child, Florida's law dubbed 'kill free' leaves getting legal help for medical malpractice off the table as an option. This Florida law needs to change.

In a tragic twist of fate, Florida remains the sole state that cruelly bars parents from seeking justice through medical malpractice lawsuits when their unmarried adult children fall victim to such negligence. A bipartisan effort, led by Senate Democratic Leader Lauren Book, Republican Rep. Mike Beltran, and Orlando Democratic Rep. Johanna López, is fervently working to amend this heart-wrenching law, aptly known as the "free kill" law.

These compassionate lawmakers have reintroduced twin bills (SB 442, HB 129), echoing their previous efforts, aiming to dismantle the unjust restrictions that inflict further pain on families grappling with the loss of adult children due to medical malpractice. Under the current law, grieving parents are denied the right to seek damages when their unwed adult children meet a tragic end, a legal void that adds a layer of anguish to their already shattered lives.

The proposed legislation, titled the "Keith Davis Family Protection Act," seeks to rectify this glaring injustice. Named after Keith Davis, a 62-year-old Navy veteran and father who succumbed to a pulmonary embolism, the bill intends to extend the right to seek damages to parents of unmarried adult children and the adult children of unmarried parents. Keith Davis' daughter, Sabrina Davis, shares a harrowing account of her father's death, underscoring the negligence that led to the fatal outcome.

The bill, if passed, would bring solace to families allowing them to pursue justice without the heart-wrenching hindrance of outdated legal restrictions. Sabrina Davis's struggle for justice, thwarted by the insensitive inquiry into her marital status and age, exemplifies the urgent need for reform.

In addition to the efforts led by Book, Beltran, and López, two other measures (SB 248 and HB 77) are poised to challenge the limitations imposed by the "free kill" law in the upcoming 2024 Session. Jacksonville Republican Sen. Clay Yarborough's SB 248 introduces a provision allowing medical malpractice lawsuits when probable cause is found, specifically for those over 25, unmarried, and childless under 25. North Fort Myers Republican Rep. Spencer Roach's HB 77 seeks to abolish the prohibition preventing parents of adult children from recovering certain damages.

As we confront the human toll exacted by Florida's callous "free kill" law, it becomes evident that legislative change is imperative. The yearning for justice from parents and adult children alike cannot be stifled any longer, and these bipartisan efforts stand as beacons of hope for a more compassionate legal landscape. The time has come to dismantle the barriers that deny grieving families the right to seek redress, aligning Florida with the rest of the nation and ensuring equal protection for all its citizens in the face of medical malpractice.

SB 442 - Effective Date: 7/1/2024
Last Action: 11/28/2023 Senate - Referred to Judiciary; Appropriations Committee on Health and Human Services; Rules