Florida’s HB 6017: Hope for More Families Seeking Justice After Medical Malpractice

[email protected] | May 30, 2025 | Uncategorized

For more than three decades, Florida families have encountered a painful legal roadblock after losing a loved one to medical negligence. If your child was 25 or older, unmarried, and had no minor children, you had no right to seek pain and suffering damages for their wrongful death.

This legal loophole — known by critics as the “free kill” law — has left countless parents and adult children without justice, simply because of their loved one’s age or marital status.

But that could soon change.

With the recent passage of Florida House Bill 6017, lawmakers have taken a major step toward correcting what many have long called an unjust and harmful exception in the state’s wrongful death statute.

If signed into law by Governor Ron DeSantis, HB 6017 will allow many more grieving families to hold negligent healthcare providers accountable in court, not just for medical costs and lost wages, but for their personal pain, loss, and suffering.

Here we will look at what HB 6017 will change and how it may help South Florida families regain a voice in the legal system when medical malpractice takes the life of someone they love.

Florida’s “Free Kill” Law: A Barrier to Accountability

Before we dive into what HB 6017 changes, let’s look at Florida’s current law and why so many call it a “free kill.”

What the Current Law Says

Florida’s Wrongful Death Act, under Fla. Stat. § 768.21, outlines who may recover damages when a loved one dies because of another’s negligence. While most wrongful death claims allow surviving parents or children to pursue compensation, medical malpractice cases are treated differently.

Under current law:

Parents cannot sue for pain and suffering if their adult child (age 25 or older) dies due to medical negligence and was unmarried with no children under 25.

Adult children also cannot recover non-economic damages if their parent dies under similar conditions.

That means if you’re a parent who lost your 30-year-old son to a preventable medical error, you likely cannot pursue any form of personal, non-economic damages, even if the loss left you shattered. You may not be able to recover anything for your suffering or loss of companionship.

The law was originally passed in 1990 based on concerns that expanding liability in medical malpractice cases would drive up insurance premiums and push doctors out of the state. However, critics say those fears were overstated, and the result has been a law that denies justice to the very people who need it most.

What HB 6017 Would Change

HB 6017 proposes a clean repeal of the special exemption in Florida’s medical malpractice laws that prevents certain family members from recovering non-economic damages in wrongful death cases.

What the Bill Does

Deletes the language that bars parents of adult children (age 25 and older) and adult children of deceased parents from suing for pain and suffering when medical malpractice causes death.

Aligns medical malpractice wrongful death claims with the general rules that apply to other types of wrongful death claims in Florida.

In short, HB 6017 removes the discriminatory barriers that have long existed for certain grieving family members, finally giving them a chance to hold negligent healthcare providers financially accountable in the same way others already can.

What the Bill Does Not Do

It does not add new punitive damages or expand who can file a wrongful death claim beyond existing family categories.

It does not create any new legal rights for plaintiffs outside of removing the unjust exemption.

It does not include a cap on pain and suffering damages. Lawmakers debated a $1 million cap, but it was ultimately rejected before final passage.

This is a focused bill. Its sole aim is to eliminate a restriction that has long left many families without a path to seek justice in Florida courts.

The Long Road to Repeal

This reform effort is not new. For years, advocates, grieving families, and medical malpractice attorneys across Florida have been calling for change.

A Pattern of Injustice

The pain caused by the “free kill” law isn’t just theoretical. It has real-world consequences. Families across Florida have testified about losing loved ones due to avoidable errors and then being told there’s no legal recourse.

One mother, whose 25-year-old daughter died after what she describes as negligent care in a Florida hospital, learned only after the fact that she was barred from suing because of her daughter’s age and lack of dependents. “My child is a free kill,” she told lawmakers.

An adult daughter, who buried her mother in 2023, was likewise blocked from pursuing a claim and has since become a vocal supporter of HB 6017.

A grown child of a 70-year-old woman who died during a routine hip surgery described the injustice she experienced when no lawsuit was possible due to the outdated statute.

Legislative Battles and Shifting Sentiment

For decades, efforts to repeal this provision have failed, often killed in committee or stripped of substance. But in 2025, the momentum finally shifted.

The Florida House passed HB 6017 by a vote of 104–6.

The Senate followed with a 33–4 vote, demonstrating rare bipartisan consensus in favor of repeal.

Advocates flooded the Capitol with personal stories and public pressure, including social media campaigns, petitions, and community outreach.

Key supporters referred to the current law as “unjust” and “inhumane,” framing the repeal not as a political issue, but as a moral one. Some lawmakers pushed for a $1 million cap on non-economic damages. But that amendment failed, and the bill ultimately moved forward as a clean repeal.

Why This Matters Now

One reason the bill finally gained traction in 2025 may be the realization that medical malpractice insurance rates in Florida have remained high, even with the “free kill” exemption in place. That undermines the original justification for the restriction and has led many to reconsider its validity.

As Sen. Jason Pizzo pointed out on the Senate floor, “There isn’t a special category or line of insurance on the med-mal side that covers doctors who treat people with only adult children.” In other words, lifting this exemption is unlikely to change insurance premiums in any significant way.

What Does HB 6017 Mean for South Florida Families?

For families in Boca Raton, Fort Lauderdale, West Palm Beach, and across Florida, the repeal of the “free kill” law could be life-changing. If signed by the governor, HB 6017 would give many parents and adult children the first real opportunity in decades to seek compensation for the emotional toll of medical malpractice.

This is more than a legal reform — it’s a recognition that every life has value, regardless of marital status or age. If a negligent act causes the death of someone you love, you should have the right to stand up in court and be heard.

Why Pain and Suffering Matters in Wrongful Death Cases

Anyone who has lost a loved one knows that deep, inconsolable grief lingers for years, perhaps even permanently. It can affect every aspect of your life and thrust you into financial hardship. The suffering is compounded knowing that your loved one died needlessly because of someone else’s negligence.

In wrongful death law, pain and suffering are non-economic damages that acknowledge the emotional weight of losing a loved one. These damages don’t cover tangible losses such as lost income or hospital bills. Instead, they recognize the intangible but equally devastating effects that come with the loss of companionship, emotional support, and the joy of shared life experiences.

Who Benefits from the Change?

The new law would directly benefit:

Parents of deceased adult children who were 25 or older, unmarried, and childless
Adult children of deceased parents who were unmarried with no dependents

For decades, these family members were left not only with the trauma of a loss but also without any legal recourse. HB 6017 restores their ability to pursue justice and healing through the civil court system.

Comparing Old vs. New: How the Law Is Changing

Here’s a quick comparison that highlights the shift HB 6017 brings to Florida’s wrongful death laws in medical malpractice cases:

Scenario	Current Law	After HB 6017
Parent of a 30-year-old son who died from surgical error	Cannot recover pain and suffering damages	Can recover pain and suffering damages
An adult daughter whose 60-year-old father died due to negligent hospital care	Cannot recover pain and suffering damages	Can recover pain and suffering damages
Surviving spouse of a 50-year-old man who died from misdiagnosis	Can recover pain and suffering damages	No change – already allowed
Parent of a minor child who died due to malpractice	Can recover pain and suffering damages	No change – already allowed

Will HB 6017 Lead to More Lawsuits or Higher Costs?

Opponents of HB 6017 have voiced concerns about the potential impact on medical malpractice insurance premiums and health care availability:

The Argument Against Repeal

Critics of the bill have argued that:

Removing the exemption will lead to more lawsuits
Insurance premiums could rise
Doctors might choose to practice in other states
Florida would be unable to attract doctors to the state

These concerns echo the rationale used back in 1990 when the “free kill” provision was created.

The Rebuttal: Data Doesn’t Back Up the Fears

Supporters of the bill point out that:

Florida’s medical malpractice insurance rates have remained high despite the exemption, suggesting the current law didn’t accomplish its intended goal.

The number of new cases expected to arise under HB 6017 is relatively small.

Emotional testimony from families shows the harm of keeping the law far outweighs the financial risk.

Sen. Jason Pizzo emphasized that repealing the law would have a minimal impact on premiums and that physicians already carry broad malpractice insurance policies. “There isn’t a separate rate for treating people whose family members can’t sue,” he said.

The Emotional and Moral Dimensions

For many families, this isn’t about money. It’s about recognition and being heard in court.

One Florida mother whose daughter died due to hospital negligence has fought for years to change the law. She knows she won’t benefit from the repeal but wants no other family to face the same injustice.

She has publicly acknowledged that the bill wouldn’t help them in any way but to honor their loved ones whose lives were cut short by medical error.

What Should You Do If You’ve Lost a Loved One to Medical Malpractice?

If HB 6017 becomes law, it will take effect on July 1, 2025. While your legal options may soon expand, you may still have questions, especially if you were previously told you had no claim due to your family member’s age or marital status.

At Hollander Law Firm Accident Injury Lawyers, we know that the days and months after a tragedy are confusing, painful, and overwhelming. If your loved one died due to suspected medical negligence, we’re here to offer clarity and support.

We can help you:

Determine whether the new law applies to your case
Review medical records and investigate what happened
Calculate potential damages and explain your rights
Handle every step of the legal process so you can focus on healing

We have decades of experience handling complex medical malpractice cases across South Florida, and we give every case the personal attention it deserves. Founding attorney Gregg Hollander personally evaluates each case we take on. You won’t get shuffled between staff or passed around. With us, your case matters.

Talk to a South Florida Medical Malpractice Lawyer Today

The repeal of Florida’s “free kill” law represents a powerful shift in how the legal system treats grieving families and a long-overdue recognition that the lives of all people matter equally under the law.

If you’ve lost a parent, child, or family member due to negligent medical care, you don’t have to wonder if the law will ignore your loss.

At Hollander Law Firm Accident Injury Lawyers, our wrongful death attorneys are ready to help you find justice and solutions. While nothing can replace the loss of your loved one, full and fair compensation can give you the resources and space you need to grieve and rebuild your life.
We serve clients across Boca Raton, Fort Lauderdale, and West Palm Beach and throughout South Florida. We’re available 24/7 to take your call. Call us today at (561) 677-2795 or contact us online for a free consultation.