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A bill that would repeal a decades-old law over who can sue for medical malpractice deaths has passed its last committee in the Senate.
TALLAHASSEE, Fla. — An effort to repeal Florida’s so-called “Free Kill” law is a step closer to becoming reality. Right now, the law prohibits any lawsuits for medical malpractice deaths involving anyone over the age of 25 who isn’t married and doesn’t have young children. Today in Tallahassee, the House voted 104-6 to repeal the law. Meanwhile, the senate’s bill — SB-734, sponsored by Sen. Yarborough — to repeal it made its last committee stop, but not without some challenges.
Some late-filed amendments would have expanded what kind of documents about health care providers could be admissible in court, including a Department of Health investigation, disciplinary action and adverse medical action reports. It would have also allowed liability insurers to be joined in the lawsuit. However, those hose amendments did not pass.
Lawmakers ultimately wanted the bill to keep resembling the one that’s being heard in the House. Families, including many from the Bay Area, say they just want the ability to hold doctors accountable. Sabrina Davis is the daughter of a veteran who died in a Bay Area hospital.
“I am the only person I know who has a Florida Department of Health finding that the doctor worked below the standard of care and committed medical malpractice,” Davis told the committee.
Karen Aguilar’s father died in a Pasco County hospital. Her father would have turned 88 years old on Thursday.
“I would have never imagined that I would take my father to the ER for minor back pain and four days later, I would be holding his hand as I hear his last heartbeat and watch him take his last breath,” Aguilar said.
Under the “Free Kill” law, neither of them was allowed to sue for medical malpractice.
Attorneys representing healthcare providers say repealing the law would create more medical malpractice lawsuits.
Tampa attorney Andy Bolin testified that he’s opposed to Yarborough’s bill because there are no caps in place for how much money a doctor could be sued over. He supported a bill last year that would have provided caps.
“We’re infusing hundreds of new lawsuits into the system and giving hundreds of new chances for runaway verdicts,” Bolin said.