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In Florida, if you die of medical negligence and you’re not married, have no children under the age of 25, and are over the age of 25, your loved ones can’t sue.
JACKSONVILLE, Fla. — It’s a law that’s been on the books in Florida since 1990. Many families have never heard of it until they try to sue for medical negligence after their loved one dies. In Florida if you are over the age of 25, not married and have no children under the age of 25, your loved ones are barred from suing for medical negligence.
It’s sometimes called the “Free Kill” law.
Sabrina Davis learned about the law after she lost her father, Keith Davis, to medical negligence in 2020.
“I hope to bring the change that is so much needed for the state of Florida, anyone visiting Florida, and this is the change that we need,” Davis said. “This is such an outdated law, and I am honored to have the people who are on board to help restore our rights…They should have not ever been taken away.”
Tuesday a second bill bearing her father’s name was filed. Senate Bill 616 filed by Republican Jonathan Martin and House Bill 25 filed by Democrats Johanna Lopez and Anna Eskamani are called the Keith Davis Family Protection Act. They would remove a provision that prohibits adult children and parents of adult children from recovering certain damages in medical negligence suits.
“I am so honored to have my dad’s name on it. Definitely not something I ever expected, but I also know in my heart that my dad is not the only one. There are so many other people out there who have succumbed and fall into the same category. So, when I’m fighting, I know I’m not alone,” Davis said.
A third bill, House Bill 6017, has also been filed by Republican Dana Trabulsy to remove the provision, and Republican State Sen. Clay Yarborough who plans to file a bill addressing this topic says getting this law repealed is one of his top priorities this year.
“I’m feeling really hopeful and positive about everything,” David said.
The Florida legislative session is set to begin March 4, 2025.