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DeSantis Vetoes Repeal of ‘Free Kill’ Medical Malpractice Bill

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DeSantis Vetoes Repeal of ‘Free Kill’ Medical Malpractice Bill

Florida Gov. Ron DeSantis has vetoed a bill that would have restored some family members’ right to file suit after a loved one dies from medical negligence.

The Florida Legislature this year approved House Bill 6017 by wide margins. The bill would have repealed a 1990 law – unique to Florida – that bars unmarried adult children and their parents from recovering damages for medical malpractice. The 1990 law, written to help keep a lid on malpractice insurance costs, has been called the “free kill” law.

DeSantis said this week that the repeal bill lacked limits on damages, which would make it harder to recruit physicians to the Sunshine State. The Florida Justice Reform Institute agreed, noting in an email that while the legislation was proposed with good intent, without caps, the expansion will lead to increased litigation, skyrocketing claims and limited access for health care.

Supporters of HB 6017 said malpractice insurance costs have risen steadily in Florida in the 35 years since the 1990 law was passed, and the law is unfair to families seeking justice for negligence. Read more about the passage of the bill in early May. It’s unclear if lawmakers will try to override the governor’s veto. One of the lead sponsors of the bill, Rep. Clay Yarborough, told Florida Politics that he will not push for an override vote.

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