TALLAHASSEE, Fla. (WCTV/Gray Florida Capital Bureau) — Florida patients could soon have more legal power against doctors who make serious mistakes as lawmakers work to close the state’s so-called “Free Kill” loophole.
The issue has persisted despite Gov. Ron DeSantis vetoing similar legislation last spring. Currently, if a single adult dies from medical negligence, their adult children cannot sue, leaving families without legal recourse.
Beth Young’s mother, 66-year-old Deborah Linthicum, died in August 2023 after what should have been a routine one-night hospital stay. Instead, Linthicum spent a week in the hospital and never returned home.
“She just was a very kind person, and it’s heartbreaking that she’s not here because she had plenty of life left,” Young said.
Young believes medical malpractice contributed to her mother’s death, citing conflicting medical opinions. “One doctor said it was old blood she had prior to the procedure. Another said there was only new blood,” Young explained. “Having these conflicting reports showed me we need to look into this.”
Young did not pursue legal action because of Florida’s loophole. “It’s nothing about the jackpot justice or money. I’d rather have my mother, because she deserved quality of life,” she said.
Sabrina Davis, another Florida resident, has been advocating for years to repeal the loophole after her father, Keith, died following a misdiagnosis. The state fined the doctor, but Davis was unable to sue.
“I truly believe if I had the opportunity others have to hold the doctor accountable, maybe we could have a safer health care system,” Davis said.
On Wednesday, a House committee passed a bill aimed at closing the loophole. The legislation was sponsored by Rep. Dana Trabulsy, R-Fort Pierce.
“I don’t think it’s fair. Our families deserve justice for loved ones who were victims of medical malpractice,” Trabulsy said.
Opposition from Healthcare Industry
The healthcare industry opposed the bill, arguing it could worsen Florida’s doctor shortage. Surgeon Dr. Andrew Borom warned that the bill could disincentivize physicians from practicing in the state, saying, “If the legislature has such a low value for physicians and wants to disincentivize them from coming here, it doesn’t make sense to consider a bill like this.”
A similar bill passed last session but was vetoed by DeSantis because it did not include damage caps. The governor argued caps help prevent frivolous lawsuits by limiting attorney recovery.
Trabulsy defended her bill, noting that damage caps have been found unconstitutional, and that her version remains legally sound.
For Young, closing the loophole would help hundreds of Florida families facing similar tragedies.
“We want our families back. Nothing can give us justice for what we lost, but repealing this law for future victims would help,” she said.
The bill has not yet been filed in the Senate, though companion legislation is expected in the coming weeks. Florida remains the only state that restricts certain people from suing for wrongful death in medical malpractice cases.
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