by Christine Sexton, Florida Phoenix
May 29, 2025
The “free kill” repeal bill has been killed.
Gov. Ron DeSantis stuck to his promise and on Thursday vetoed legislation that would have eliminated a bar against parents of adult children and the adult children of single parents suing hospitals and physicians for non-economic damages for the deaths of loved ones.
“Whether the physician was perfect or whether the physician was not, if somebody doesn’t make it through that, you know, that is a tragedy in one form or another, and the loss for a family member, even in someone that’s an adult, an independent, at that point, is real. And I think everyone appreciates that,” the governor said during a news conference outside Lee Health in Fort Myers.
“I think the question, though, is what would this legislation do for costs of health care in Florida, access to care in Florida, and our ability to recruit and keep physicians,” DeSantis said.
Joining him were Florida Surgeon General Joseph Ladapo, Lee Health President Dr. Lawrence Antonucci, and a spate of others who supported the veto. Non-economic damages include pain-and-suffering. Plaintiffs can still recover economic damages, such as lost wages, medical bills, and funeral costs.
DeSantis said it was their collective opinion that “if this legislation would be enacted, it would lead to higher costs for Floridians, it would lead to less care for Floridians, and it would make it harder for us to keep, recruit, and maintain physicians in the state of Florida.”
While the veto drew support from a line of Tallahassee special-interest groups, it drew criticism from those who’ve been unable to fully win compensation for potential acts of medical malpractice.
The bill itself (HB 6017) passed overwhelmingly on bipartisans vote in the Republican-controlled Legislature — more than enough of a margin to sustain a veto override, which takes two-thirds majority, should it come to that.
DeSantis said the Legislature could win his support by including limits on non-economic damages in all medical malpractice lawsuits, plus caps on plaintiff attorney fees.
The Florida Senate previously voted by a razor thin, one-vote margin to reject limits on non-economic damages.
“That really hurts”
“I am aware that he’s probably spoken to the lobbyists, but I haven’t found a single family yet that he spoke to who this is actually affected. That really hurts, because those are the people that he should be speaking to,” Sabrina Davis told the Florida Phoenix.
Davis has dedicated considerable time and attention to trying to remove Florida’s non-economic damages ban after her father, Navy veteran Keith Davis, died from a blood clot after being admitted to a hospital for knee pain.
Davis successfully filed a complaint against the doctor with the Department of Health. The board found the doctor violated the standards of care and committed medical malpractice, hit him with a $7,500 fine, and made him take a continuing education course on blood clots.
Even if he had not vetoed the legislation, Davis would not be able to recover non-economic damages because the law wouldn’t have applied retroactively. But she went to every legislative committee meeting, every local delegation meeting, and scheduled as many one-on-one meetings with legislators as she could since her dad died in 2020.
When asked why, Davis reflected:
“Well, it gives me peace, because I know my dad took an oath to fight for our country’s freedom, no matter what it meant. And although he didn’t die on the battlefield, he did die by the very people that were supposed to protect him.
“And so, when I think about it, I’m reminded that my freedom was taken away after my dad died, and there’s a small part of me that thinks, when this law ends, I can say that I helped and I contributed it to it ending. Then that freedom my dad fought for in the Navy would not be in vain, and that I, through him, or him through I, helped restore the freedom that he once fought for. “
The governor said earlier this month that he planned to veto the bill. So while Davis is upset, she isn’t surprised.
Or alone.
Bill sponsor Rep. Dana Trabulsy wrote the governor Wednesday asking him not to veto the legislation.
“This entire conversation ultimately comes down to one word: justice. When a loved one dies due to admitted malpractice, and the law says their life has no legal value because they were an adult with no dependents —that’s not just a legal loophole, that’s a moral failing.
“It’s shameful. It should break the heart of every Floridian, including yours. Florida remains the only state in the nation where some lives are legally worthless. We are the only state that shields bad actors from accountability in such a sweeping way. Governor, this bill is about doing what’s right, not what’s easy,” Trabulsy, a Republican from Fort Pierce, wrote.
Florida Justice Association President Todd Michaels criticized the governor in a prepared statement.
“In a room filled with doctors, hospital executives, the insurance industry and other caps proponents, but not a single family or victim of medical negligence —the Governor called for caps in all medical malpractice cases, a clear signal that he prioritizes the financial interests of hospitals, doctors, and insurance companies over the lives and rights of everyday Floridians,” Michaels said. The FJA is the statewide association that represents trial attorneys.
The issue of justice, legal justice, you know, economic damages, noneconomic damages, there simply isn't enough justice to go around and have the system be able to stand up on its two feet.
– State Surgeon General Joseh Ladapo
Ladapo acknowledged not being versed in legal matters but said he had been researching different states’ policies when it comes to medical malpractice.
“The issue of justice, legal justice — you know, economic damages, noneconomic damages — there simply isn’t enough justice to go around and have the system be able to stand up on its two feet. It’s just not possible. And the correct, I mean the right thing, to do, just the wise thing to do in that situation, is to have caps,” he said.
“Frankly it’s insane to have a system with no caps on non-economic damages and expect for that system to continue to sustain itself and function as it was intended to function, which is to provide care for patients. That’s just not possible.”
The free-kill law has been in place for decades, having been signed by then-Gov. Lawton Chiles. The measure prevents parents of single, childless, adult children (25 and older) and adult children of single parents from suing hospitals and physicians fr non-economic damages if alleged malpractice resulted in death.
Florida has had no caps on pain and suffering awards in medical malpractice lawsuits since 2017, when the Florida Supreme Court ruled them unconstitutional. But the makeup of the court has changed since then, with the majority of the justices having been appointed by DeSantis.
The medical community is eager to put the rejuggled court to the test and, to that end, supported HB 6017 with the caveat that it include caps on non-economic damages in all medical malpractice lawsuits.
“Florida is in a medical negligence insurance crisis. Significantly expanding medical malpractice liability for the state’s physicians and hospitals without any guardrails, as HB 6017 would do if enacted into law, would be catastrophic for Florida’s healthcare system and the families that depend on it,” Florida Justice Reform Institute President William Large said in a written statement to the Florida Phoenix.
Large, who joined the governor at the press conference, said the legislation “proposed only to expand liability for our healthcare community without any safeguards to ensure that Florida’s healthcare system and residents do not suffer as a result. Gov. DeSantis courageously stood with our health care delivery heroes in vetoing this legislation.”
Large says a recent benchmark study conducted by Aon and the American Society for Health Care Risk Management determined that, although the frequency of hospital and physician professional liability or medical professional liability claims has remained relatively stable in recent years, the severity of claims — including indemnity and defense costs per claim — has been steadily increasing. For instance, 10% of claims closed in Florida in 2023 were in excess of $1 million, compared to 7.5% nationwide.
The increasing costs mean increasing medical malpractice premiums, he said. Citing the Medical Liability Monitor October 2024 survey, Large added that Florida has experienced a notable 4.7% increase in med-mal premiums, whereas the regional average increase was 2.1%.
For the FJA the caps are a non-starter.
“We’ve seen this playbook before. Medical malpractice caps disproportionally hurt Florida’s most vulnerable—grieving parents, the elderly, and women—slashing recoverable damages by up to 80% and reinforcing deep inequities in a system already stacked against them. We must not repeat the mistakes of the past by sacrificing the rights of vulnerable Floridians to appease the insurance industry’s scare tactics,” Michaels said. “Despite nearly 50 years of tort reform efforts, data shows that caps on damages have not improved physician supply, reduced premiums long-term, or enhanced quality of care. Instead, they impose new barriers to justice and devalue the lives of those harmed by medical negligence. Justice is not negotiable. We cannot ask grieving families to give up their rights or have a price tag put on the value of life in Florida. Floridians deserve better.”
YOU MAKE OUR WORK POSSIBLE.
This story has been updated to include comment from the Florida Justice Association.
Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: info@floridaphoenix.com.