The Florida Wrongful Death Act also known as "Florida's Free Kill Law" protects doctors and psychiatrist from medical malpractice. If a doctor’s malpractice causes the death of an adult child (age 25 or older) and the adult child leaves no other survivors, the surviving parents cannot bring a lawsuit for mental pain and suffering. Anyone age 25 or older, not have a spouse or child, is at increased risk of malpractice. Patients need to know of this limited protection.
Florida’s Wrongful Death Act (Florida Statutes 768.16-768.26) makes it difficult, if not impossible, to sue medical providers. Medical errors go unaccounted for. The inability to file a lawsuit makes it difficult to file complaint with the Florida Health Department. Bad doctors and psychiatrists are not easily identified.
People seeking medical treatment in Florida have limited protection under the law. Patients may want to seek another medical provider who is not shielded by the Florida Wrongful Death Act.
Medical error is currently listed by the National Institutes of Health (NIH) as the 3rd leading cause of death in America. 53 percent of Floridians (more than half of the voting population) are unmarried adults. 53% of Florida citizens are denied access to a court of law due to the Wrongful Death Act.
Only Florida has such an unjust law. All other states allow family members the right to file a grievance in court when wrongful death by medical error occurs. This unfair Florida law gives doctors and psychiatrists an exemption that shuts out claims for medical malpractice. Doctors that cause the death of their patients should be fully responsible for their actions.
Over 40,000 people have collectively signed petitions to have the Florida Wrongful Death statute changed. Please see: https://www.dadsdaisies.org/fl-death-news