Florida needs to abolish the “free killing” law

You may have read about what is known as the Florida “free kill” method. This is a strange law that exists only in Florida.

Essentially, even if you can prove that your healthcare provider’s faulty behavior has killed an adult member of your family, you will not be able to complain of pain or suffering unless your dead family has a spouse or minor child.

In other words, the lives of single Floridas, including widows and widows, and those over the age of 25 who are not yet married, are not worth much here. The law essentially announces George Orwell’s satirical declaration that all animals are equal, but some are more equal than others.

If you know nothing else about this law, it should be the bright red flag that Florida is the only state to protect this special practitioner.

Well, after decades of criticism, there’s momentum to change it. The repeal bill has already cleared this legislative meeting with broad bipartisan support to several committees.

But first, it is worth understanding how Florida ends with such laws. That is, because Florida lawmakers systematically strip you of your right to sue the wrong company.

You’ve seen it before. These days, GOP lawmakers work with insurance lobbyists to try and make you rigid from the interests you are clearly entitled to.

The rationale for stripping you of your right to chase bad actors is usually the same. Companies should not be troubled by frivolous lawsuits. They cut costs for everyone.

But these laws deprive everyone of access to the court, not just frivolous filers. And the discussion of consumer savings is usually a bunch of trickle-down fiction. It was shot for the ninth quarter in a row shortly after Florida’s so-called insurance “reform.” And “Free Kill” critics say Florida has never seen the benefits promised by healthcare lobbyists in exchange for protecting negligent doctors and hospitals from lawsuits.

South Florida Republican Rep. Hillary Cassell was lit up by healthcare lobbyists last week when he made another suspicious claim, suggesting that repealing the law would simply enrich estranged families looking for cash. Kassel said the head of the Florida Institute of Justice Reform, created by the Florida Chamber of Commerce, did not have “one ounce of data to support it,” called “scary tactics.”

But Florida’s business lobby isn’t just trying to scare lawmakers. They also threaten them.

In 2021, the Florida Chamber of Commerce warned that lawmakers who voted in favor of repealing the “free kill” law that year would vote to double weight negatively on the Chamber of Commerce annual “How to Vote” report card, according to Tampa TV stations. (Report cards allow business lobbyists to let you know which politicians follow their orders, and as a result deserve approval and campaign checks.)

The Chamber of Commerce uses this double counting strategy when they know they are on the wrong side of public opinion and need to put extra pressure on them. Last year, when he pressured lawmakers to make it illegal for outdoor workers to pass laws that guarantee their rights like shade and water on frenzy hot days.

Historically, heavy lobbying tactics have been effective for both parties. After all, Democrats managed Florida in 1990 when the “free kill” clause was enacted. But this year, both parties seem poised to be pushed back, perhaps due to the stack of terror stories. Or the son who died after a daily hospital visit.

This year’s measure to repeal HB 6017, Florida’s “free kill” clause, passed the committee by votes along the 20-1 line. Local sponsors include Democrat Johanna Lopez, with co-sponsors from Republican Susan Placencia and Democrat Anna Escamani.

Lawmakers were moved by stories they heard from people like Mary Joe Cain Reiss. He says his father died of medical negligence. “These bad doctors and medical personnel continue to kill people and can’t move on,” said Reis, who set up a sign in central Florida. “We need to be accountable.”

In theory, the state has other accountability measures for medical negligence. Families can still sue financial damages. However, complaints to the state are often ignored or slowed down. A 2018 investigation by the South Florida Sun Sentinel found that the Florida system was slow to punish doctors and could quickly resolve charges without accepting liability.

Certainly some doctors make serious mistakes. Some have been unfairly accused. However, Florida’s “free kill” law does not address that. Unless your mom is already married, your health care provider says you can neglect to kill your 75-year-old mother without being sued for pain or suffering. And what kind of feeling does it create?

Not many, but one doctor and a former GOP lawmaker urged lawmakers to abolish Florida’s “free killing” law this year. As Florida politics reported, Dr. Joel Radman told lawmakers to ignore the horrifying tactics. “Doctors are not going to leave Florida because of this bill. There are no good doctors,” Radman said. “If the bad doctor wants to leave, goodbye.”

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