Fla. Med Mal Damages Loophole Facing Lawmaker Scrutiny

In an interview with Law360, Co-Managing Partner Aaron Davis discussed House Bill 6017, which aims to repeal a Florida law that limits pain and suffering damages in fatal medical malpractice cases. He argues that the current statute, which restricts recovery for families based on the age of the deceased’s children, is unfair and prevents families from seeking justice in medical negligence cases. 

Aaron refers to this law as the “Free Kill Law,” explaining that it effectively blocks accountability for healthcare providers in fatal malpractice cases, leaving families unable to claim damages when they lose a loved one due to medical negligence.

“Why is it that under Florida law in a normal wrongful death case, if you lose a parent and you’re over 25, you can recover?” Aaron asked. “Why in the world do we distinguish between that general situation and the notion that negligence that happens in a medical capacity you can’t recover? It doesn’t make any sense.”

https://www.law360.com/trials/articles/2305435/fla-med-mal-damages-loophole-facing-lawmaker-scrutiny