Florida House Passes HB 6017, Expanding Wrongful Death Lawsuits in Medical Malpractice Cases

Losing a loved one due to a doctor’s mistake feels like a gut-wrenching betrayal, especially when you realize that their death could have been prevented with the right care. Now imagine being told that, because of your age or your relationship to the deceased, you can’t even seek justice for the pain and suffering caused by that loss. 

It’s a reality many families have faced in Florida, thanks to a law that critics call “the free kill law.” But after years of injustice, there’s hope for change. In 2025, a new bill, HB 6017, passed the Florida House by an overwhelming majority. 

This bill aims to rectify one of the state’s most dated laws by finally allowing families to pursue compensation in wrongful death cases involving medical malpractice, no matter the age or relationship to the deceased.

For far too long, Florida’s current law has dehumanized victims of medical negligence, leaving many grieving families without recourse. At Osborne & Francis, we believe that justice should be accessible to all, no matter their background or circumstances.

If you or a loved one has been impacted by medical malpractice, we are here to ensure that your voice is heard and that you receive rightful justice and compensation. Contact our team online or by calling (561) 293-2600 today.

The Background of Florida Wrongful Death Law

In 1990, Florida passed a law that severely limited who could file wrongful death claims based on medical malpractice. The law, Florida Statute 768.21(8), has been dubbed the "free kill" law by critics because of its restrictive nature. Essentially, this law prevents many individuals from seeking justice for the loss of a loved one if the deceased person was over the age of 25.

Under this law, people over 25 cannot sue for non-economic damages, such as pain and suffering, if their parent dies due to medical malpractice. Similarly, parents cannot seek compensation for the death of a child over the age of 25 in a malpractice case. 

The law was initially created to help doctors avoid expensive malpractice insurance premiums and ensure that Florida remained an attractive place for healthcare professionals to practice. 

However, after more than 30 years, there is little evidence to suggest the law has had the intended effect of reducing malpractice lawsuits or insurance costs. In fact, Florida remains one of the top states in the country for medical malpractice lawsuits, and medical malpractice premiums for doctors continue to be some of the highest in the nation.

But for families who have lost loved ones, the law has often felt like an additional blow, leaving them with no means to pursue justice.

Florida Medical Malpractice Reform On the Horizon

HB 6017 is a newly proposed bill aimed at reforming Florida’s long-standing “free kill” law by repealing the restriction that prevents families from seeking non-economic damages, such as pain and suffering, in medical malpractice cases involving the death of a loved one.

Under the current law, in cases of medical malpractice, people over 25 can't seek non-economic damages for the death of a parent. Similarly, parents can't pursue damages if their child, aged 25 or older, passes away due to malpractice. However, HB 6017 seeks to change that by allowing family members to file for emotional trauma regardless of the age of the deceased. 

How HB 6017 Could Change the 2025 Florida Malpractice Laws

The passage of HB 6017 could mark a transformative shift in Florida’s approach to medical malpractice lawsuits, particularly in wrongful death cases.

Critics of the current law have long argued that it creates an inequitable system where certain victims and their families are denied the opportunity to pursue claims, even when hospital negligence is clear. By eliminating this restriction, HB 6017 aims to level the playing field and ensure that all families, regardless of their age or relationship to the deceased, can seek redress for their pain.

In a broader sense, the bill signals a renewed focus on accountability within Florida’s medical system. Medical professionals will be reminded that they are responsible for their actions and that negligence, especially when it leads to loss of life, should not go unpunished. Therefore, the new Florida wrongful death law could serve as a deterrent to prevent future malpractice and encourage better practices within the healthcare community.

Finally, if enacted, HB 6017 could set a precedent for other states, like California and Texas, which have strict caps on non-economic damages in medical malpractice cases, looking to reform similar laws that may be limiting access to justice for families dealing with the devastating effects of medical malpractice. 

As Florida has one of the most restrictive wrongful death laws in the country, changes here could inspire similar reforms nationwide. This bill marks a pathway to financial support for emotional suffering that often accompanies such a tragic loss, something that has been denied to so many in Florida for decades.

If a healthcare professional’s negligence led to the death of your loved one, Osborne & Francis is here to see you through this difficult time. Get in touch with our team today by filling out our online form or calling (561) 293-2600.

Arguments Against Florida Medical Malpractice Reform

Opponents of HB 6017 raise concerns that the bill could lead to higher malpractice insurance premiums, which may drive doctors to leave Florida or stop practicing altogether. They worry that allowing families to seek non-economic damages could lead to a surge in lawsuits, making Florida’s healthcare system less sustainable.

Critics also argue that the bill could result in more defensive medicine, where doctors order unnecessary tests to avoid lawsuits, ultimately increasing healthcare costs without improving patient care. However, the data tells us a different story.  

Since 1990, Florida has consistently ranked among the top three states for both the volume of medical malpractice cases filed and the amount of money paid out in settlements. Despite these high numbers, Florida continues to have some of the highest medical malpractice insurance premiums in the nation, suggesting that the current system is not as effective as it should be in protecting doctors or patients.

What Happens Next? 

This bill received near-unanimous support in its first two committee stops and cleared the House floor in a 104-6 vote, a clear sign of strong legislative support. Many proponents and representatives have argued that the bill is a step in the right direction toward showing and demonstrating that every life has value. 

That said, the journey for the new bill is far from over. As the bill moves through the Senate, it will face further scrutiny, including possible amendments that could reshape its provisions. Advocates are hopeful that the Senate will follow suit and pass the bill, paving the way for it to become a reality.

Osborne & Francis: Helping Families Heal

The pain of losing someone is already immeasurable, but the added injustice of not being able to hold those responsible accountable makes the grieving process even harder. As this new bill moves through the legislative process, families still have the opportunity to fight for their rights. 

At Osborne & Francis, we understand the emotional and financial toll this situation can take. For over a decade, we have been helping families navigate wrongful death and medical malpractice claims.

Our firm has successfully recovered millions for families like yours, providing the justice they deserve. If you have any questions about your situation or need support, don't hesitate to reach out to us. We are committed to standing by your side and ensuring that your loved one’s memory is honored. Call us today at (561) 293-2600 or fill out our online form.