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When compared to other states, Florida has some of the more restrictive laws concerning who can sue for medical malpractice. Some lawmakers in the state have proposed bills to make changes to those laws, opening the door for other family members to file a lawsuit on behalf of a loved one who died from injuries related to medical malpractice. These bills, if put into place, could significantly impact the lives of victims’ families.

Understanding current laws

Currently, there are very strict regulations that determine who can sue for wrongful death related to medical malpractice. Often called the “free kill” law, it generally prevents family members from filing a lawsuit for loved ones who were over 25 years of age, unmarried, or widowed, and without children under the age of 25 at the time of death.

Those who support the current law claim that it has helped keep medical malpractice insurance rates low, enticing more medical professionals to practice in the state. Critics claim that the restrictions create a situation where family members can’t seek justice when a loved one dies due to medical malpractice. Another aspect of the current law is that medical care providers may not have the incentive to save someone who meets the “free kill” terms because the victim could sue if they survive, but the family members have no legal recourse if the victim dies.

Medical malpractice assistance

Losing a loved one to medical malpractice can be devastating. When someone seeks medical treatment in Florida, they, and their loved ones, expect everything to go as planned. However, when a healthcare provider acts in a way that doesn’t align with the standards of care, it may be considered medical malpractice. Those who have lost a loved one due to medical malpractice can speak with an attorney to see if they have cause to file a lawsuit against the party at fault.