The Florida Justice Reform Institute has announced that repealing Florida's medical malpractice "free kill" exception without implementing damage caps could lead to increased insurance costs and reduced access to care.
Florida's ongoing debate over the "free kill" medical malpractice provision originates from a 1990 amendment to the Wrongful Death Act. This change prevents parents of adult children and adult children of unmarried parents from recovering non-economic damages when malpractice results in death. Reform advocates have consistently pushed for repeal, notably with HB 6017 in 2025, which passed overwhelmingly before Governor Ron DeSantis vetoed it due to the absence of damage caps. The discussion surrounding the new HB 6003 has reignited this issue, with grieving families arguing that the longstanding provision devalues certain lives. Meanwhile, business and medical groups, including the Florida Justice Reform Institute, caution that expanding lawsuits without proper safeguards could destabilize already fragile malpractice and healthcare markets.
According to industry witnesses aligned with the Florida Justice Reform Institute, Florida is already among the top states for national malpractice costs. Data from the Florida Hospital Association indicates that Florida is the second-largest malpractice market, with approximately $490 million in written premiums. Dade County reportedly has the nation's highest premiums for family practice, emergency, orthopedic, and OB-GYN physicians. Reform advocates warn that introducing new wrongful-death claimants without reinstating caps on non-economic damages could lead to more "nuclear verdicts," increase rates beyond those of peer states, and ultimately burden patients through higher hospital costs, reduced services, and fewer physicians in high-risk fields.
National trends support warnings from FJRI that lawmakers are operating within a hardened liability climate. An analysis by the American Medical Association shows a significant increase in medical liability policies with year-over-year premium hikes — from 13.7% in 2018 to 49.8% in 2024. Forty-six states and Washington D.C. experienced at least one increase last year; among them were sixteen states — including Florida — that recorded double-digit hikes. In Florida specifically, 19% of tracked premiums rose by 10% or more. The AMA cautions that continued pressure could reduce patient access by shrinking physician supply and notes that state tort rules, such as caps on non-economic damages, significantly influence whether premiums stabilize or spiral—a point echoed by conservatives and business groups focused on liability reform.
The Florida Justice Reform Institute is based in Tallahassee and operates as a 501(c)(4) social-welfare organization serving as a leading voice for civil-justice policy within Florida's business community. Its mission is to combat what it perceives as wasteful litigation while promoting fair legal practices and advancing tort reforms conducive to economic growth. The Institute has collaborated with Republican lawmakers and Governor Ron DeSantis on major reforms like adopting the Daubert evidence standard, curbing one-way attorney fees, and supporting property-insurance and COVID-liability protections. It opposes proposals aimed at expanding medical malpractice and wrongful-death liability on grounds they would encourage lawsuit abuse, raise insurance costs, and undermine Florida’s competitiveness.