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Fact check: Is the Florida “free kill law” real and what does it mean

Checked on May 19, 2025

1. Summary of the results

The Florida "free kill law" is indeed real and is codified in Section 768.21 of Florida Statutes [1]. The law specifically prevents adult children over 25 or parents of deceased children over 25 from filing medical malpractice lawsuits for pain and suffering in cases of medical negligence [2]. Florida stands alone as the only state with such legislation [1].

2. Missing context/alternative viewpoints

Several important contextual elements were missing from the original question:

  • The law was implemented in 1990 with a specific purpose: to prevent doctors from leaving Florida due to high insurance costs [2]
  • Recent legislative developments show that Florida lawmakers have voted to repeal this law with a significant Senate majority of 33-4 through Bill HB 6017 [3]
  • The law is set to potentially expire or face reconsideration in 2025 [4]
  • Advocacy efforts, led by individuals like Sabrina Davis, have resulted in proposed legislation like the Keith Davis Family Protection Act to remove these restrictions [5]

3. Potential misinformation/bias in the original statement

The term "free kill law" itself could be considered misleading as it suggests complete immunity from legal consequences, while the law actually only restricts specific types of lawsuits from certain family members. Here's who benefits from different interpretations:

*For maintaining the law:

Medical insurance companies benefit from reduced liability

  • Healthcare providers benefit from lower insurance costs [2]

*Against the law:

Critics argue it creates an unequal system of accountability [4]

  • The law particularly impacts specific demographics:

Adults with disabilities

Women with infertility

  • Unmarried adults over 25 without children [1]

The law's existence and basic function are not disputed across sources, but its impact and justification remain controversial.

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