Understanding Florida’s “Free Kill” Law — And How a Medical POA Can Help

Most people think of estate planning as drafting a Will and naming beneficiaries. But there are laws in Florida that can affect your family when medical decisions and medical negligence are involved — and many Floridians have never heard of them until it’s too late.

One controversial statute often referred to as Florida’s “Free Kill” law is a part of the state’s wrongful death rules that applies only to deaths caused by medical malpractice.

What Is the “Free Kill” Law?

Under current Florida law, when a death results from medical negligence:

• Only a spouse or minor children of the deceased may seek recovery for non-economic damages — like pain and suffering — in a wrongful death case.

• Adult children (25 or older) and parents of adult children are not permitted to recover non-economic damages related to that wrongful death.

This unique rule has earned the nickname “Free Kill” because it means that in certain situations, no one in the family can hold a doctor or hospital accountable in court for emotional losses tied to medical negligence.

Why Is This Important to Know?

Imagine a spouseless, childless adult over 25 dies because of a medical error — under this law, no one in their family could sue for pain and suffering damages. Even parents of adult children are excluded.

There have been repeated efforts in the Florida Legislature to repeal this provision and give families equal rights to pursue justice regardless of age, marital status, or whether there are minor children — but those efforts have stalled or been vetoed in recent sessions.

Okay — So What Does That Mean for Your Planning?

Knowing about the “Free Kill” law highlights just how important proactive medical planning is for every adult — not just estate planning documents.

One essential tool you can control is a Medical Power of Attorney (POA).

What Is a Medical POA — and How Does It Help?

A Medical Power of Attorney is a legal document that lets you name someone you trust to make medical decisions for you if you can’t communicate them yourself.

Here’s why that matters:

Give Your Loved Ones Authority

If you become incapacitated due to illness or injury, your agent can:

• Talk to doctors

• Review your medical records

• Make decisions based on your wishes

Without a medical POA, health care providers may default to general rules or require a court proceeding to appoint someone — costing time, money, and peace of mind.

Avoid Family Conflict

A clear medical POA removes uncertainty about who should speak for you and what decisions they’re authorized to make — especially in high-stress situations.

Clarify Your Wishes

Coupled with your Advance Directive/Living Will, a medical POA lets you document:

• Life-support preferences

• Pain management choices

• End-of-life care priorities

This isn’t something the “Free Kill” law directly affects, but it strengthens your family’s ability to protect your interests when medical care decisions matter most.

Bottom Line: Be Prepared Before It Matters

Florida’s “Free Kill” law is a reminder that the legal system doesn’t always protect families in the ways you might expect — especially in medical malpractice scenarios.

But estate planning isn’t just about wills and trusts — it’s about making sure your wishes are respected and that the people you love most aren’t left in the dark.

A Medical POA isn’t just paperwork — it’s empowerment for your family when unforeseen medical decisions arise.

If you’d like help preparing a Medical Power of Attorney or reviewing how your existing plan protects you in tough medical situations, reach out — we’re here to help.