Senate stalls bill aimed at closing so-called ‘free kill’ loophole

JACKSONVILLE, Fla. — A Florida bill that would close the so-called ‘free kill’ loophole was temporarily postponed before being heard by its first Senate committee Monday afternoon.

The bill would allow parents of adult children to seek damages if a child dies due to medical malpractice.

When Bobby Albert entered the hospital for a routine surgery last year, his parents Dave and Ellen had no reason to believe their son would be dead within weeks.

“He spent two weeks in the hospital agonizing in pain. He got sepsis and gangrene and then he died because they didn’t take care of him,” said Ellen.

And even though the couple told us the hospital admitted their son died because of a mistake made by the surgeon, they were shocked when they were informed there was no recourse available.

“Told me it was their fault,” said Ellen. “But they knew I couldn’t do anything about it because of this horrible barbaric law.”

In Florida, parents of an adult child with no spouse or dependents aren’t allowed to seek damages for medical malpractice.

They’ve become known as ‘free kill’ cases.

“In the hospital room there will be an “FK” written on the board and things like that. Like the providers know this is a free kill patient,” said State Representative Anna Eskamani (D-Orlando).

Representative Anna Eskamani is co-sponsoring legislation that would change the status quo.

“Obviously money is not going to bring back this person’s life, but there is a desire to make sure that provider or those providers don’t serve anymore in the medical profession. There’s a desire to ensure that costs around the hospital stay or around the funeral are covered,” said Eskamani.

The bill is moving in the House this year, but it was temporarily postponed just before it was set to be heard by its first Senate committee Monday afternoon.

Dave blames Republican lawmakers, who have had control of state government for two decades but have failed to act time and time again.

“And they’re always toot tooting that they have ‘right to life’ and they’re such good family people and they do this and that and the other, but they totally missed the mark on this,” said Dave.

It’s the Senate that has been the roadblock to the legislation’s passage in years past.

The delay Monday signals the legislation is likely to face similar obstacles this year.

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