Families are returning to the Capitol to ask lawmakers to repeal a medical malpractice provision critics call the “Free Kill” law. Governor Ron DeSantis has blocked the effort twice, and a new governor takes office next year.

The provision bars certain surviving family members from recovering non-economic damages, such as pain and suffering, in some medical malpractice cases. Parents cannot sue if a deceased child was 25 or older, unmarried, and without children. Adult children face the same limit if a deceased parent was unmarried.

Repeal advocates came closer than ever to success during the past two legislative sessions, but the bill could not get past DeSantis. The governor has argued that repeal carries real costs for patients and the health care system. “It would lead to higher costs for Floridians. It would lead to less access to care for Floridians. And it would make it harder for us to keep, recruit, and maintain physicians in the state of Florida,” DeSantis said.

With a new governor, new lawmakers, and new legislative leadership on the way, repeal supporters are hopeful. Geoff Moore, founding partner of the Orlando injury firm Moore Payne Law, said he hopes Governor-elect Byron Donalds will approach the issue with “a fresh set of eyes.” Moore said many families learn the law exists only when attorneys tell them they have no legal recourse. He urged incoming lawmakers to imagine the situation happening to their own families.

Donalds said he plans to examine the issue closely and look for a balance between accountability and affordability. “It’s incredibly expensive for Floridians today,” Donalds said. “So, we want to make sure that if we make an adjustment on that, you’re not going to see a direct increase in costs for people who are trying to get the health care that they need.”

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