top of page

Shine a Light on Florida Free Kill #FloridaLivesMatter Too

The more light we can shed on Florida's Free Kill law, the better. The reason Florida Statute 768.21(8) is in place, is for medical malpractice companies to save money. The flip side of that is that it costs lives. Fundamentally, the reason for all types of insurance is two fold for the customer. Firstly, it protects the insured if something should go wrong. If something does go wrong, the cost of insurance is likely to go up. Secondly, insurance provides accountability. When people know their insurance is likely to rise based on errors, they are likely to proceed with more care.

If you have ever been drunk or tired and chosen not to drive your car due to the probably of an outcome being a costly repair, injury to yourself or others as well as a paying a higher premium for getting caught, then you know exactly what I'm talking about. To drive when you are not sharp could mean to face potential consequences. Avoiding financial consequences is one motivator to stay within known safety guidelines for operating a motor vehicle.

Do you agree that money is

a motivator for making life choices?

Consider this, under Florida's malpractice laws, if a tired doctor makes a mistake that causes an injury, the doctor can be held financially liable for the injury, if proven in a court of law. This is a great motivator for not making mistakes. Of course, many doctors do care for their client's well being as well.

On the other hand if the patient falls in the free kill category, and does not survive the same physician caused injury, there are no potential consequences. Where is the financial motivator for keeping the patient alive? Mistakes happen. Mistakes only cost doctors money if the patient lives to tell the tale for over 50% of Florida residents.

Florida Free Kill provides physicians with financial motivation to let patients die instead of saving them

Within two days of of the recent publication in the Herald Tribune, A Loophole in Florida's Wrongful Death Act, Florida Medical Rights Association heard from three new families of victims to medical error that were a free kill. The article highlights the potentially wrongful death of the son of Ms. Giannillo. A man in his 50s who lived with his girlfriend Tracy, for 24 years. Neither of these women have a legal right to bring the case before a court of law. If he had been married, or had children under age 25 it would have been a different story. Yet he is the same man whether he was married or not. According to Florida law, his life is less valuable simply due to his family status.

FMRA greatly appreciates the light that the Herald Tribune's choice to shine on Florida's Wrongful Death Act. In addition, another publication has reached and interviewed Melody Page of FMRA since the publication took place. The more people we can reach, the more hope we have for a repeal of 768.21(8).

Not enough people are aware of this law

Shine a light on it

If 100% of Florida residents were aware of this law there would be an outrage. Politicians have valued money over human life for too long. Raising awareness is key.

I urge you to share this information with everyone you know.

Sign our petition for change:

Every time you sign, this letter is sent to 100% of Florida legislators. Legislators have kept this law on the books since 1990. Let them know, for the safety of you and your loved ones, you want it repealed today.

bottom of page