Free Kill SB 248 - Danger Your Action is Needed!
If two phone calls could have saved your loved one's life, then make these two phone calls now, to protect all potential Florida Free Kill victims. We deserve improved medical accountability in the state of Florida for the betterment of all.
Senator Yarborough has filed a bill in the Senate that is extremely harmful to the people. If it is not killed, SB 248 would add more layers of obstacles for victims that fall in the free kill category. This current law from Florida §768.21(8) allows for gross medical (only) negligence to go unaccounted for if the victim who suffered death was unmarried and had no minor children. For more information on Florida's Free Kill law visit www.floridamedicalrights.org.
SB 248 is problematic for the people on several fronts. It adds layers of permissions to be given before you can even speak to a lawyer. As is, the current law doesn't even allow for you to enforce the right to get your loved one's medical records, if the hospital denies access simply because you have no access to a lawyer who could simply write a letter requesting the information. 248 puts the DOH and ACHA in control of if you are allowed to go to court. The Department of Health and the AHCA do not have the resources to adequately investigate malpractice claims, as many victims have already seen. It is the few and far that are addressed at all. This bill also hurts the limitation period and decreases it from 2 years to 180 days. It also limits the standard used in a trial as probably cause (intentional harm) must be established in order to take your case to court, this is nearly impossible to prove and should not supersede an act of gross negligence. What this means is if the surgeon operates under the influence of alcohol or drugs s/he would not be held accountable unless harm was vocalized with witnesses and proven. There is NO REASON to debate this bill. The opposition hopes to distract the people with a debate that will only end in a horrific worse case scenario. If you are at all familiar with how politics are played in general then you know this is true. As you know, if someone has harmful intent, they can not be reasoned with. This bill is full of harmful intent towards the people. Once a bill is addressed they will refuse to address it again as they will stand by having already satisfied the people even if they only made it worse. We would not see Free Kill overturned in our lifetimes unless this bill dies.
Phone call #1
Please call Senator Yarborough's office and leave a message
state your full name and tell his people that
SB248 is not acceptable to the people of Florida.
We will accept nothing other than a repeal.
Yarborough represents Jacksonville so it if you are also his constituent let him know!
There are two very admirable bills in the Florida House this year so far. HB #77 , filed by House Representative Spenser Roach, who passed the same bill through the entire house two years ago, has filed again. This HB 77 is for a repeal of the Florida Free Kill law. House Representative Lopez has filed HB #129. House Representative Beltran Co-sponsored the bill almost immediately. The Senate bill filed by Yarborough directly contradicts these two bills by failing to repeal the problematic language and instead, adds more problems for the people. If anything a responsible Senate bill will mirror these two House bills that are meant to protect the rights of the people.
Other house reps who have already endorsed the house bills filed by Representative Roach and Lopez include: House Reps Beltran, Amnesty, Eskamani, Garcia, & Hinson. More are likely to join before the session begins.
If you care about ending Florida's Free Kill law, if your loved one died as a victim of gross medical negligence and you are unable to seek justice, if you have been denied your constitutional right to access a court of law...
Phone call #2
Please find your local District Senator at the link below by typing in your address and zip code and give them a call, ask them to reject and kill SB 248