Gov. DeSantis vetoes Florida medical malpractice bill to repeal 'Free Kill' law

DeSantis blocks malpractice bill

Florida Governor Ron DeSantis has blocked a bill that would have expanded Florida’s malpractice laws. FOX 13’s Aaron Mesmer reports.

FORT MYERS, Fla. - Gov. Ron DeSantis announced Thursday he is vetoing a bill passed by Florida lawmakers that would have lifted age restrictions for seeking uncapped non-economic damages in medical malpractice cases.

Florida lawmakers passed the bipartisan legislation with more than 90% support in the state Senate and House of Representatives.

Economic vs. non-economic damages

Big picture view:

While economic damages focus on documented financial losses – such as medical bills and lost wages – non-economic damages look at pain and suffering, emotional distress and various other factors.

HB 6017

The backstory:

During this year's legislative session, state lawmakers passed HB 6017, which would "remove the provision that precluded certain persons from recovering damages for medical negligence resulting in death."

Under Florida's current "Free Kill" law, adults older than 25 are barred from suing for non-economic damages on behalf of their parents if they die due to medical negligence. Similar restrictions exist for parents of children older than 25.

PREVIOUS: Bill headed to governor's desk would strip age limit policy from Florida malpractice lawsuits

Supporters of the measure argued that families of medical malpractice victims have the right to pursue damages regardless of age.

Opponents, however, criticized the lack of caps on non-economic damages.

What they're saying:

Several families who have been urging the governor to sign the bill into law were heart-broken when he announced the veto.

"I was absolutely disgusted," said Cindy Jenkins of St. Augustine, who told FOX 13 her daughter died shortly after she turned 25 due to negligence following a car accident. "I have been fighting this with everything I have since they killed my daughter, like everything I had. Every spare second has gone into this, truthfully, at the expense of everything else in my life."

Jenkins said she is among those who asked to meet with the governor once more before he finalized his decision, but they never got the chance.

"We're not trying to fight this so that we can access the courts. We'll never have justice. We don't want other people go through it," Jenkins said Thursday.

What they're saying:

At a news conference in Fort Myers on Thursday, DeSantis and Florida Surgeon General Dr. Joseph Ladapo railed against the bill, saying increased litigation would have several negative effects.

"If this legislation were enacted, it would lead to higher costs for Floridians, it would lead to less access to health care for Floridians, and it would make it harder for us to keep, recruit and maintain physicians in the state of Florida," DeSantis said.

Pictured: Gov. Ron DeSantis speaks at a news conference in Fort Myers on May 29, 2025.

DeSantis also offered solutions that would make malpractice legislation "acceptable" in his view.

"Focus on holding the physician directly accountable with regulatory action," DeSantis said. "If you do a malpractice suit, the physician doesn't pay it. It's the insurance company that pays it."

The governor and Ladapo each suggested putting caps on non-economic damages along with the amount attorneys can recover, as well.

"Frankly, it's insane to have a system with no caps on non-economic damages and expect for that system to continue to sustain itself," Ladapo said.

Pictured: Florida Surgeon General Dr. Joseph Ladapo speaks at a news conference in Fort Myers on May 29, 2025.

What's next:

Lawmakers could vote to override the governor's veto, but it's unclear if they plan to do so.

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The Source: This story was written with information from a news conference in Fort Myers, Florida on May 29, 2025, and previous FOX 13 News reports.

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