Florida May Pass a Bill That Will Change the Landscape of Medical Malpractice Suits

April 12, 2021 / 8:41 am

For far too long, parents of adult children who died due to the neglectful actions of medical practitioners had no recourse. Medical malpractice was allowed only for those who lived but not for those who died. This prompted the term ‘free kill’ to be widely used in Florida.

Finally, a Bill will end this injustice. The Civil Justice and Property Rights Subcommittee passed a bill that will end prohibition for parents filing for medical malpractice.

The attorneys at Colson Hicks Eidson are nationally recognized and have the resources, staff, and ability to handle large, complex cases. If you have lost a loved one, no words can express the grief and loss you and your family are experiencing. If you have lost a loved one due to medical negligence, your grief is compounded with anger and unanswered questions. Let Colson Hicks Eidson secure the damages you deserve. Call our medical malpractice attorneys in Miami, Florida, today.

Will Florida Finally Allow Justice for Parents of Adult Children Lost to Medical Malpractice?

While the Bill passed under the Civil Justice and Property Right Subcommittee, it still needs to pass the Judiciary Committee, then move on to the House floor.

As it stands, Florida is the only state that doesn’t allow parents to recover damages for this type of negligence. In fact, Florida’s laws lack so much accountability that medical professionals who have lost their license to practice in other states come to Florida. Second-chance doctors, as they’re called, flock to Florida. Some doctors are not even required to carry medical malpractice insurance.

Florida’s outdated laws have allowed the state to become a safe haven for doctors looking to escape responsibility to their patients. One such instance, a 29-year-old man with Downs Syndrome, JoJo, was taken to the emergency room when he was choking and gagging. The emergency room refused treatment. Distraught, his mother took him to a second hospital. JoJo died of septic shock. An investigation into his death showed the delay in treatment contributed to his death. Rep. Spencer Roach states, “because, under the Florida free-kill law, there’s no justice for egregious medical neglect and malpractice for JoJo.” The free-kill law unfairly affects adults with developmental or mental disabilities.

Opposition to the Bill cites insurance rates will go up. Roach went on to say that “if something happened to me and I was killed as the result of medical negligence, I want my mom to be able to go into court and to tell her she can’t because insurance rates may go up,…that’s not good enough for my mom.”

Medical Negligence the Third Leading Cause of Death

Johns Hopkins Medicine revealed in a study that medical negligence has skyrocketed to the third-leading cause of death in the US. The medical team at Johns Hopkins claims the CDC does not keep track of death by medical errors. Therefore, medical mistakes, diagnostic missteps, and other preventable errors are being under-recognized. Over an eight-year period;

  • 251,454 deaths out of 35,416,020 hospitalizations were due to medical error
  • That is 9.5% of all deaths each year are due to medical mistakes

The Johns Hopkins team stresses that the CDC’s information has a tremendous amount of weight for research and public health funding. Cancer and heart disease get most of the attention, therefore most of the financing. If the CDC continues to ignore this growing health crisis, medical errors will continue without accountability.

What Can You Do?

If you have lost a loved one due to the negligent acts of a medical professional, you need a wrongful death attorney in Miami, Florida. Colson Hicks Eidson is nationally recognized for successful settlements and verdicts in complex and challenging cases. When you need to best at your side, you need Colson Hicks Eidson. Contact us for a free consultation by clicking here or by calling us at 305-476-7400.

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Colson Hicks Eidson is proud to celebrate two of our attorneys for receiving prestigious awards at the 2025 American Association for Justice Annual Convention in San Francisco.

President and Senior Partner Lewis S. “Mike” Eidson was awarded the Leonard M. Ring Champion of Justice Award, which recognizes outstanding integrity and overall character demonstrating Leonard M. Ring’s devotion to human and civil rights. Mike is a past AAJ president and long-respected national trial lawyer. He has spent his career advancing justice, defending the right to trial by jury, and shaping the future of the profession through his leadership and unwavering commitment to mentorship.

Partner Julie Braman Kane, also a past AAJ President, delivered powerful remarks on Mike’s behalf, celebrating his legacy and the profound impact he’s made on the legal community and beyond. Julie has spent her entire career at Colson Hicks Eidson, a testament to the inspiration Mike has provided to generations of trial lawyers. 

Partner Curtis Miner was also awarded with the Steven J. Sharp Public Service Award, which recognizes plaintiffs and the attorneys of plaintiffs whose cases help tell the story of the American civil justice system. Curt was recognized for his role as one of the court-appointed leaders in the Champlain Towers Condominium Collapse litigation, where he worked alongside a dedicated team of lawyers to change laws to make condominiums safer and helped secure $1.2 billion in settlements for the families and victims.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

The lawyers at Colson Hicks Eidson are committed to teamwork, professional development, and mentoring our younger lawyers. We are proud to announce that four of our attorneys have been named to the 2025 Lawdragon 500 X – The Next Generation guide. Congratulations to Eleni I. Constant, Aziza F. Elayan, Zachary A. Lipshultz, and Sabrina S. Saieh.

Lawdragon selects lawyers for this guide through independent research, submissions, and peer review, recognizing those who have demonstrated consistent excellence and significant impact, typically within 15 years of graduating law school.

Click here to read the full guide.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson is proud to share that attorneys Zachary A. Lipshultz and Sabrina S. Saieh have been named to the 2025 Florida Super Lawyers Rising Stars list.

Zach’s practice spans all aspects of civil litigation in state, federal, and arbitral forums, at both the trial and appellate levels. He played a key role on the team that recently secured a $3 million damages award for a family of four who suffered significant trauma when a defective lithium-ion battery-powered scooter caused a catastrophic fire that destroyed their home.

Sabrina focuses on product liability, commercial litigation, personal injury, class actions, and multidistrict litigation. She has represented clients in complex matters in federal and state courts, including cases involving defective products, dangerous drugs, catastrophic injuries, and mass torts. She was integral to the Takata Airbag Products Liability MDL—a high-profile class action tied to the largest automotive recall in U.S. history, resulting in settlements exceeding $1 billion.

Rising Stars recognizes top young attorneys who are 40 or under or have been in practice for 10 years or less. Only 2.5% of Florida lawyers earn this honor each year, following the same rigorous selection process used for Super Lawyers.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson is thrilled to announce that seven of its attorneys have been named in the 2025 edition of Florida Super Lawyers. Stephanie Casey, Dean Colson, Joseph J. Kalbac Jr., Julie Braman Kane, and Curtis Miner have been named Super Lawyers. Zachary A. Lipshultz and Sabrina S. Saieh have been recognized as Rising Stars.

Super Lawyers uses a rigorous screening process including independent research, peer nominations, and evaluations to rate lawyers. Only 5 percent of lawyers in Florida are rated by Super Lawyers, and no more than 2.5 percent of lawyers under 40 or with fewer than 10 years of practice are selected as Rising Stars.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Congratulations to Colson Hicks Eidson President and Senior Partner Lewis S. “Mike” Eidson and Partner Curt Miner on being selected by the American Association for Justice to receive prestigious awards at the organization’s annual convention.

Mike will receive the Leonard M. Ring Champion of Justice Award, which honors AAJ members of outstanding integrity and character who have demonstrated a lifelong commitment to civil and human rights. A past AAJ president and long-respected national trial lawyer, Mike has spent decades advancing justice and protecting the right to trial by jury. 

“I am honored to receive this recognition,” Mike said. “It’s a privilege to be part of a legal community that shares a commitment to protecting people’s rights and ensuring access to justice.”

Curt was part of the team of attorneys who will receive the Steven J. Sharp Public Service Award, which honors plaintiffs’ attorneys and their clients who bring cases that highlight the vital role of the American civil justice system. Curt will be recognized for his role as one of the court-appointed leaders in the Champlain Towers Condominium Collapse litigation, where he worked alongside a dedicated team of lawyers to help secure $1.2 billion in settlements for the families and victims. 

“It was one of the highlights of my career to work with the team of lawyers appointed by the Court, and our dedicated team at Colson Hicks Eidson, to help the many families that were impacted by this tragedy,” Curt said. 

The awards will be presented in July at the AAJ Annual Convention in San Francisco. Register here.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson has been recognized as one of Florida’s top four trial law firms by Chambers and Partners in the 2025 Chambers USA Guide. We’re especially honored that five of our attorneys were individually recognized for their leadership, legal skill, and commitment to our clients.

Congratulations to Stephanie Casey, Julie Kane, Lewis S. “Mike” Eidson, Roberto Martínez, and Curt Miner.

We are grateful for the recognition and thankful to our clients and peers for continuing to place their trust in us.

The rankings are a result of the firm’s exceptional track record of securing multimillion-dollar judgments and settlements for its clients in areas that include commercial litigation, medical malpractice, products liability, class actions, multidistrict litigation, and aviation and automobile accidents.

To schedule a consultation, do not hesitate to contact an attorney at our law office. We have experience in a wide variety of cases for clients located throughout the nation and around the globe.


About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.