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

April 12, 2021
Colson Hicks Eidson

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Florida’s outdated laws have allowed the state to become a safe haven for doctors looking to escape responsibility to their patients.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.