A sad case of alleged medical malpractice in the Florida panhandle is once again shining a light on the state’s controversial “free kill” law.
An Alabama man recently died while undergoing surgery to remove his spleen in Destin, according to a report by the Pensacola News Journal. His family says the doctor handling the procedure wrongly removed the man’s liver instead.
The doctor, who performed the operation at Ascension Sacred Heart Emerald Coast Hospital in Miramar Beach, is reportedly facing possible criminal charges, as well as civil liability. But the “free kill” law limits who can sue him for wrongful death.
In Florida, as elsewhere across the country, certain family members of a person who is killed in an accident have the right to take legal action against those responsible. That includes seeking compensation for the loss of their loved one.
Florida law generally limits wrongful death claims to the deceased person’s spouse, children, parents and certain other blood relatives, depending on the circumstances. That is where the “free kill” law comes in.
In a medical malpractice situation involving a victim who is 25 or older at the time of the accident, the law further restricts who can sue for wrongful death. Only a surviving spouse or minor children can pursue this kind of legal action.
In the Destin case, that means the adult children of the man who died cannot go after the doctor for wrongful death. That is true even if they can prove that the doctor performing the surgery was negligent and that his mistakes caused their father’s death.
The same doctor reportedly was accused of a similar mistake last year. He was accused of removing a portion of a patient’s pancreas instead of performing the intended adrenal gland resection at the same hospital. A medical malpractice case was later settled privately.
This time, the family says the doctor persuaded their loved one to have the operation in Destin rather than to return home to seek additional medical attention. Their lawyer called the situation “one of the most egregious cases of medical malpractice that I've ever been involved with.”
The “free kill” law was passed in 1990 as part of an effort to keep doctors from fleeing Florida over rising insurance costs. Efforts to repeal the law have fallen flat in Tallahassee. A bill that would have done just that stalled in the judiciary committee last year.
Speak With a Villages Wrongful Death Attorney
If you have lost a loved one to a fatal accident, it is vital to seek the advice of an experienced injury attorney. Villages wrongful death attorney Tim Babiarz has been fighting for people and families across the community for more than two decades.
Our office is conveniently located in the Villages. We are also proud to represent clients throughout the area, including in Ocala, Leesburg, Lady Lake, Wildwood, Summerfield and beyond. Call (352) 205-7559 or contact us online to schedule a free consultation with a Villages wrongful death attorney.
