THOUSANDS OF PEOPLE ARE TRYING TO OVERTURN A LAW THAT PREVENTS CERTAIN FAMILY MEMBERS FROM SUING IN CASES OF MEDICAL MALPRACTICE, LEADING TO DEATH, WESH TWO NEWS POLITICAL REPORTER GREG FOX, WITH THE LATEST EFFORTS TO REPEAL THIS DECADES OLD LAW. THOMAS KANE WAS 88 WHEN HE DIED IN AUGUST 2020 FROM WHAT HIS DAUGHTER, MARY JO, BELIEVES WAS GROSS NEGLIGENCE BY TWO BREVARD COUNTY HOSPITALS. DAD, THEY LEFT YOU LAYING THERE FOR TWO DAYS. YEAH, AND DIDN’T EVEN TALK TO YOU. YEAH. IF HE HAD THE RIGHT CARE, HE’D BE LIVING RIGHT NOW. HE HAD HORRIBLE MEDICAL TREATMENT, MARY JO AND THOUSANDS OF OTHERS HAVE BEEN FIGHTING TO REPEAL A FLORIDA LAW, THE ONLY ONE OF ITS KIND IN THE NATION THAT EXCLUDES CERTAIN RELATIVES FROM SUING IN MEDICAL NEGLIGENCE CASES, BRANDED THE FREE KILL LAW. IT SAYS MEDICAL NEGLIGENCE DAMAGES MAY NOT BE RECOVERED BY A DECEDENT’S ADULT CHILDREN OR THE PARENTS OF AN ADULT CHILD IN WRONGFUL DEATH CASES, A MINOR CHILD IS DEFINED AS UNDER 25. THE LAW HAS BEEN ON THE BOOKS SINCE 1990. BACK THEN, LAWMAKERS BELIEVED IT WAS THE ONLY WAY TO PREVENT MALPRACTICE INSURANCE PREMIUMS FROM RISING AND TO KEEP DOCTORS FROM LEAVING THE STATE. DESPITE 93% OF LAWMAKERS VOTING TO REPEAL IT LAST SPRING, REPUBLICAN GOVERNOR RON DESANTIS KILLED IT. WE WILL BE VETOING THAT LEGISLATION. WESH TWO NEWS OBTAINED PUBLIC RECORDS SHOWING THE GOVERNOR WAS BOMBARDED WITH NEARLY 7000 LETTERS FROM LOVED ONES OF THOSE KILLED IN FLORIDA HOSPITALS AND DOCTORS CLAIMING INCREASED HEALTH INSURANCE PREMIUMS FOR PATIENTS WOULD RESULT FROM LAWSUITS. THIS BILL IS SIMPLY TO REPEAL A PIECE OF LAW THAT IS. IN JEST. NOW, REPUBLICAN FORT PIERCE HOUSE MEMBER DANA TRABULSI IS REFILING THE BILL TO TRY AND REPEAL THE LAW, WHICH GENERATED EMOTIONAL COMMENTS FOR AND AGAINST. IF YOU ACTUALLY WANT PHYSICIANS WHO ARE WELL TRAINED, WELL EXPERIENCED TO STAY HERE IN FLORIDA AND TAKE CARE OF YOU AND YOUR PATIENTS, YOU NEED TO RECONSIDER THIS IN FLORIDA. IF THE RIGHT PERSON DIES, MEANING THE WRONG AGE, THE WRONG FAMILY STRUCTURE, THERE IS NO LEGAL PATH TO JUSTICE. IF YOU DON’T WANT TO BE SUED, DON’T BE NEGLIGENT. THE CIVIL JUSTICE AND CLAIMS SUBCOMMITTEE PASSED IT, AND MARY JO IS HOPING THIS TIME DESANTIS WILL SIGN IT. WOULD HE DO IT AS A GOODBYE THING? MAYBE HE’LL BE FINDING IT IN HIS HEART TO DO THIS. GREG FOX WESH TWO NEWS. NOW, THE BILL TO REPEAL THE FREE KI
Florida’s ‘Free Kill’ law faces renewed challenge after governor’s veto
Updated: 6:10 PM EDT Oct 23, 2025
Mary Jo Cain Reis is leading a fight to repeal Florida’s “Free Kill” law, which prevents certain relatives from suing for medical malpractice, despite a veto from Gov. Ron DeSantis.Thomas Cain was 88 when he died in August 2020, from what his daughter, Mary Jo, believes was gross negligence by two Brevard County hospitals.In a video, she asked her father, “Dad, they left you lying here for two days? Yeah. And they did nothing for you? No.” Reis said, “If he had the right care, he’d be living right now. He had horrible medical treatment.”Mary Jo and thousands of others have been fighting to repeal a Florida law, the only one of its kind in the nation, that excludes certain relatives from suing in medical malpractice cases.Known as the “Free Kill” law, it states that medical negligence damages may not be recovered by a decedent’s adult children or the parents of an adult child in wrongful death cases. A minor child is defined as under 25 years old.The current law has been on the books since 1990. At that time, lawmakers believed they had to do something to keep malpractice insurance premiums from rising and keep doctors from leaving the state.Despite 93% of lawmakers voting to repeal it last spring, Republican Gov. Ron DeSantis vetoed the legislation, saying, “We will be vetoing that Legislation.”WESH 2 News obtained public records showing the governor received nearly 7,000 letters from “loved ones of those killed in Florida hospitals” and doctors claiming “increased health insurance premiums” for patients would result from lawsuits.Republican House member Dana Trabulsy is refiling the bill to try and repeal the law, which generated emotional comments for and against.Dr. Andrew Borum, who opposes the bill, said, “If you actually want physicians who are well-trained, experienced and to stay here in Florida and take care of you and your patients, you need to reconsider this.”Alyssa Crocker, who supports the bill, said, “In Florida, if the wrong person dies, meaning the wrong age, the wrong family structure, there is no legal path to justice. If you don’t want to be sued, don’t be negligent.”The Civil Justice and Claims subcommittee passed the bill, and Mary Jo is hoping that this time, DeSantis will sign it. Reis said, “Would he do as, say, a goodbye type of thing? Maybe he’ll find it in his heart to do this.”
FLORIDA, USA —
Mary Jo Cain Reis is leading a fight to repeal Florida’s “Free Kill” law, which prevents certain relatives from suing for medical malpractice, despite a veto from Gov. Ron DeSantis.
Thomas Cain was 88 when he died in August 2020, from what his daughter, Mary Jo, believes was gross negligence by two Brevard County hospitals.
In a video, she asked her father, “Dad, they left you lying here for two days? Yeah. And they did nothing for you? No.” Reis said, “If he had the right care, he’d be living right now. He had horrible medical treatment.”
Mary Jo and thousands of others have been fighting to repeal a Florida law, the only one of its kind in the nation, that excludes certain relatives from suing in medical malpractice cases.
Known as the “Free Kill” law, it states that medical negligence damages may not be recovered by a decedent’s adult children or the parents of an adult child in wrongful death cases. A minor child is defined as under 25 years old.
The current law has been on the books since 1990. At that time, lawmakers believed they had to do something to keep malpractice insurance premiums from rising and keep doctors from leaving the state.
Despite 93% of lawmakers voting to repeal it last spring, Republican Gov. Ron DeSantis vetoed the legislation, saying, “We will be vetoing that Legislation.”
WESH 2 News obtained public records showing the governor received nearly 7,000 letters from “loved ones of those killed in Florida hospitals” and doctors claiming “increased health insurance premiums” for patients would result from lawsuits.
Republican House member Dana Trabulsy is refiling the bill to try and repeal the law, which generated emotional comments for and against.
Dr. Andrew Borum, who opposes the bill, said, “If you actually want physicians who are well-trained, experienced and to stay here in Florida and take care of you and your patients, you need to reconsider this.”
Alyssa Crocker, who supports the bill, said, “In Florida, if the wrong person dies, meaning the wrong age, the wrong family structure, there is no legal path to justice. If you don’t want to be sued, don’t be negligent.”
The Civil Justice and Claims subcommittee passed the bill, and Mary Jo is hoping that this time, DeSantis will sign it. Reis said, “Would he do as, say, a goodbye type of thing? Maybe he’ll find it in his heart to do this.”