Florida 'free kill' law is back in the spotlight after surgeon removed liver instead of spleen

The Florida “Free Kill” law limits who can sue on behalf of a deceased victim of medical malpractice. It was passed as part of the tort reform movement, but as the above case shows, it denies families any shot at justice, even when medical malpractice borders on the level of criminal, as in this case.

A ■■■■■■■ high school student, upon dissecting a body, could differentiate the liver from the spleen.

Perhaps because the liver is a big giant liver shaped, well, LIVER.

The liver and spleen aren’t even ■■■■■■■ close in appearance or size.

And denying these family members justice in the courts is just plain wrong. And this law only applies to medical malpractice, not any other type of wrongful death, thus giving special protection to the medical industry not enjoyed by anybody else.

An attempt at repeal failed in the 2024 legislative session. But this will be back in 2025 and it should be back every year until this horrible law is repealed.

On a separate note, this doctor is under investigation by the State Medical Board as well as under criminal investigation.

He needs to lose his license for such gross incompetence.

And he should face manslaughter charges, as the level of his incompetence rises to the criminal.

4 Likes

So if a victim of medical incompetence happened to be divorced or widowed, and his kids were adults, they’d be screwed. Only spouses or minor children can receive justice. That’s absolutely ■■■■■■ up. :face_with_symbols_over_mouth:

So this doctor did another case, previous to this, removed parts of a pancreas instead of an adrenal gland. I am baffled how this doctor can still be practicing.
Another issue i have everyone in that o.r. needs to be interviewed. There should have been a time out for one. The other issue is why no one asked questions during the case. Surely somebody could have recognized a liver being removed. Charge them all for goss negligence

2 Likes

If it’s any consolation, the victim’s wife can still sue. So the DR is not off the hook because of the law.

That doesn’t make the Fla law OK, of course.

1 Like