When Medical Negligence Takes a Loved One
Losing a family member is devastating. Learning that the death may have been caused by a preventable medical mistake, such as a missed diagnosis, a surgical error, or a hospital that failed to act, adds questions that families deserve answers to.
The Injury Advocates represents families across Broward, Miami-Dade, and Palm Beach counties in wrongful death cases caused by medical negligence. We handle these cases as part of our medical malpractice and wrongful death practice, and we review every case with qualified medical experts.
Florida’s “Free Kill” Rule
Florida’s Wrongful Death Act allows the personal representative of the estate to bring one claim on behalf of the surviving family members. But in medical negligence cases, section 768.21(8), Florida Statutes, limits who can recover for their grief and loss of companionship. Adult children age 25 and older cannot recover these damages for the death of a parent, and parents cannot recover them for the death of an adult child age 25 or older. This rule is often called the “free kill” law.
The Legislature passed a repeal in 2025, but it was vetoed, and a 2026 repeal effort did not pass. The rule remains in effect. Even so, spouses and children under 25 can recover for their loss, and the estate can recover medical and funeral expenses and lost earnings. Understanding exactly who can recover, and for what, shapes how a case is built from the start.
What Families May Be Able to Recover
Deadlines and Next Steps
Florida’s deadline for medical malpractice claims is generally two years from when the injury was discovered or should have been discovered, and in most cases no more than four years from the date of the mistake. Before any lawsuit can be filed, Florida requires an expert review and a 90-day presuit investigation period, so it is important to start early.
Learn more about how these cases work on our medical malpractice page, or call us for a free review of your situation.
Related Medical Malpractice Pages
Hospitals and their insurers defend malpractice claims aggressively. We work with qualified medical experts to find out what went wrong, document the full impact on your life, and build a case designed to hold the right parties accountable. If you cannot come to us, we can meet by phone, by video, or at your home or hospital.
Why Patients and Families Choose The Injury Advocates
The claim is brought by the personal representative of the deceased person’s estate on behalf of the surviving family members. The personal representative is often named in the will or appointed by the court.
It is a common name for section 768.21(8), Florida Statutes. In medical negligence death cases, it bars adult children 25 and older from recovering for the loss of a parent, and bars parents from recovering for the loss of an adult child 25 or older, for grief and loss of companionship. A 2025 repeal was vetoed, and a 2026 repeal effort did not pass, so the rule remains in effect.
Nothing up front. Your consultation is free, and we handle injury cases on a contingency fee basis, which means our fee is a percentage of the money we recover for you. If we do not win your case, you owe no attorney’s fees and no case costs.
