How Does Florida’s “Free Kill” Law Affect Families? John Morgan Criticizes Ron DeSantis

TL;DR

Florida’s “free kill” law prevents certain relatives from recovering damages when medical negligence causes the death of an unmarried adult who has no minor children. John Morgan says the restriction protects doctors and insurers, and he criticizes Ron DeSantis for vetoing an effort to overturn it. Morgan also warns that Florida’s property-insurance reforms could leave successful claimants unable to afford home repairs. Read on for his specific arguments.

Transcript

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Key Insights

• Florida's 'free kill' law prevents lawsuits for wrongful death if the deceased has no spouse or minor children.
• The law primarily benefits the insurance industry and medical professionals by limiting liability.
• Ron DeSantis vetoed efforts to overturn the 'free kill' law, citing campaign contributions from the insurance sector.
• Tort reform in Florida has made it harder for homeowners to recover full damages from insurance companies after property damage.
• John Morgan argues that these legal changes will have disastrous effects following a major hurricane.
• The insurance industry in Florida is accused of prioritizing profits over policyholder rights.
• Political donations from insurance companies play a significant role in shaping Florida's legal landscape.
• John Morgan expresses concern over the lack of public awareness regarding these legal issues.

Questions & Answers

Q: What is Florida’s “free kill” law?

The law restricts who may recover damages after medical negligence causes an adult’s death. The discussion says parents of an adult child age 25 or older and adult children may be unable to sue when the deceased had no spouse or minor children.

Q: Who does Florida’s “free kill” law affect?

It affects families of adults who die because of alleged medical negligence but leave no spouse or minor children. The transcript specifically identifies parents of an adult child age 25 or older and adult children as relatives denied the right to seek damages.

Q: Why does John Morgan oppose the “free kill” law?

Morgan argues that the law removes accountability when a doctor’s negligence causes a death. He says it primarily protects doctors and the insurance industry while preventing affected families from pursuing damages.

Q: What did Ron DeSantis do when lawmakers tried to overturn the law?

According to the discussion, the Florida House and Senate voted to overturn the restriction. Ron DeSantis vetoed that effort, and the attempted change did not take effect.

Q: How does John Morgan connect insurance donations to the veto?

Morgan attributes the veto to campaign contributions from insurance interests and doctors. During the conversation, an investigative report is cited as saying a DeSantis-affiliated political committee received $3.9 million from insurance-industry participants, though the speakers also say other funding may be difficult to trace.

Q: How did Florida’s property-insurance reform change lawsuits against insurers?

Morgan says homeowners who successfully sue an insurer no longer receive attorney fees in addition to the value of their claim. Under his example, a homeowner awarded $100,000 for repairs must pay the lawyer from that same $100,000.

Q: Why does Morgan think the property-insurance change could hurt homeowners?

He argues that deducting legal costs from a successful award can leave homeowners without enough money to complete repairs. Because a home is many residents’ largest asset and the mortgage is often their biggest monthly payment, he considers the change disastrous.

Q: What does Morgan predict will happen after a massive Florida hurricane?

Morgan predicts that insurers will deny or undervalue claims and that homeowners will sue to recover repair costs. Even when homeowners win, he says attorney costs taken from their awards could prevent them from fully repairing their homes.

Summary & Key Takeaways

• Florida's 'free kill' law, unique in the U.S., prevents families from suing for wrongful death in specific medical negligence cases, raising accountability concerns. The law benefits the insurance industry and doctors, limiting their liability.

• John Morgan criticizes the influence of insurance donations on Florida's legal decisions, particularly regarding tort reform and property insurance. He warns of negative impacts on homeowners, especially after major hurricanes.

• Efforts to overturn the 'free kill' law were vetoed by Ron DeSantis, highlighting the significant role of political contributions in shaping state legislation. Morgan stresses the need for greater public awareness and accountability.