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TS Radio Network: Florida Medical Rights vs. Free Kill Law

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Marti Oakley

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FLORIDA MEDICAL RIGHTS ASSOCIATION

Florida Statute § 768.21(8) denies unmarried adults without minor children equal protection under the law and deprives the survivors of these individuals of their right to access the courts for redress as enumerated by the Florida Constitution in the case of medical negligence causing death.

Florida Free Kill Law

This statute has been dubbed Florida's Free Kill law.  Effectively if you are not married and have no minor children and a medical provider commits a grossly negligent act that causes death, there is nobody who can address the court on your behalf to seek justice.

Consequently, in Florida, if a medical provider makes an error and has the ability to correct it, thus saving the patient, but saving them might mean a costly lawsuit, they can easily choose to let the patient die, since death means no possibility of a lawsuit with respect to people in this category, hence the name Free Kill.

Florida is the ONLY state with this law.

 

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