FLEMING ISLAND, Fla. — There’s a renewed effort to repeal a 35-year-old Florida law that blocks access to the courts for families of certain people who die of medical malpractice, and this year it appears to be on the fast track in the Florida Legislature.
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Fleming Island native Taylor Jenkins had just turned 25 when her car was rear ended in March of 2023.
After being rushed to a trauma center, her mother Cindy Jenkins, told Action News Jax Taylor was misdiagnosed with a brain injury.
She said even after doctors realized Taylor was bleeding internally, it took six hours to get her to surgery.
But at that point it was too late.
“When she came out of surgery the trauma surgeon documented there were no signs of brain stem function,” said Jenkins.
When Jenkins tried to hold the hospital accountable for medical negligence, she learned it wasn’t possible due to a carveout in state law.
Florida’s so-called ‘Free Kill’ is the only one of its kind in the nation.
The law prohibits adult children over the age of 25 from suing for pain and suffering damages on behalf of their single adult parent in cases of medical negligence resulting in death.
Similarly, as in Jenkins’ case, parents are unable to sue on behalf of their adult children over the age of 25.
“My path to justice is completely blocked. My child is a free kill in the State of Florida,” said Jenkins.
There have been efforts to repeal the carveout for years, but time and time again those efforts have failed.
This year at least three separate repealer bills have been filed.
State Senator Clay Yarborough (R-Jacksonville) is leading the charge in the Florida Senate.
<State Senator Clay Yarborough (1:00:57-1:01:02) R-Jacksonville>
“It shouldn’t matter on the accountability side how old you are, whether you’re married or how old your kids are.”
Yarborough also tried to repeal the law last year, but the legislation was derailed after an amendment was added that would have placed caps on pain and suffering damages for all malpractice cases.
But this year he’s hopeful a clean repeal can make it across the finish line.
“If there are changes that some want to make, if we have enough support we can do it. If not, we’ll try this avenue and see if we can do the clean repeal without caps,” said Yarborough.
Jenkins is cautiously optimistic, especially given Yarborough’s bill is scheduled for its first hearing on the first official day of the 2025 session.
The House bill is scheduled for its first hearing this Wednesday.
“I can’t bring Taylor back. I can’t change my family’s reality, but I want the day to come where no other person loses a loved one in a Florida hospital and sets out in their deepest grief you can ever imagine to make sure the responsible physicians are held accountable, only to find out they have no path to hold them accountable,” said Jenkins.
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