A recent incident involving a Florida surgeon removing a liver when he was meant to remove a spleen has brought Florida’s so-called “free kill” law , which is a strange outlier among wrongful death laws across the country, back into the spotlight.
On Aug. 21, medical records provided by Zarzaur Law show that Dr. Thomas Shaknovsky performed a hand-assisted laparoscopic splenectomy procedure on William “Bill” Bryan, 70, from Muscle Shoals, Alabama.
Bryan’s family claims that during the surgery, the surgeon mistakenly removed his liver rather than his spleen , resulting in his death.
While this might seem like a clear-cut case of malpractice, Florida’s “free kill” law is a legal wall for adult children and other surviving families seeking legal recourse in cases where they believe malpractice may have taken place.
Here’s what to know about Florida’s “free kill” law.
What is Florida’s ‘free kill’ law?
Florida’s “free kill” law is a provision in Section 768.21 in Florida Statutes that prohibits adult children and parents from filing medical malpractice lawsuits against doctors or hospitals when the victim is 25 years old or older.