On Monday, October 9th, 2023, Representative Johanna López (D-Orlando) filed House Bill 129, the Keith Davis Family Protection Act, with prime co-sponsor Representative Mike Beltran (R-Hillsborough). HB 129 is an act relating to damages recoverable in wrongful death action, a bipartisan bill that works to ensure families are able to seek justice when a loved one is lost due to medical malpractice. Currently, Florida is the only state in the nation with a “legalized negligence, free-kill” law. Representative Johanna López and Representative Mike Beltran are working to change that.
The bill honors Keith Davis, the father of Sabrina Davis, who passed away as a result of medical malpractice. Sabrina Davis, an advocate who has assembled a coalition of people personally impacted by Florida’s “free-kill” law, has advocated for the passage of this bill in the past three legislative sessions.
“Our Floridians deserve to have the same rights as others across the nation. The bill will allow the parents and descendants to be remunerated in case of medical malpractice that results in the death of a loved one. We are the only state that does not have this law. Let’s be fair and make it happen,” said Representative Johanna López on her decision to bring the bill again this session.
Representative Mike Beltran came on as a prime co-sponsor of HB 129 because he believes that the Freekill law should be repealed. “This law excluding a class of persons from the protections the rest of us enjoy, finds no analogue in the other 49 states. The Freekill law perversely incentivizes physicians. Patients harmed by malpractice can sue, whereas physicians who kill patients covered by the Freekill law enjoy immunity from suit. Freekill excludes a segment of the population from protection even though reforms decades ago curbed any abuse of the malpractice laws. The law makes scant sense, is antiquated, solves no problems, and creates unfairness.”
“My Dad was a family man, he instilled values in me that I’ll have for the rest of my life. While serving his country in the Navy, he fought for our freedom. Now I’m fighting to restore the freedom for all families to access the civil courts in cases of medical malpractice. It’s time the legislature revisit this 33-year-old law & cultivate a solution. Despite the marital status or age of someone’s child, when it comes to human life, accountability is non-negotiable,” said Sabrina Davis.
For inquiries regarding the Keith Davis Family Protection Act reach out the Representative Johanna López’s Acting Legislative Aide, Alexis Dorman, at [email protected].
