Florida has been known for its outdated wrongful death laws, but a new bill is hoping to modernize them a little. The Florida House recently passed a bill that would extend personal injury and wrongful death laws to the unborn. This means surviving family members would be able to seek compensation for negligence to a fetus.
After a long debate, the bill, HB 1517, was passed on April 9 by a vote of 79-32. The next day, the Senate Appropriations Committee on Criminal and Civil Justice advanced a companion bill (SB 1284).
Both versions define an “unborn” person as a member of the Homo sapiens species who is carried in the womb and in any stage of development. The bill’s sponsor states that juries would be able to award monetary damages for the wages a fetus would have earned.
There are people for and against the bill. Supporters say the bill is great for new parents or vulnerable families who have lost a fetus due to wrongful death. Opponents, on the other hand, say the law is trying to enshrine the rights of the unborn in an attempt to end abortion across the country.
The bill’s sponsor, Sen. Erin Grall, says this is not true. She claims the measure is not about abortion but about equal rights in the civil justice system.
The Controversy
While it is great to see wrongful death laws expanding to include unborn children, giving fetuses these protections can affect abortion laws. What happens when a woman wants to abort a child at any point in the pregnancy? Will she be charged with murder?
The bill does specify that it does not authorize any action against a mother for the death of her unborn child. Also, health care workers allegedly will not face legal action if they provide “lawful” medical care that ends up killing the baby.
Still, a lot of fear remains. Many opponents of the bill believe it is possible that wrongful death lawsuits could target health care providers who offer abortions. They may feel that family and friends who help a loved one obtain an abortion could face criminal charges. How are fertility clinics affected when their clients experience a miscarriage? The fear of legal action could push more OB-GYNs to stop practicing in Florida entirely.
Many people fear that there are other motivations behind this bill that are not truly about equal rights. Lots of people believe that abortion and in vitro fertilization (IVF) will be affected in some way.
Florida considered a similar wrongful death measure last year, but it failed amid concerns about an Alabama Supreme Court ruling that frozen embryos can be considered children under state law. In fact, IVF was paused in Alabama until that state’s governor signed a law to protect the embryos.
Concerns about IVF services still linger. Because many IVF pregnancies come with risks such as miscarriage, this bill could make it so that there are many lawsuits. Lawmakers who voted against the bill worry that it is being weaponized against women who lose a child.
Florida’s Current Wrongful Death Laws
The state’s current laws regarding wrongful death are also controversial. In fact, they are known as “free kill laws.” The laws prevent some family members from filing lawsuits in wrongful death cases.
How? Florida Statutes §§ 768.16–768.26) states that medical negligence damages may not be recovered by a decedent’s adult children. The parents of an adult child also cannot recover compensation in wrongful death cases. Under the current law, a minor child is considered to be under 25 years old.
This means that if a person dies and they have no spouse, their children have no recourse if they are adults. Conversely, if a person over the age of 25 has no spouse or children, their parents are not entitled to anything either.
If the law seems harsh, that’s because it is. No other state has a wrongful death law quite like it. The law has been in place since 1990, and it is in dire need of an update. Lawmakers originally created the law to keep malpractice insurance premiums from rising. They also wanted to keep doctors from leaving the state. However, the law has done neither of these, and it really needs to be modernized.
Contact Us Today
Florida’s wrongful death laws are expanding, but they still can be tricky to navigate. When can you file a claim? Who is liable?
The Florida wrongful death lawyers at Brill & Rinaldi, The Law Firm, have the experience and dedication to help you obtain the compensation to which you are entitled. Life can be uncertain, but we can help it make sense. Schedule a consultation today by filling out the online form or calling (954) 876-4344. We have offices in Weston, Coral Gables, and Daytona Beach.