By Adriana Bonansea-Frances, MD

During the 2025 legislative session, 254 bills passed both chambers of the Florida Legislature. One of these was the House Bill 6017, Recovery of Damages for Medical Negligence Resulting in Death. This bill sought to expand the availability of non-economic damages in wrongful death cases involving medical malpractice.

For 35 years, the Florida Medical Association (FMA) has successfully opposed similar efforts. Florida remains the only state with a law—referred to by critics as the “free kill” statute—that limits adult children and parents of unmarried adults over 25 from suing for pain and suffering. Enacted in 1990 as part of an expansion of the state’s Wrongful Death Act, proponents argued that without the restrictions, medical malpractice insurance premiums would skyrocket and drive physicians from the state.

Every year, a delegation of physicians from Miami-Dade County Medical Association (MDCMA) travels to Tallahassee to speak directly with lawmakers on critical healthcare issues. This legislative session, we met with several representatives and senators to explain why HB 6017 posed a threat to the state’s healthcare system. Despite this, and strong opposition from the FMA, Florida Chamber of Commerce, and multiple county and specialty medical societies, the bill passed unanimously in both the House and Senate.

In response, the medical societies of Miami-Dade, Broward, and Palm Beach counties coordinated a tri-county effort, sending a joint letter to Governor Ron DeSantis urging him to veto the bill.

At a press conference, Governor DeSantis announced his intention to veto the legislation, stating:

“What would this legislation do for the cost of health care in Florida, access to care in Florida and our ability to recruit and keep physicians? It would lead to higher costs for Floridians. It would lead to less access to care in Florida. It would make it harder for us to keep, recruit and maintain physicians in the state of Florida.”

Governor DeSantis justified his veto by explaining that the bill would increase healthcare costs without improving quality or access to care. He also pointed out that the legislation lacked caps on non-economic damages and that current law already provides a framework to hold “hold bad actors accountable.” His veto was a necessary step to protect the financial sustainability of healthcare, preserve access to care, and maintain the state’s ability to attract and retain physicians, especially as the physician shortage continues.

We should thank Governor DeSantis for vetoing this bill—it was the right thing to do. However, we must also recognize that this legislation will likely resurface in future sessions.

Now is the time to call all physicians and medical associations to action. We must work together to oppose any legislative initiatives that could negatively impact the quality of healthcare and jeopardize the physician-patient relationship. It is essential that we ensure all representatives and senators fully understand how such legislation could harm the future of medicine in our state.

A strong, unified voice is critical to protecting both our profession and the patients we serve. Let us continue to work together to protect the integrity of healthcare in Florida.

To learn more and get involved, visit miamimed.com.

 Dr. Adriana Bonansea-Frances is President of the Miami-Dade County Medical Association.