Florida mom fights 'free kill' law after daughter's death

Beth Miller’s Campaign to Repeal Florida’s Wrongful-Death Restriction

Beth Miller is campaigning to change a Florida law that bars certain family members from recovering damages when an unmarried adult over 25 with no minor children dies.

Miller’s daughter, Dawn, 49, died shortly after being discharged from a hospital following gallbladder surgery. Her records reportedly showed falling hemoglobin, sepsis, and poor kidney function. Dawn said she felt too weak to go home, but was discharged. She collapsed at home and was pronounced dead about two hours later.

Miller says the hospital denied her request for an autopsy and has not answered her questions. Forensic pathologist Dr. Gerald Feigin, who reviewed Dawn’s records, said she should not have been discharged and that an autopsy should have been performed. These are Feigin’s professional opinions; the report does not establish that medical negligence caused Dawn’s death.

Because Dawn had no spouse or children, Miller says she cannot seek compensation through a wrongful-death lawsuit. Critics argue that the law unfairly values some lives over others and weakens accountability.

Background on the Law

The law was enacted in 1990 amid claims that malpractice costs were driving doctors out of Florida. A later congressional report questioned some of those claims. State data cited in the report showed that medical licenses increased while the number of doctors per capita remained unchanged.

More recent stabilization in malpractice insurance premiums has been attributed to reforms passed in 2003, not the 1990 law. Florida nevertheless remains among the most expensive states for malpractice insurance.

A bill to repeal the law was prepared last year but did not pass. Miller continues to press for change so other families do not face the same barriers. Local legislators contacted for the report had not agreed to meet with the reporter.

Presenters and Contributors

• Reporter/presenter: Not named in the subtitles
• Beth Miller
• Dr. Gerald Feigin: Forensic pathologist
• Jordan Delsey: Trial attorney