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What Can We Learn From Joan Rivers? Lessons on Medical Malpractice and the Florida “Free Kill” Law

Oh honey, let’s get real! The loss of Joan Rivers in 2014 was indeed a tragedy.

What was meant to be a simple, outpatient endoscopic procedure ended with Joan Rivers losing her life at 81. Her daughter, Melissa, claimed that the legendary comedian’s doctors were grossly negligent.

They allegedly performed a laryngoscopy in addition to the endoscopy without consent to the additional procedure (oy vey!).
Even more obnoxious, one of the doctors is said to have taken a selfie of Joan while she was on the table having the procedure (super tacky!)

So, what can we learn from this trailblazing queen of sass?

Let’s talk about Florida’s proposed changes to medical malpractice lawsuits.

Back in 1990, Florida enacted a provision that bars adults 26 and older and parents of adult children from suing for pain and suffering if their family members die due to medical malpractice.

This law, referred to as the “free kill” law (no joke!), was intended to:

Keep malpractice insurance premiums from skyrocketing
Prevent physicians from fleeing Florida

Lawmakers heard from both sides of the argument.

Opposition to the legislation argued:

It would lead to an influx of wrongful death lawsuits
It would result in higher insurance and healthcare costs

Supporters testified:

Dozens of Floridians who lost loved ones shared their stories
They had no legal recourse due to the 35-year-old law

Where things stand now

An amendment to the law capping medical malpractice awards to $1 million per incident—as a compromise—was narrowly rejected by the Senate one day before the final vote on May 1, 2025.

Unless vetoed by Governor DeSantis, the approved legislation will take effect July 1, 2025.