Articles Posted in medical negligence

Jeffrey P. Gale, P.A. // Nursing Home Is Not Itself A Health Care Provider For Purposes Of Florida Statute 766.102
Jeffrey P. Gale, P.A.

Under Section 400.022, Florida Statutes (2025), nursing home residents are guaranteed specific rights. Licensed facilities must publish these rights and ensure that residents are treated in accordance with them. If a facility violates these rights and a resident suffers injury or death as a result, the facility may face legal proceedings. Although nursing homes are…

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Jeffrey P. Gale, P.A. // Florida’s “Free Kill” Law: A Legal Loophole That Still Denies Grieving Families Justice
Jeffrey P. Gale, P.A.

Since 1990, Florida has enforced a statute commonly referred to as the “Free Kill” law. Codified at Section 768.21(8) of the Florida Wrongful Death Act, this provision creates a glaring exception in an otherwise remedial framework intended to support grieving families. The legislative intent behind the Wrongful Death Act, as stated in Section 768.17, is…

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Jeffrey P. Gale, P.A. // Proxy Republican Legislators Kill Efforts to Abolish Florida’s “Free Kill” Medical Malpractice Law
Jeffrey P. Gale, P.A.

Since 1990, Florida has maintained a statute that has come to be commonly referred to as the “Free Kill” law. The statute, section 768.21(8), is located in the damages portion of the Wrongful Death Act. The legislative intent of the Wrongful Death Act is set forth in section 768.17: It is the public policy of…

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