Florida Mother Lost Her Daughter Because of Medical Negligence. She Tried to Sue the Hospital but Couldn’t Because Her Daughter Became a ‘Free Kill’

Medical negligence is a nightmare scenario for any parent—to know that their child died a preventable death all because a hospital failed to meet their needs. This is the case with a woman from Florida named Cindy Jenkins (@cindy_jenkins), who told TikTok that she tried to file an unlawful death suit for her daughter’s sake. But because of an egregious state law, Cindy couldn’t pursue the case.

“If you’ve never heard of Florida’s Free Kill Law, chances are, the people you know have never heard of it either,” Cindy said. As sinister as the law’s title is, it’s not common knowledge either for those out of state.

“I learned about it when I was sucked into a reality I didn’t even know existed a few years ago,” she said. Cindy explained that her daughter, Taylor, was rear-ended at a red light. Because of this, Taylor was brought to the nearest hospital.

“She was rushed to the closest hospital, where she was the victim of confirmed reckless medical negligence and neglect,” Cindy said. To confirm this, Cindy paid for a private autopsy to determine the cause of her daughter’s death. She also claimed that the cause of death listed by the hospital “did not exist.” By that, Cindy meant that she was unconvinced by the reasons the hospital gave her.

“And I also have a sworn affidavit from a well-credentialed physician that outlines the reckless negligence and neglect that cost her life,” Cindy claimed. Needless to say, the mother did everything she could in her power to build a case against the hospital. She set out to hold the doctors and hospital accountable for what they’d done to Taylor.

A victim of the Free Kill Law

Cindy was going to sue for both justice and truth behind her daughter’s death. However, attorneys kept asking her three odd questions.

“I was asked the same three questions by attorneys,” Cindy said. First, she was asked how old Taylor was at the time of her death. Cindy said her daughter just turned 25 years old. Second, the attorneys inquired if Taylor was married. Cindy responded that although she had a boyfriend and that they were about to get engaged, her daughter was unmarried. Third, they asked Cindy if Taylor had any children. Taylor died without any children.

“And that’s when I learned that in the state of Florida, if you are 25 or older, you’re not married, and you don’t have children under 25, you are what’s considered a Florida Free Kill,” Cindy revealed. She found out upon the death of her daughter, whom she hoped to get justice for.

TikTok asks why the law was invented

The revelation is grim, and TikTok users were horrified that such a law could even exist. One commented, “The more I learn about the US, the more horrified I am.”

Others said that this law was dehumanizing and unjust against single women without children. Another asked why the law even exists in the first place. All are valid concerns, but the law doesn’t cover women only. It also targets those who are older than 25 and without children. The elderly are just as vulnerable to the Floridian law.

According to Schackow & Mercadante, children of parents aged 25 or older will also be unable to sue for the wrongful death of their parent due to medical negligence. Both groups of people are unable to file an unlawful death claim. Historically, the firm explained that the law was conceived to reduce malpractice insurance premiums and prevent doctors from leaving the state. However, the law is now shielding medical practitioners from facing accountability.

Although there was an attempt to do so, incumbent Gov. Ron DeSantis vetoed a bipartisan bill that would have repealed Free Kill. Thus, the law stays in place, preventing parents like Cindy from getting justice for her daughter.

(featured images: SHVETS production, Cindy Jenkins, Katrin Bolovtsova)

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