A family continues fight against controversial law, reveals new findings in medical malpractice case

ORANGE COUNTY, Fla. — More families are coming forward, shedding light on a controversial law that prevents some people from seeking justice in cases of medical malpractice.

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9 Investigates has been looking into Florida’s so-called “free kill law” for more than a year. This law limits who can sue in a medical malpractice case.

Lauren Korniyenko and Darcy McGuill’s mom fell and broke her hip in August of 2023; they assumed she would spend a couple of days after and head home for rehab and recovery. But two days after surgery, they got a call that she died.

READ: More families speak out about a controversial law they say does not hold hospitals accountable

The sisters received word that one of the investigations on their mother’s death has come back.

The investigation was done by a third party for Medicare. 

The family told Channel 9 they laid out ten issues, including that their mother had a high temperature and difficulty breathing. 

READ: Woman faces issues with Social Security benefits after vocal cord surgery

Channel 9 was told, reviewers could only go by medical records they have from the case, so only those things were looked at.

The report Loren Korniyenko shared with us shows that investigators found that her mother was at high risk for infection and that the doctor failed to identify changes.

Investigators ruled that hospital staff did meet the standard of care but assured them that follow-up with the doctors happens separately and could include some training. They also said there are no serious consequences in these types of findings.

Leaving this family again trying to figure out how to hold someone accountable, not just for their family but for others.

More families speak out about a controversial law they say does not hold hospitals accountable (WFTV)

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