Kansas Court Upholds Caps on Malpractice Damages
High court says $250,000 cap on pain-and-suffering damages does not violate the constitution.
The Kansas Supreme Court today upheld a state cap of $250,000 for pain-and-suffering damages in medical malpractice suits, saying the law does not violate the constitution, the Kansas City Star report.
The case was the result of a woman who won $760,000 -- including $400,000 in non-economic damages -- after doctors inadvertently removed a healthy ovary from her body. A judge then reduced her non-economic damages to $250,000, prompting her appeal.
The ruling comes on the heels of a decision by the Missouri Supreme Court that overturned a similar cap a month ago.
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