Last Friday, the Kansas Supreme Court upheld a $250,000 cap on non-economic damages in cases of medical malpractice. The ruling came after the Court held that the cap did not violate the state’s constitutional right to a jury trial.
The case regarded Amy Miller, who was awarded $575,000 in non-economic damages by a jury after a surgeon removed her left ovary instead of the right one.
Caps on non-economic damages have been criticized by groups such as the AARP who say that caps disproportionately affect the elderly and the poor. They generally do not have high incomes and thus do not have high economic losses, and must rely primarily on non-economic personal injury damages in order to receive fair and just monetary compensation.
In its decision, the Kansas Supreme Court did call on the Kansas legislature to raise the cap because of inflation. The cap has not ever been raised since it was first passed in 1987.
Have you or a loved one suffered personal injuries or even a wrongful death because of medical malpractice? If so, please call 617-787-3700 to schedule a free and confidential consultation with one of our Boston, MA medical malpractice lawyers, Boston, MA personal injury lawyers or Boston, MA wrongful death lawyers.
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