Medical Attorney Fights against Damages Cap in Kansas
A Kansas medical lawyer and his client, who sued for medical malpractice when a surgeon removed the wrong ovary in error, are fighting back against the medical damages cap law in their state, arguing that it’s unconstitutional.
A jury awarded the victim, Amy Miller, a total amount of $759,680 to be divvied up as follows:
- $250,000 for noneconomic losses
- $150,000 for future noneconomic losses
- $84680 for medical expenses
- $100,000 for future medical expenses
- $175,000 for loss of services as a spouse
Given the high cost of medical care, and the severity of the medical error, it would appear to most people that this verdict was more than fair. In fact, it is quite small in comparison to some medical malpractice awards that reach into the multi-million dollar range.
Because of Kansas law, however, which states that non-economic damages cannot exceed $250,000, the judge overseeing the case reduced the verdict to remove the $150,000 set aside for future non-economic damages and the $100,000 for future medical expenses.
Miller and her medical attorney are not taking this sitting down. They have filed an appeal and will have an opportunity to argue their case in front of the Kansas Supreme Court.
What they are fighting for is the rights of victims who have already lost so much at the hands of a negligent medical professional. Damage caps only serve to hurt those who need relief the most, as in this case.
The results of this battle will be relayed when the case is concluded.