Kansas Supreme Court To Rule On Damages Cap

By: Associated Press Email
By: Associated Press Email

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Thursday, October 4, 2012

The Kansas Supreme Court is preparing to rule on a challenge to the state's 1988 law that limits damages for pain and suffering in civil lawsuits at $250,000.

The court says it will issue a decision Friday in the case of Eudora resident Amy Miller, who filed a medical malpractice lawsuit after her doctor removed the wrong ovary in 2002.

A jury in Douglas County District Court awarded Miller almost $760,000 in damages. The award included $400,000 for current and future non-economic losses, such as pain and suffering.

Because state law limits damages for non-economic losses, the judge reduced that part of the verdict to $250,000. Miller's attorneys contend the cap violates her constitutional rights.

Business and medical groups are supporting the law in friend-of-the-court filings.

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