Earlier this year, Kansas Governor Sam Brownback signed a bill to approve raising the state’s cap on medical malpractice damages. The bill was signed into law in May, after both houses of the Kansas state legislature passed a proposal to raise Kansas’ existing cap on pain and suffering damages. The cap, which had been in place for 25 years, will increase from $250,000 to $350,000 by 2022.
Pain and suffering damages are a crucial component of noneconomic awards, which generally apply to damages victims and families suffer. Examples of noneconomic damages include pain and suffering, mental anguish, loss of enjoyment or quality of life, and loss of companionship, among others.
Damages caps in medical malpractice cases have been a controversial issue in recent years, with many states passing laws to increase or overturn limits. In 2012, the Kanas Supreme court ruled that the state’s $250,000 cap was constitutional. Still, lawmakers voted to increase the cap. Kansas doctors also supported the cap-raising bill.
According to experts, doctors supported raising the cap because it creates a middle ground. By vehemently opposing higher caps, as doctors in other states have, it creates risks for overturning caps altogether, which was the case in Missouri in 2012.
At The Law Offices of Dr. Michael M. Wilson M.D., J.D. & Associates, our medical malpractice lawyers strive to secure the maximum compensation for our clients. If you would like to discuss your case and learn more about your rights and how we can help, contact us today for a free consultation.
Dr. Michael M. Wilson is an attorney and a physician who earned his undergraduate degree from the Massachusetts Institute of Technology and his legal and medical degrees from Georgetown University. He has focused in the area of medical malpractice for more than three decades and secured more than $100 million in settlements and verdicts on behalf of clients throughout the country. He is admitted to practice in the District of Columbia and New York as well as the U.S. Court of Appeals for the District of Columbia and the U.S. Supreme Court. He is listed in America’s Top 100 High Stakes Litigators.