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Kansas Supreme Court Upholds Damage Award Cap

scokan justicesKansas Supreme Court Justices Lee Johnson, Eric Rosen, Carol Beier and Marla Luckert, shown in January 2012. (Photo Credit: John Hanna/Associated Press)The Kansas Supreme Court has upheld a controversial law that limits the amount juries can award to victims of medical malpractice. More on today’s (FRI) ruling from Jim McLean of the KHI News Service.


text of audio:

The much-anticipated ruling upholds a 25-year-old law that limits pain and suffering awards in malpractice cases. The law was put in place to hold down the malpractice insurance premiums paid by doctors. The case involved a Douglas County woman – Amy Miller – who sued her doctor in 2004 for removing the wrong ovary.  A jury awarded Miller $760,000 in damages, but a lower court judge reduced that to $250,000 – the maximum allowed under the cap. Miller challenged the decision, saying the cap was unconstitutional. But the high court concluded that state had a “rational basis” for limiting damage awards.


 For the KHI News Service and Kansas Public Radio, I’m Jim McLean."


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