In some states, victims of medical malpractice can sue for millions of dollars to compensate their additional medical costs, lost wages, and psychological suffering as a result of the accident. In order states, the law clearly states that victims can only seek a certain amount of damages. This is so that the hospitals and nursing facilities won’t go bankrupt in satisfying claims for their mistakes. While this deal works out well for the hospitals, it is not as beneficial for the victims. In Kansas this month, the high court announced that they will uphold their cap on malpractice damages, despite opposition from advocacy groups who say that victims deserve more. Currently, there is a $250,000 limit on all medical malpractice claims at Kansas hospitals. This means whether a person has an accidental amputation or a misdiagnosis, a death or a poorly done surgery, the party can only seek $250,000.

The $250,000 cap only concerns non-economic damages. This means that if a person lost $1 million in lost wages, he or she would receive that compensation in addition to a maximum of $250,000 for pain and suffering. Because pain and suffering allegations can be subjective and confusion to investigate, this cap is mean to keep from letting some victims get a lot more than others who suffered the same condition but may have a higher pain tolerance. Amy Miller, a medical malpractice advocate, was one of the women who heavily opposed the cap and tried hard to reverse the 1998 law the created it. She argued that the cap wasn’t fair and that it violated the Kansas Constitution. The court did not agree.

When the government voted on the motion to remove the cap, it was struck down 5-2. Organizations like the AARP and the AFL-CIO were disappointed that the measure fell through, but encouraged the by the government’s suggested to raise the cap because of inflation. The Kansas Medical Society supports the cap, because they say that removing it would raise the medical costs in the state. They say that the doctor’s would have to pay out so much money in damages that they would have to raise the price for their services drastically.

Advocates for the cap removal wanted to imitate Missouri, which just lifted its $350,000 cap recently for non-economic damages. The Kansas Medical Society says that dissolving the cap would also remove many people’s desires to explore the less researched, specialized areas of medicine. Kansas’ medical malpractice cap was debated once again through a medical malpractice case involving Amy Miller. The woman went in for surgery to have her right ovary removed because of medical concerns. On accident, the doctors took out her left ovary, leaving her with the defective organ and robbing her of her working one. Angry about the mistake, she sued and won $760,000 in damages. $575,000 of that were non-economic damages. The judge overseeing the case then reduced the non-economic damages back down to $250,000 and Miller appealed the choice. This led to the debate and the proposition to eliminate the cap.

When the court decided that the cap should remain, Miller walked away with only $250,000 in economic damages. The doctor who was a defendant in the case says that he feels that the lawsuit was his victory. He is thankful that the court upheld the cap because he says it will protect him from financial ruin should he make more mistakes in the future. If you have been a victim of medical malpractice and want aid in pursuing compensation, then contact a medical malpractice attorney in your area. Depending on where you live, you may have to adhere to a state medical malpractice damages cap. If you live in a state without a cap, then you will be able to seek untold amounts for non-economic damages. Contact a medical malpractice attorney near you today for more information!