Kansas Court Upholds Cap on Malpractice Damages

$250,000 maximum for pain and suffering


The Kansas Supreme Court has upheld a $250,000 cap on noneconomic damages in medical malpractice cases.

The Kansas legislature passed the cap, which limits awards for pain and suffering, more than 20 years ago. Amy Miller, a woman who sued after her doctor removed the wrong ovary, challenged the constitutionality of the cap.

The justices heard arguments three years ago, then reheard them in February 2011. They upheld the cap in a 5-2 vote.