Kansas Lawmakers Debate Provisions in Bill Raising Medical Malpractice Damages Cap

A conference committee has been formed to attempt to resolve differences between the Kansas Senate and House regarding a bill that would incrementally increase the cap on noneconomic damages awarded in medical malpractice cases.

Kansas Senate Bill 311 would raise the current cap on noneconomic damages from $250,000 to $350,000 over a period of eight years, starting July 1.

The bill would also create separate court proceedings for determining whether expert witness testimony should be considered credible and shared with a jury, as well as allow jurors to hear testimony about whether an injured party's damages are covered by insurance before beginning deliberations.  

The Kansas House approved the bill after striking the provision allowing for testimony about a plaintiff's insurance coverage, and the conference committee has been formed to try and resolve the differences regarding the provision.

Both the Kansas Chamber and the Kansas Medical Society have endorsed — and continue to push for — all three of the bill's provisions, according to a Kansas Health Institute report. 

More Articles on Medical Malpractice Damages Caps:

Florida Supreme Court Rules Malpractice Damage Cap Unconstitutional
California Plaintiffs' Bar Sets Sights on Lifting Medical Malpractice Cap 
Missouri Passes $350k Cap on Malpractice Awards 

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