Kansas Lawmakers Vote to Increase Medical Malpractice Damages Cap

A Kansas Senate bill that aims to gradually increase the limit on damages that can be awarded for pain and suffering in medical malpractice cases has cleared both the Kansas House and Senate and is awaiting signature from Gov. Sam Brownback (R).

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 medical malpractice noneconomic damages cap has been the source of a lengthy court battle in Kansas. In 2012, the Kansas Supreme Court ruled the $250,000 cap was constitutional, but the cap is still a divisive issue.

Some opponents of the bill, including trial attorneys, have argued there shouldn't be a damages cap on noneconomic damages.

However, the Kansas Medical Society has endorsed the bill and supports having a damages cap in place, even a raised cap, as a way to keep down the costs of running a medical practice.

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