A cap on any malpractice suit passed by Kansas State legislature has been upheld by the Kansas Supreme Court.<\/p>\n
The new law which caps any money paid out for what is called non economic damages to $250,000 was challenged, but a majority of judges on the Court body felt the law was correct and justified.<\/p>\n
The idea originally of the new law was aimed at trying to prevent plaintiffs claiming what was considered disproportionate damages for non economic factors such as injury and disfigurement, pain and suffering and mental anguish, none of which were deemed to affect the earning potential of claimants.<\/p>\n
The ruling came about after a woman took her medical practitioner to court when he mistakenly removed the woman\u2019s left ovary instead of the right ovary during surgery. She was awarded $759,679.74 in damages but this was reduced to comply with the Kansas Law. However the woman felt aggrieved that her economic circumstances were now heavily affected and wanted more money as compensation. As such the lady challenged the statute.<\/p>\n