The Kansas Supreme Court upheld arbitrary caps on non-economic damages in medical negligence cases in a ruling, Miller v. Johnson, on Friday. Kansas’ cap of $250,000 is a one-size-fits-all approach that ignores the patient’s suffering, loss and necessary future treatment. These caps also discriminate against stay at home parents, the elderly, and the disable because these folks generally have low amounts of economic damages.
Caps limit the rights of patients, which doesn’t address the real problem of medical errors. The focus needs to be on preventing errors and keeping patients safe. Find out more on preventable medical errors and the role of the civil justice system here: http://www.justice.org/MedicalNegligence.
For more information on states that have declared caps unconstitutional, check out this chart.