Kansas Supreme Court Upholds Statutory Limit on Noneconomic Damages for P.I. Plaintiffs

On August 12, 2012,  I blogged on how the Missouri Supreme Court struck down its noneconomic damages cap as an unconstitutional interference with the right to trial by jury. You can read it here:

http://delong.typepad.com/annmariemarciarille/2012/08/medmal-damages-caps.html.

Now the Kansas Supreme Court  has upheld its cap as consistent with a valid public interest objective. You can read Miller v. Johnson here: http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2012/20121005/99818.pdf

Interestingly, the Kansas Supreme Court expressed some skepticism about "the conflicting evidence regarding the existence and causes of the medical malpractice insurance and liability insurance 'crises' and whether there is any necessity for, or efficacy of, a cap on noneconomic damages." The Court then cites to Kansas precedent establishing that legislative choice may be based on rational speculation unsupported by evidence or empirical data.

I, myself, am still looking for some Kansas or Missouri data — specifically a retrospective study on the relationship between medical malpractice insurance rates over time in relationship to noneconomic damages caps. 

 

 

One comment

  1. ” specifically a retrospective study on the relationship between medical malpractice insurance rates over time in relationship to noneconomic damages caps.”
    Good luck with that. Supporting evidence is most likely to be found in the same place as the documentary evidence of unicorns, hippogriffs, and airborn porcine creatures.
    Try Biblical Archeology Review or the Fortean Times.

    Like

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