What’s the value of a medical malpractice victim’s pain, suffering and mental anguish?
Victims of medical malpractice can seek damages for economic losses (i.e. medical bills and loss of income) as well as non-economic losses such as pain, suffering and mental anguish. But just who is it that decides what your pain is worth if you are injured in Kansas?
Despite the fact that many citizens believe that a jury of their peers are the one’s who have the right to decide the amount of damages in civil cases, that’s not true in Kansas. Kansas law limits damages for pain, suffering and mental anguish to $250,000, no matter what the circumstances might be, how long the person may have suffered, or what the jury finds is fair. On the other hand, Missouri, and many other states, have found such “caps” to be unconstitutional and studies reveal that arbitrary limits do not increase patient access to physicians, but leads to relaxation of care standards over time. For more information on a recent study, see http://centerjd.org/content/fact-sheet-new-studies-show-caps-damages-ruin-health-care.
If you have been a victim of medical malpractice, you need lawyers who thoroughly understand this area of law and can competently guide you through ever aspect of medical malpractice litigation. If you need us, we’re here to help. Contact Larry & Tina at 1-800-475-4140, for a free evaluation of your situation.