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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