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    You are at:Home»State News»Kansas Supreme Court to Rule in Civil Lawsuit Challenge

    Kansas Supreme Court to Rule in Civil Lawsuit Challenge

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    By KMAN Staff on October 4, 2012 State News

    TOPEKA, Kan. (AP) The Kansas Supreme Court is preparing to rule on a challenge to the state’s 1988 law that limits damages for pain and suffering in civil lawsuits at $250,000.

    The court says it will issue a decision Friday in the case of Eudora resident Amy Miller, who filed a medical malpractice lawsuit after her doctor removed the wrong ovary in 2002.

    A jury in Douglas County District Court awarded Miller almost $760,000 in damages. The award included $400,000 for current and future non-economic losses, such as pain and suffering.

    Because state law limits damages for non-economic losses, the judge reduced that part of the verdict to $250,000. Miller’s attorneys contend the cap violates her constitutional rights.

    Business and medical groups are supporting the law in friend-of-the-court filings.

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