The Kansas Medical Society, the Kansas Medical Mutual Insurance Company (KAMMCO), and the Kansas Hospital Association have been carefully reviewing the Kansas Supreme Court’s recent Hilburn ruling.
In it, the Court ruled that state laws limiting non-economic damages (pain and suffering) in civil cases are now unconstitutional. It is not yet clear how the ruling might impact medical malpractice cases.
“The elimination of the caps on pain and suffering awards could have wide-ranging impact,” KMS officials said. “The longer-term, gradual effects of this change are more challenging to quantify but they could be substantial.”
The ruling and its potential impact will be discussed at the KMS annual meeting on Sept. 7 at the Wichita Hyatt Regency.