Back in the 1970s and 1980s, arguments for medical malpractice reform began to take shape. Proponents of reform felt that medical malpractice claims had caused insurance costs to skyrocket (for both health care providers and individuals) and that such litigation was causing a scarcity of health care providers, especially in rural areas. Proponents have also been opposed to juries determining the price of noneconomic damages.
As a result, laws were eventually put into place— and are still debated today— that limit or cap the amount that may be awarded for noneconomic damages. The noneconomic damages cap in Kansas is currently $300,000. Additionally, a bill that was approved by a House committee at the end of February 2017, H.R. 1215 (also known as Protecting Access to Care Act of 2017), would make it more difficult for victims to file lawsuits, would further protect negligent healthcare providers and would limit compensation for victims.
Our Take on Medical Malpractice Reform
The PHP Law Firm in Wichita, Kansas, recently helped a woman who was paralyzed due to medical malpractice following a routine traffic accident. She was previously enjoying retirement, was a farmer and a world traveler. Now, due to the negligence of others, she will live the rest of her life in a small town health facility, stripped of her independence. For PHP Law Firm attorney Ryan A. Prochaska, a $300,000 cap in compensation is far too limited in a case like hers.
“When you limit how much a jury can award a person with massive amounts of pain, suffering and those types of damages, you are harming the people who have suffered the most,” Prochaska said.
How We Help
The PHP Law Firm is passionate about helping victims of medical malpractice. “We, as a law firm, not only do our duty to represent our clients in the courtroom, but also at the state legislature,” Prochaska said. “We have to do what’s best for our clients in their personal case, but also at the state level. We fight all the time in order to do that.”
If you are a victim of medical malpractice, we urge you to contact us. We have years of experience fighting for the rights of such victims. We offer free consultations and will talk through your situation with you before making a recommendation. The PHP Law Firm does not charge a cent unless we win compensation for you.
Contact our team of medical malpractice attorneys directly at (316) 683-9080. We look forward to speaking with you!