Two Important Developments in Patient Rights Involving Medical Malpractice Cases

The Florida Supreme Court has ruled unconstitutional placing limits on damage awards given to families of patients who died as a result of medical errors. In Kansas, the state legislature has approved a measure that would increase the cap on damages a patient is able to receive as a result of medical malpractice. SB 311 aims to gradually increase the limit on damages that can be awarded for pain and suffering in cases of medical malpractice to $350,000 by 2022. The more than 25-year-old statute now caps those awards at $250,000. Both developments may signal a pro-patient trend regarding justice issues and medical malpractice.