A Topeka Chief Justice ordered on Friday for re-arguments to begin in the Kansas Supreme Court on a highly watched medical malpractice lawsuit to begin on February 18th. The Kansas Supreme Court first heard arguments in this case in October of 2009 and has not issued a decision.
A source disclosed that the case is based on a Eudora woman who went in for surgery to have her right ovary removed in 2002. Instead, the surgeon removed her left ovary. The woman sued for malpractice, and in 2006 the Douglas County jury returned a verdict of $759,680. This award includes medical expenses, non-economic losses and future non-economic losses, future medical expenses, and loss or impairment of services as a spouse. The non-economic losses were awarded for pain, disability, suffering, mental anguish and physical disfigurement.
According to a report, a District Court Judge slashed several of the award amounts because of a Non-economical cap that is in place. The woman’s attorneys claim that this has violated her personal constitutional right to a trial by jury, and infringes on the constitutional authority of the judiciary. Doctors, businesses and companies support the cap, saying that it keeps health care and insurance costs down.
A rep stated that since the case was first heard in the Kansas Supreme Court that changes have been made to the judges who will review the case. One passed away, and one has asked to excuse him from the case, and will be replaced by someone else. The woman has currently not received any compensation from her case. Doctors in Nassau and Suffolk are aware of this case.
If you or a family member has suffered a medical malpractice case like this one, a New York Medical Malpractice Attorney can help you to receive the compensation you deserve. A New York Medical Malpractice Attorney will review your case, and get you the justice you need.