Posted On: March 8, 2010 by Ronald V. Miller, Jr.

Wrong Part Surgery Leads to Malpractice Cap Challenge

Looking to build on the momentum in Illinois, Kansas malpractice lawyers look to strike down Kansas' draconian $250,000 noneconomic damages malpractice cap.

The case is a classic wrong part surgery lawsuit:, a woman went in for right ovary surgery and had her left ovary removed. This is one of those cases malpractice lawsuit reform advocates do not have an answer for: the doctor may a surgical error that even a modicum of due care would have avoided.

Not surprisingly under these facts, the woman filed a medical malpractice lawsuit against the surgeon who operated on the wrong part of her ovaries and was awarded $760,000 in damages. But, consistent with the cap, the trial judge reduced relating to noneconomic damages.