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.