re: #274 kansas

Tort reform is about limiting frivolous lawsuits. Here in Kansas providers have to have malpractice insurance by law and pay into a general fund that covers amounts over their basic limits. The legislature passed a tort reform law that limits pain and suffering amounts to 250,000. Malpractice premiums here stabilized for about 7 years. There are two juries that awarded more, and those people are going to the Supreme Court arguing the constitutionality of the these limits. Every provider in the state has been notified to plan on a 12% increase if either of these cases result in overturning the limit. Every provider in Kansas will pay 12% more for 2 cases.

Texas passed a similar thing (constitutional amendment) awhile back, and it’s basically ended malpractice suits, since lawyers won’t take cases that might take a long time to litigate, and if they win, only get a chunk of $250,000. I think that limit is way too low, and the effect has been that it’s squashed the good cases along with the frivolous ones.