www.mozilla.com Weather Central
Voices
Headlines

Ballot measures -10/31/2014, 11:10 AM

Roberts not the answer -10/30/2014, 10:25 AM

See the signs -10/30/2014, 10:23 AM

Incumbents always win -10/30/2014, 10:23 AM

Convention center -10/30/2014, 10:23 AM

Schodorf for SOS -10/30/2014, 10:14 AM

Supermarket shenanigans -10/29/2014, 10:19 AM

Americans can fix the Senate -10/29/2014, 10:19 AM

A plea to city commissioners -10/28/2014, 8:58 AM

Having no price tag -10/28/2014, 8:58 AM

Leiker understands -10/28/2014, 8:58 AM

Justice doing his job -10/28/2014, 8:58 AM

Kansas and Greg Orman -10/28/2014, 8:58 AM

'Surplus' KDOT money needed in western KS -10/28/2014, 8:58 AM

Ready for a budget spin -10/28/2014, 8:58 AM

Dishonest mailing -10/28/2014, 8:58 AM

Changing Republicans -10/27/2014, 10:02 AM

Follow the votes -10/27/2014, 10:02 AM

Shameful attempts -10/27/2014, 10:02 AM

Slanderous ads repulsive -10/27/2014, 10:02 AM

Medicare experiment -10/27/2014, 10:02 AM

Profile, or die -10/27/2014, 10:02 AM

Important issues -10/27/2014, 10:01 AM

Politics at their finest -10/27/2014, 10:01 AM

Most important election -10/26/2014, 4:02 PM

Enough is enough -10/26/2014, 4:02 PM

Is Roberts on final lap? -10/26/2014, 4:02 PM

Democrat turned Brownback supporter -10/26/2014, 4:02 PM

Editor Bradlee; For it All, 'Thank You' -10/26/2014, 4:02 PM

Davis for governor -10/26/2014, 4:02 PM

Roberts a changed man -10/26/2014, 4:02 PM

Time to stay the course -10/26/2014, 4:02 PM

Embarrassing economists -10/24/2014, 9:13 AM

Sherow for House -10/24/2014, 5:07 PM

It can't get crazier (wanna bet?) -10/24/2014, 9:04 AM

Digital distractions -10/23/2014, 10:01 AM

Orman for Senate -10/23/2014, 10:01 AM

Federal persecutors -10/23/2014, 10:00 AM

More ed cuts coming -10/22/2014, 5:38 PM

Leiker is the answer -10/22/2014, 5:38 PM

Sun shining on schools? -10/22/2014, 5:38 PM

Airline a great addition -10/22/2014, 5:38 PM

Huelksamp: ideologue extraordinaire -10/22/2014, 5:38 PM

Kids do count -10/22/2014, 10:31 AM

Needing the past in the future? -10/22/2014, 10:31 AM

In praise of hunting -10/22/2014, 10:30 AM

What is a CID? Will it work for mall? -10/21/2014, 10:22 AM

Judging importance on the ballot -10/21/2014, 10:22 AM

Kansas Speaks -10/21/2014, 10:22 AM

Paying for schools -10/19/2014, 1:21 PM

Joining forces for Orman -10/19/2014, 1:21 PM

Research before voting -10/19/2014, 1:21 PM

Davis is moderate? -10/19/2014, 1:21 PM

The most important election in your lifetime -10/19/2014, 1:21 PM

Huelskamp stands out -10/19/2014, 1:21 PM

Kansas farm interests -10/19/2014, 1:21 PM

Keeping unfounded reports from 'going viral' -10/19/2014, 1:21 PM

The age of cynicism -10/18/2014, 9:02 AM

Preventable diseases -10/17/2014, 10:28 AM

Second term needed -10/17/2014, 10:28 AM

Kansans deserve better -10/17/2014, 10:28 AM

Officially killing Americans -10/17/2014, 10:27 AM

New era at FHSU -10/16/2014, 10:01 AM

Roberts is right choice -10/16/2014, 10:01 AM

Crumbling Constitution -10/16/2014, 9:52 AM

Redbelly's future -10/16/2014, 9:52 AM

Kansas deserves better -10/15/2014, 10:23 AM

Remember to vote on Nov. 4 -10/15/2014, 10:23 AM

You almost feel sorry for Sean Groubert -10/15/2014, 10:23 AM

Register to vote -10/14/2014, 10:14 AM

Living on that 70 percent -10/14/2014, 10:14 AM

New bullying problem for schools: parents -10/14/2014, 10:14 AM

Cheerios, marriage equality, the Supreme Court -10/13/2014, 9:49 AM

Wedded bliss -10/12/2014, 5:54 PM

Who is the real fraud? -10/12/2014, 5:08 PM

Teenagers 'make some noise' -10/12/2014, 5:08 PM

Not so private property -10/10/2014, 10:01 AM

Federal funding -10/10/2014, 10:01 AM

Teacher indoctrination -10/10/2014, 10:01 AM

Vote Republican -10/9/2014, 9:49 AM

Non-partisan politics -10/9/2014, 9:49 AM

Teen driver safety week Oct. 19 to 25 -10/9/2014, 9:04 AM

FHSU party -10/9/2014, 10:11 AM

Poverty in America -10/9/2014, 10:11 AM

Let the women serve -10/9/2014, 10:11 AM

Time for new direction -10/8/2014, 9:49 AM

Improving Kansas economically -10/8/2014, 9:35 AM

Water abusers -10/8/2014, 9:35 AM

Play safe on the farm -10/8/2014, 9:34 AM

Where the money comes from -10/7/2014, 10:24 AM

The president's security -10/7/2014, 10:24 AM

Marriage equality -10/7/2014, 10:24 AM

The sins of the father are visited -10/6/2014, 9:02 AM

Cannabis in America: The bottom line -10/6/2014, 9:20 AM

A reason to celebrate -10/6/2014, 9:20 AM

Gov. shields wealthy from paying for schools -10/5/2014, 2:07 PM

Passionate protest in defense of civil disorder -10/5/2014, 2:07 PM

October is time for baseball and, of course, film premieres -10/4/2014, 2:16 PM

Alley cleanup -10/3/2014, 10:01 AM

Will the West defend itself? -10/3/2014, 10:01 AM

myTown Calendar

SPOTLIGHT
[var top_story_head]

Putting a price tag on damages

Published on -3/25/2014, 10:13 AM

Printer-friendly version
E-Mail This Story

Interesting discussion during that House floor debate on the medical malpractice bill last week.

The bill, of course, is that idea of the Kansas Medical Society to raise the noneconomic damage cap slowly, from $250,000 to an eventual $350,000 for damages which, frankly, are just hard to put a price tag on.

The case was that of a woman whose surgeon removed the wrong ovary, meaning as a result of the malpractice, she can't have children. What's the price tag for that noneconomic loss? The court said the $250,000 cap on damages is legal, but doesn't feel right, and ought to be moved upwards.

Well, that was the basis for the bill, and there wasn't a lot of opposition to raising the cap.

But a sidelight of that bill was language that would allow juries to hear the victim of damages in any sort of lawsuit had "collateral sources" or some other source of compensation for the damages caused by someone else.

The result? Possibly a jury could determine if an injured party in any sort of action -- say, a car wreck with a drunk or texting driver -- has insurance, he or she would be made whole by their insurance, so the person who caused the accident shouldn't have to pay the full cost of the damages.

Juries now don't have that collateral source information.

Rep. Lance Kinzer, R-Olathe, convinced the House it shouldn't matter whether the victim of someone else's negligence or mistake has other sources of compensation: You cause the damage, you pay for all of it. It's a personal responsibility deal. You break it, you buy it.

Kinzer told the House it shouldn't matter whether your house is insured or not if someone sets fire to it. The person who started the fire should pay for the whole house. Or, if you are injured in a car crash and have insurance to cover your medical bills, well, the person who caused that accident should pay the full cost of those bills.

There's no suggestion in the bill the jury in a case would reduce damages based on those collateral source ... just it should know the injured party has been taken care of.

Sounds like it probably would make it cheaper to crash into a rich person's car than a poor person's car, if the victim's insurance is going to take care of the damages, doesn't it? A jury could factor in the rich or well-insured victim will get a new car anyway, while the poor person will become a pedestrian, so the well-insured victim doesn't need as much in damages.

This isn't just car crashes. It's mistaken legal advice that puts a client's investments at risk, or the apartment owner whose stairway is rotted.

The collateral source rule might just pare damage payments for those at fault -- or their insurers -- in an accident. Or not. But it would be floating around there in the jury room where it probably shouldn't.

We'll see how that amendment fares in the Senate, which had passed the bill that included the now-removed collateral source language.

Syndicated by Hawver News Co.

of Topeka, Martin Hawver is publisher of Hawver's Capitol Report.

digg delicious facebook stumbleupon google Newsvine
More News and Photos

Associated Press Videos

AP Breaking News
Kansas News