The Kansas Supreme Court has upheld the state law that caps the damages awarded in medical malpractice cases.  The long-awaited ruling found that the $250,000 cap on non-economic damages — damages awarded for pain and suffering — did not violate the Kansas Constitution.
The 5-2 ruling was a victory for the state’s medical and business community and a loss for trial lawyers and organizations including AARP and the AFL-CIO. The justices did, however, suggest state lawmakers raise the cap in recognition of decades of inflation

Read more here: http://www.kansascity.com/2012/10/05/3849007/kansas-high-court-upholds-malpractice.html#storylink=cpy. The Kansas Supreme Court’s decision is directly contrary to the Missouri Supreme Court decision on pain & suffering damage caps. The Missouri Supreme Court found  a $350,000 limit on jury awards for “pain and suffering” in medical malpractice cases unconstitutional. The cap on malpractice awards was established by a 2005 state law that was   part of a “tort reform” push.

In a 4-3 decision, the Missouri Supreme Court  said the cap “infringes on the jury’s constitutionally protected purpose of determining the amount of damages sustained by an injured party”