A June 24, 2019 post at ThePopTort points out that the Supreme Courts of both Kansas and Oklahoma recently struck down damages cap statutes in their states. A related “fact sheet” provides a cogent summary of rulings on damages cap statutes. In short, caps remain common for medical malpractice statutes (24) but only 9 exist

A new study highlights an irony as to the value (or not) of damages caps in medical malpractice cases as a tool for adjusting the supply of physicians in geographic areas or medical specialities. The new study finds no empiric support for the caps, with high confidence intervals. There is irony in the report because

Advocates of damages caps in medical malpractice cases seldom, if ever, confront the gross unfairness of leaving on one person the economic burden of a medical error. That risk instead can and should be spread to many since actuaries say they can predict the general patterns of medical treatments and error rates, and can provide