Burnette v. Eubanks

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In this medical malpractice action, the Supreme Court affirmed the jury’s verdict in favor of Plaintiffs on causation issues but reversed and vacated the $550,000 monetary award, holding (1) Plaintiffs established a causal link between Defendants’ inadequate medical treatment and the suicide of Defendants’ patient; but (2) the evidence supporting the economic damages losses impermissibly distorted the distinction between economic and noneconomic damages. Specifically, the Court held (1) the jury instructions on causation were legally and factually appropriate; (2) the expert testimony was legally sufficient to establish that Defendants’ negligence caused the patient’s suicide; but (3) the award of economic damages for “loss of attention, care, and loss of a complete family” failed the established standard that each item established as an economic loss must be capable of being valued using either expert testimony or the jury’s common-sense understanding about what an item of actual loss costs in the marketplace. See Wentling v. Medical Anesthesia Services, 701 P.2d 939 (Kan. 1985). View "Burnette v. Eubanks" on Justia Law