TOPEKA | Attorneys will get another chance to argue that a Eudora woman deserves more of the money she was awarded after a doctor removed the wrong ovary during a 2002 operation.
Amy Miller was awarded $760,000 by a Douglas County jury, including $400,000 for noneconomic losses. But a judge reduced the noneconomic losses, saying such losses can't surpass $250,000. He also dropped $100,000 that jurors awarded for future medical expenses.
Miller's attorneys claim the $250,000 cap violates a person's constitutional right to trial by jury and infringes on the constitutional authority of the judiciary.
Insurance companies, doctors and businesses support the cap.
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Kansas Supreme Court Chief Justice Lawton Nuss ordered that new arguments in the case be heard Feb. 18.