Kansas

Statute of

 Limitations

 Medical Claim Generally:

The statute of limitations for medical malpractice is two years from the time the injured person can reasonably know they were harmed. However, the claim cannot be filed more than four years after the incident. The two-year period begins when the injured person can reasonably know they were harmed. This could be later than the date of the injury if the harm was not immediately obvious.

 Minors:

Minors have one year after turning 18 to file a medical malpractice claim, but may not file later than “eight years beyond the time of the act giving rise to the cause of action.” [Kan. Stat. Ann. § 60-513(a)(5)]

 Wrongful death:

The statute of limitations for wrongful death in Kansas is two years [Kan. Stat. Ann. § 60-513(a)(5)]

 Damage Caps

There are no caps on economic damages but Kansas caps noneconomic damages to an amount determined by the date the malpractice occurred. [Kan. Stat. Ann. § 60-19a02] Kansas also has a cap on punitive damages based on the defendant’s income. [Kan. Stat. Ann. § 60-3702] Wrongful death damages are capped at $250,000. [Kan. Stat. Ann. § 60-1903]

As of July 1, 2022, the cap on non-economic damages in medical malpractice cases in Kansas is $350,000. This cap applies to damages for pain and suffering, mental anguish, and loss of quality of life. Kansas also has a cap on punitive damages, which are meant to punish the wrongdoer. The cap on punitive damages is the lesser of the defendant's highest annual gross income in the past five years, or $5 million.

 Attorney Fee Caps

“Compensation for reasonable attorney fees for services performed in an appeal of a judgment in any such action to the supreme court shall be approved after an evidentiary hearing by the departmental justice for the department in which the appeal originated. In determining the reasonableness of such compensation” based on a list of considerations. [Kan. Stat. Ann. § 7-121b] 

 Pre-suit   Requirements

Kansas requires a hearing before a panel before filing a medical malpractice claim [Kan. Stat. Ann. §§ 65-4901]

 Expert  

 Qualifications

“No person shall qualify as an expert witness on such issue unless at least 50% of such person's professional time within the two-year period preceding the incident giving rise to the action is devoted to actual clinical practice in the same profession in which the defendant is licensed.” [Kan. Stat. Ann. § 60-3412]

 Negligent Credentialing   Claims

The Kansas Supreme Court denies claims for negligent credentialing that are based on agency and corporate liability. [Lemuz v. Fieser]