Medical Malpractice Rules in Kansas
The deadline to file a medical malpractice claim in Kansas, the discovery rule, and caps on damages.
Short answer: A claim arising from a health care provider's professional services must be filed within two years. The claim accrues at the time of the act, unless the injury is not reasonably ascertainable until later, in which case the two years starts when it becomes reasonably ascertainable; Kan. Stat. Ann. § 60-513(a)(7), (c)
| Medical malpractice deadline | A claim arising from a health care provider's professional services must be filed within two years. The claim accrues at the time of the act, unless the injury is not reasonably ascertainable until later, in which case the two years starts when it becomes reasonably ascertainable; but no action may be filed more than four years after the act. |
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| Medical malpractice caps | Kansas does not have a separate malpractice-only cap in the sections reviewed. The general personal injury non-economic cap in § 60-19a02 ($350,000 for claims accruing on or after July 1, 2022) covers actions for personal injury or death, but the official annotations report the Kansas Supreme Court held it unconstitutional in Hilburn v. Enerpipe Ltd. (2019). The $250,000 limit on non-pecuniary wrongful death damages in § 60-1903 applies to wrongful death claims. |
More Kansas personal injury & wrongful death
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- Wrongful Death Lawsuits in Kansas
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FAQ
What is the statute of limitations for medical malpractice in Kansas?
A claim arising from a health care provider's professional services must be filed within two years. The claim accrues at the time of the act, unless the injury is not reasonably ascertainable until later, in which case the two years starts when it becomes reasonably ascertainable; but no action may be filed more than four years after the act.
Is there a cap on medical malpractice damages in Kansas?
Kansas does not have a separate malpractice-only cap in the sections reviewed. The general personal injury non-economic cap in § 60-19a02 ($350,000 for claims accruing on or after July 1, 2022) covers actions for personal injury or death, but the official annotations report the Kansas Supreme Court held it unconstitutional in Hilburn v. Enerpipe Ltd. (2019). The $250,000 limit on non-pecuniary wrongful death damages in § 60-1903 applies to wrongful death claims.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.