Kansas Medical Malpractice Statute of Limitations

Medical malpractice is a tragic situation that occurs when a medical professional makes an error in patient care that causes or leads to additional damage or injury.  A medical provider has a duty to provide a level of care that is consistent with the standards of other medical professionals under the same conditions and with the same level of expertise.  They are also required to provide treatment in a timely manner.  If a delay in treatment leads to greater injury or suffering, the medical provider may also be liable for those injuries.  If medical malpractice occurs, the plaintiff must file their suit for damages within the statute of limitations in the state in which the offense occurred.  The statute of limitations laws vary by state, but the state of Kansas generally requires that a medical malpractice suit be filed within 2 years of the date of the occurrence.

Time Limits for Filing a Claim in Kansas

While the statute of limitations requires that, in the state of Kansas, a medical malpractice suit be filed within 2 years of the date of the occurrence of the injury, there are exceptions in certain situations.  If the injury was not immediately discovered, the plaintiff has up to 4 years to file a medical malpractice claim.  In the case of a minor who is injured because of medical malpractice, they have 1 year after they turn 18, but not more than 8 years from the time the injury occurred, to file suit.  If the medical malpractice resulted in wrongful death, a suit must be filed within 4 years of the initial injury under Kansas statute of limitations laws.

Negligence Laws

While the standard statute of limitations requirement for medical malpractice is 2 years, or 4 years if the injury is not discovered immediately, there may be other opportunities for tolling, or putting those statutes on hold, which an attorney can help you to take advantage of, as necessary.  The statutes covering negligence laws are listed in the table below.

Award Limits in Kansas

Kansas has established a limit of $250,000 for non-economic damages, which can be recovered by each party from all defendants in a medical malpractice lawsuit.  Punitive damages are limited to the defendant’s highest gross income for either the prior 5 years or $5 million, whichever is less.  If the defendant’s profit from the negligence is more than that limit, the court, at its discretion, may increase the award to 1.5 times the profit instead of the limit.  The judge determines the punitive damages in these cases.

Legal Help

Any medical malpractice suit is an expensive and complex legal undertaking.  No one should take such litigation lightly.  Be sure to consult with an experienced attorney to help you determine if you have a case, and how to proceed.  The benefits to having a skilled attorney will undoubtedly outweigh the expense.