Kansas Medical Malpractice Laws

If the patient is under 18, the statute is tolled until the minor turns 18, then they have 1 year to file. The absolute outer limit is 8 years from the act giving rise to the cause of action.

If a medical malpractice screening panel is convened, the statute of limitations is tolled until 30 days after the panel issues its written recommendations.

The Kansas Supreme Court struck down the statutory cap on noneconomic damages (K.S.A. § 60-19a02) as a violation of the right to trial by jury. There is currently no enforceable cap on noneconomic damages in medical malpractice cases. Economic damages were never capped.

Same punitive damage caps as general personal injury apply. Capped at the lesser of the defendant's highest annual gross income from any of the 5 years before the act, or $5 million. Higher cap if misconduct profits exceed the standard cap.

Any healthcare provider named as a defendant may request the court to convene a medical malpractice screening panel. The panel reviews evidence and determines whether (1) there was a deviation from the standard of care and (2) whether a causal relationship exists between the deviation and the injury. The panel's findings are advisory, not binding. The SOL is tolled during proceedings.

An expert witness must have devoted at least 50% of their professional time to actual clinical practice in the same profession as the defendant during the 2-year period preceding the incident. This requirement was intended to prevent "professional witnesses" — the expert need not be in the same specialty, just the same profession.

The 50% bar comparative fault rule applies to medical malpractice. If the patient is found 50% or more at fault, they are barred from recovery entirely. Patient fault reduces damages proportionally below that threshold.