Kansas Medical Malpractice Lawyers

State

Statutes of Limitation

Limits on Damage Awards

Pre-trial Screening and Arbitration

Kansas

§60.513. 2 years from act or reasonable discovery, but can be up to 10 years after reasonable discovery.

§60.19a02. $250,000 limit on non-economic damages recoverable by each party from all defendants.

§60.3702. Punitive damages limited to lesser of defendant's highest gross income for prior 5 years or $5 million. If profitability of misconduct exceeds limit, court may award 1.5 times profit instead, Judge determines punitive damage.

§65.4901, §60.3502. Voluntary submission to medical screening panel upon request of party; panelists must include medical professional of same specialty as defendant.

Joint and Several Liability

Expert Witnesses

Kansas Malpractice Attorney Fees

Patient Compensation or Stabilization Fund

No separation of joint and several liability.

§60.3412. 50% of the expert's professional time over preceding 2 years must have been devoted to clinical practice.  

§7.121b. Attorney fees must be approved by court. 

§40.3403. Health Care Stabilization Fund pays claims over $200,000, maximum payout of $300,000 per year on claim. Mandatory participation by medical professionals.