Health & Medical in Kansas
Key Kansas Law
Kansas Statutes Annotated Section 60-513(c)
Kansas requires medical malpractice claims to be filed within two years of the act or omission causing injury under K.S.A. § 60-513(c), with a four-year absolute repose period under K.S.A. § 60-513(d).
View official statuteProcedural Details in Kansas
Kansas Agencies & Resources
Kansas Board of Healing Arts
Licenses and disciplines physicians and other health care professionals in Kansas; investigates professional conduct complaints.
Kansas Department of Health and Environment
Oversees hospital licensing, patient safety, and health facility inspections in Kansas.
Kansas Insurance Department
Regulates health insurance and handles consumer complaints in Kansas.
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Kansas?
Kansas Code § 60-513(c) provides a two-year statute of limitations from the date of the malpractice, with an absolute four-year repose period. Missing the two-year or four-year deadline may permanently bar the claim regardless of when the injury was discovered.
Does Kansas cap non-economic damages in malpractice cases?
Yes. Kansas caps non-economic damages (pain, suffering, mental anguish) at approximately $350,000 per occurrence under K.S.A. § 60-19a02, adjusted periodically for inflation. Economic damages such as medical bills and lost wages are not subject to this cap.
Does Kansas require a certificate of merit before filing?
Kansas does not require a formal certificate of merit or pre-suit affidavit as a condition of filing. However, you will need a qualified expert to testify about the standard of care at trial. An attorney should be retained early to identify and prepare the appropriate expert.
How do I file a complaint against a physician with the Kansas Board of Healing Arts?
Complaints against physicians and health care professionals may be filed with the Kansas Board of Healing Arts at ksbha.org. The Board investigates and may impose disciplinary action, suspend, or revoke licensure. Board proceedings are separate from civil litigation.
Related Health & Medical Scenarios
Can I sue over incorrect or excessive medical bills?
Legal options when you receive incorrect, inflated, or surprise medical bills that violate billing regulations or the No Surprises Act.
Can I sue for wrongful death caused by medical negligence?
Legal options when a family member dies due to medical negligence, surgical errors, or hospital failures.
Can I sue for a medication or prescription error?
Legal options when pharmacy errors, wrong dosages, dangerous drug interactions, or failure to warn causes patient harm.
Can I sue for delayed cancer diagnosis?
Legal options when a physician's failure to timely diagnose cancer results in disease progression and reduced treatment options.
Have a Specific Situation in Kansas?
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