Kansas Malpractice Laws

Limits on Malpractice Damages

Kansas caps awards of noneconomic damages at $250,000.00. Punitive damages are limited based upon a defendant’s past income, and are capped at $5 million.

Collateral Source Rule

For Kansas malpractice laws , under a traditional collateral source rule, a defendant may not seek to reduce its liability by introducing evidence that the plaintiff has received compensation from other sources, such as the plaintiff’s own insurance coverage. For medical malpractice cases in Kansas, payment from collateral sources is admissible where the plaintiff seeks damages of $150,000.00 or more.

Rules for Expert Witnesses

At least 50% of a medical expert’s time over the preceding two years are required to have been devoted to clinical practice.

Joint and Several Liability

Under the rule of joint and several liability, where more than one defendant is found liable for the injury suffered by a plaintiff, each defendant is individually liable for the entire amount of the judgment such that if one defendant is unable to pay the other defendant or defendants  are liable for the entire amount of the judgment.

Statute of Limitations

Medical malpractice actions must be commenced within 2 years from the reasonable date of discovery, to a maximum of four years from the date of the wrongful act or omission. Under Kansas law, a minor may commence an action within one year of his or her eighteenth birthday, but not more than eight years after the date of the act underlying the malpractice claim.

Limits on Attorney Fees

Attorney fees must be approved by the court.

Additional Rules

*There is voluntary submission of malpractice claims to a screening panel upon the request of either party. The findings of the screening panel are admissible at trial.

*The Health Care Stabilization Fund pays out claims over $200,000.00, with a maximum payment of $300,000.00 per year.