Kansas Medical Malpractice Laws: What You Need To Know

Medical malpractice is a legal term that refers to instances where health care providers deviate from the standard of care in their field of practice, and as a result, cause harm to patients. Medical malpractice can cause immense physical, emotional, and financial harm to patients and their families. If you or a loved one have been a victim of medical malpractice in Kansas, it is essential to understand the state’s laws surrounding medical malpractice.

The Statue of Limitations

The statute of limitations is the time within which a victim can file a medical malpractice lawsuit. In Kansas, the statute of limitations for medical malpractice is two years from the date the injury occurs or the date the injury should have reasonably been discovered. If the injury is not discovered within that time frame, the lawsuit must be filed within four years from the date the malpractice occurred. There are a few exceptions to this rule, such as in the case of minors, mentally ill patients or if the malpractice was fraudulent or intentionally concealed.

In cases where the patient dies as a result of medical malpractice, their heirs or estate has two years from the date of death to file a wrongful death lawsuit in Kansas.

Insurance Requirements

Kansas law requires health care providers to have professional liability insurance coverage, with a minimum limit of $200,000 per occurrence. However, some health care providers are not required to carry insurance, such as government-employed health care providers.

Expert Witness Testimony

Kansas law requires that a medical malpractice plaintiff obtain an expert witness opinion prior to filing a lawsuit. The expert witness must be a licensed health care provider with experience in the same field as the defendant. The expert witness is tasked with providing an opinion on whether the defendant fell below the standard of care for their field of practice and whether that breach of the standard of care caused the plaintiff’s injuries.

Damage Caps

Kansas has a cap on non-economic damages in medical malpractice cases, which includes damages such as pain and suffering, emotional distress, and loss of enjoyment of life. The non-economic damages cap is set at $350,000, and it applies to each injured plaintiff in a case. However, there is no cap on economic damages, such as medical expenses and lost wages.

Comparative Negligence

In medical malpractice cases, a defendant may argue that the plaintiff contributed to their injury through their own negligence or failure to follow instructions. Kansas adheres to a modified comparative negligence standard, which means that if the plaintiff is found to be 50% or more responsible for their injuries, they cannot recover damages. In cases where the plaintiff is found to be less than 50% responsible, their damages will be reduced proportionally.


Medical malpractice lawsuits can be complex and challenging, and navigating the statutes governing these cases can be daunting without the aid of an experienced medical malpractice attorney. If you are the victim of medical malpractice, it is essential to consult with an attorney who can assist you in understanding your rights, the legal process, and your best options for achieving fair compensation for your injuries. While the laws governing medical malpractice in Kansas can be restrictive, with the right representation, you can maximize your chances of achieving justice and restitution for the harm inflicted upon you.

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