Kansas Medical Malpractice Laws

There is a limit on the amount of noneconomic damages in the amount of $250,000 for each claimant (in wrongful death claims, the $250,000 cap on noneconomic damages applies to the aggregate of all wrongful death claims). The statute of limitations is two years from the incident but can be up to four years after discovery. There is several liability but no joint liability. Attorney fees by each party must be approved by the court after an evidentiary hearing. Periodic payments may be ordered by the court. There is the Health Care Stabilization Fund. A pre-trial settlement conference is required and a judge may convene a medical malpractice screening panel upon request of a party. The written report of a medical malpractice screening panel is admissible during trial and a party may call as a witness during trial any member of the panel. There is no requirement for an affidavit or certificate of merit. Experts must have devoted at least 50% of professional time during the two years immediately prior to the incident to actual clinical practice in the same profession as the defendant.

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