Medical Malpractice Law in Kansas

The rules governing medical malpractice law in Idaho are complicated and occasionally confusing.  Anyone who is anticipating involvement in a medical malpractice action should take the time to learn about what is involved. The following are some of the restrictions and requirements involved in a medical malpractice case.

Introduction to Statute of Limitations

Medical malpractice law in Kansas states that action must be brought two years of when the injury should become reasonably apparent to the injured person, but never more then four years after the action which caused the injury. If a claimant is legally considered incompetent (due to minority, incapacity, or imprisonment) the limitation extends to within one year from the date the disability is removed. In this instance, no action may be filed more than eight years after the injury.

Medical malpractice law in Kansas has two separate laws governing wrongful death depending on whether medical malpractice was involved or not. The standard statute of limitations for wrongful death is also two years after the date of the death. However, in cases where the death is caused by medical malpractice, the two years still begins to run at the date of injury or discovery, which may or may not be prior to the date of death.

Pre-Suit Mediation

Any party of the judge can request the case be submitted to a medical screening panel made up of three health care providers and a non-voting lawyer. The panel's decision is not binding, but a written report is admissible at trial and members of the panel may called by any party in the action. Additionally, a settlement conference must be held within 30 days of the trial, and be attended by trial lawyers for each side and all parties with settlement authority.

Guide to Comparative Negligence

Medical malpractice law in Kansas states that a claimant cannot bring a law suit if his negligence is equal to or greater than the combined negligence of all defendants. The failure of a patient to follow a physician's instructions may be considered a form of negligence.

The Requirement of Expert Testimony

Expert medical testimony is required to establish negligence on the part of medical professionals unless the neglect is so obvious and the results are so bad that they apparent to non-medical professionals. In order to qualify as an expert witness, 50 percent of the person's professional time over the two years prior to the negligence was spent in clinical practice. The statute does not require that the expert witness practice in the same medical specialty as the defendant.