Kansas Medical Malpractice Attorneys

Statute of Limitations

2 years

2 years from when the fact of injury becomes reasonably ascertainable (K.S.A. § 60-513)

Statute of Repose

4 years

4 years from the act or omission (K.S.A. § 60-513(c)); foreign-object exception applies

Non-Economic Damages Cap

Prior cap

Prior cap struck down in Hilburn v. Enerpipe (2019).

Pre-Suit Requirements

No requirement

No mandatory pre-suit requirement; voluntary screening panel available under K.S.A. § 65-4901

Health Care Stabilization Fund

$300k

Kansas Health Care Stabilization Fund (K.S.A. § 40-3401) provides excess coverage above primary insurance — typically $300,000 primary + $800,000 Fund layers

Typical attorney fee

33%

33%–40% contingency — no fee unless you win

Kansas requires every licensed Kansas healthcare provider to participate in the Kansas Health Care Stabilization Fund (K.S.A. § 40-3401 et seq.) — basic professional liability sits at the provider/insurer level, and the Fund pays excess up to specified layers. Kansas’s prior non-economic damages cap (K.S.A. § 60-19a02) was struck down by the Kansas Supreme Court in Hilburn v. Enerpipe Ltd. (2019) as violating the right to jury trial in Section 5 of the Kansas Bill of Rights. The 2-year SOL (K.S.A. § 60-513) runs from when the injury becomes reasonably ascertainable, with a 4-year statute of repose. K.S.A. § 65-4901 permits voluntary use of a screening panel before trial.