Contact your Kansas City lawyer
Contact your Wichita lawyer

Statute of Limitations

an action must be brought within two years after the fact of injury becomes reasonably known to the injured person, but in no event more than four years after the act giving rise to the cause of action

Comparative or contributory negligence

modified comparative negligence whereby claimant's action is barred if his negligence is equal to or exceeds the combined negligence of all other parties

Nature of accused's liability

Joint and several liable has been abolished in Kansas, each defendant is only liable for the proportion of damages relating to the proportion of guilt.

Law of contribution

The rule of contribution was abolished in Kansas

Expert testimony standards

Expert medical testimony is required to establish negligence unless the absence of reasonable care is so obvious and the results are so bad as to be apparent to and within the common knowledge and experience of mankind generally

Limits on compensation

Punitive damages are capped at the lesser of $5m or the defendants highest gross income for the five previous years. Punitive damages are not available in a wrongful death case.

Limits on attorney fees

None

Collateral Source rule enforced

Payments from collateral sources are considered separate from damages payable as a result of a case, and thus do not effect value of damages.

State and local health care providers immune from liabaility

Kansas and its political subdivisions are subject to liability in tort up to $500,000 per occurrence, but are exempt from punitive damages

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability