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Kansas

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SOL for Medical Malpractice Claims (Minor Plaintiffs): 8 years

SOL for Medical Malpractice Claims (Parental Claims): 2 years

SOL for Wrongful Death Claims: 2 years

Kansas Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

8 years: K.S.A. § 60-515: if any person entitled to bring an action, other than for the recovery of real property or a penalty or a forfeiture, at the time the cause of action accrued or at any time during the period the statute of limitations is running, is less than 18 years of age, an incapacitated person or imprisoned for a term less than such person’s natural life, such person shall be entitled to bring such action within one year after the person’s disability is removed, except that no such action shall be commenced by or on behalf of any person under the disability more than eight years after the time of the act giving rise to the cause of action.

Kansas Statute of Limitations for Medical Malpractice Claims (Parental Claims)

2 years: K.S.A. § 60-513(a)(7): An action arising out of the rendering of or failure to render professional services by a health care provider limited to 2 years. A cause of action arising out of the rendering of or the failure to render professional services by a health care provider shall be deemed to have accrued at the time of the occurrence of the act giving rise to the cause of action, unless the fact of injury is not reasonably ascertainable until some time after the initial act, then the period of limitation shall not commence until the fact of injury becomes reasonably ascertainable to the injured party, but in no event shall such an action be commenced more than four years beyond the time of the act giving rise to the cause of action.

Kansas Medical Malpractice Claim Caps

There are no limits or caps to the amount of economic damages (medical bills, lost wages, ect.) you can recover in a personal injury suit.  On June 14, 2019, the Supreme Court of Kansas in the case of Hilburn v. Enerpipe Ltd., 309 Kan. 1127, 442 P.3d 509 (2019) held that K.S.A. 60-19a02, the statute that limited the amount of non-economic damages (pain & suffering, loss of consortium, ect.) you can recover in a personal injury suit was unconstitutional.  Therefore, there is no longer a limit or cap on the amount of non-economic damages you can recover in a personal injury suit.

Kansas Statute of Limitations for Wrongful Death Claims

2 years: K.S.A. § 60-513: A cause of action arising out of the rendering of or the failure to render professional services by a health care provider shall be deemed to have accrued at the time of the occurrence of the act giving rise to the cause of action, unless the fact of injury is not reasonably ascertainable until some time after the initial act, then the period of limitation shall not commence until the fact of injury becomes reasonably ascertainable to the injured party, but in no event shall such an action be commenced more than four years beyond the time of the act giving rise to the cause of action.

“There is no reason why a wrongful death action based upon medical malpractice should be treated any differently than a medical malpractice action where the party survives.” Davidson v. Denning, 897 P.2d 1043 (Kan. Ct. App. 1995).

Kansas Wrongful Death Claim Caps

There are no limits or caps to the amount of economic damages (medical bills, lost wages, ect.) you can recover in a wrongful death suit.  On June 14, 2019, the Supreme Court of Kansas in the case of Hilburn v. Enerpipe Ltd., 309 Kan. 1127, 442 P.3d 509 (2019) held that K.S.A. 60-19a02, the statute that limited the amount of non-economic damages (pain & suffering, loss of consortium, ect.) you can recover in a wrongful death suit was unconstitutional.  Therefore, there is no longer a limit or cap on the amount of non-economic damages you can recover in a wrongful death suit.   Though not addressed in that decision, the Supreme Court’s holding in Hilburn v. Enerpipe Ltd. likely also invalidates the aggregate limit of damages in a wrongful death suit of $250,000 and costs under K.S.A. § 60-1903, thereby resulting in no limits or caps.


The information presented on this website is not intended to be legal advice and does not constitute legal advice. The information presented on this site may not reflect the most current version of the law. is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. Each situation varies. Please contact an attorney if you believe you have a legal claim.

The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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