While we believe that the following information regarding the medical malpractice laws in the various states of the United States was accurate when written, laws in various states do change over time and you should not rely on the information below but rather seek the advice of a knowledgeable and competent medical malpractice lawyer in your state regarding the current and relevant medical malpractice laws in your state. The information below is for informational purposes only and is not intended as legal advice and should not be relied upon as legal advice.
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.
In it opinion dated June 14, 2019, the Supreme Court of the State of Kansas (“Kansas Supreme Court”) overturned Kansas’ statutory cap on noneconomic damages in personal injury cases, holding: “Section 5 of the Kansas Constitution Bill of Rights declares, “The right of trial by jury shall be inviolate.” The quid pro quo test that has been applied to analyze challenges under section 18 of the Kansas Constitution Bill of Rights is inapplicable to challenges under section 5. The noneconomic damages cap under K.S.A. 60-19a02 violates the right protected by section 5, because it intrudes upon the jury’s determination of the compensation owed personal injury plaintiffs to redress their injuries.”