You do not have unlimited time if you want to take action with a personal injury lawsuit. The statute of limitations dictates how much time you have to file a lawsuit after an alleged harm or injury. What is the statute of limitations for medical malpractice cases in Kansas?
The answer depends on the specifics of your case. Some factors could extend that timeline to take action. At Prochaska, Howell & Prochaska LLC, we want to make sure that you adhere to all deadlines for your case. Let’s examine these timeframes for medical malpractice cases in Kansas.
Filing Medical Malpractice Claims in Kansas
Under Kansas law, the statute of limitations for medical malpractice cases is two years from the date of the alleged incident, according to Kansas Statutes Annotated (K.S.A.) § 60-513. This includes any claims involving errors, omissions, or other acts of negligence committed by healthcare professionals during the course of your care.
For example, if you suffered harm due to a surgical error on January 1, 2023, you will have until January 1, 2025, to file a medical malpractice lawsuit. If you fail to file within this period, your claim could be barred. In turn, you could lose any chance of recovering compensation for your injuries and losses.
What Is the Significance of the Discovery Rule?
While the two-year limitation is the most followed rule, sometimes medical malpractice injuries are not always apparent. In these cases, the discovery rule may apply. Under the law, the statute of limitations begins when the patient discovers or reasonably should have discovered the injury and its connection to medical negligence.
For example, if you discover a surgical sponge was left inside your body months or years after the surgery, the statute of limitations may begin from the date of discovery instead of the date of the procedure.
How Can the Statute of Repose Affect Your Medical Malpractice Case?
However, there are still limitations to taking legal action, known as the statute of repose.
For medical malpractice claims, there is a four-year statute of repose. No matter when the malpractice was discovered, this is the absolute deadline for filing a lawsuit. This means that the claim is barred even if the harm caused by medical negligence is found after this period.
Are There Any Exceptions to This Filing Timeline?
In very rare cases, there are a few exceptions to these rules. For those who were injured as a minor, the timeline may be extended. Under K.S.A. § 60-515, the statute of limitations does not begin until the minor reaches 18 years. After that, they have one year to file a claim as long as the total time frame does not exceed eight years from the date of the incident.
For example, if a child was injured during childbirth on January 1, 2015, they would not turn 18 until January 1, 2033. With that, the claim must be filed by January 1, 2034.
Any action that constitutes fraud or concealment of the actions may also extend the deadline. If a healthcare provider intentionally conceals their negligence or engages in fraud to prevent the patient from discovering the malpractice, the statute of limitations may be paused. Keep in mind that the four-year statute of repose may still apply in some cases.
There is also an issue known as the continuous treatment doctrine. With that, the statute of limitations could be tolled or paused if the patient continues to receive care for the same condition from the negligent provider. However, the clock to take legal action begins once the treatment ends.
What You Need to Do When Considering a Medical Malpractice Claim
With all these deadlines to keep in mind, you will want to take a few steps to protect the validity of your claim.
Reach Out to a Lawyer Early
Since these cases can be complex, you will want to get legal help right away. Not only can a lawyer help meet all the statutes of limitations, but they can also assist with gathering medical records and contacting medical experts. This help can become invaluable when you need to file a claim. Plus, a medical malpractice attorney will make sure you meet all deadlines in the state.
Retain All Records
You will want to keep all records, documents, bills, and other pieces of evidence related to the claim. Collecting this evidence in a timely manner is important, especially if your claim could expire under the statute of repose.
Determine the Date of Discovery
With help from your attorney, you can establish when the injury actually occurred or should have been discovered. This is another important piece of the case because it can affect your statute of limitations.
While the statute of limitations allows two years for filing a claim, the discovery rule and statute of repose could extend the deadline. No matter the situation, you will want to take timely action for this issue. When you seek professional legal guidance, you can protect your rights and ensure you meet all these time frames to take action.
