Medical
Malpractice
The Deadline to File a
Professional Negligence / Medical Malpractice Claim
 The
deadline for filing most professional negligence / medical malpractice
claims in court in Kansas is two (2) years from the date when the
plaintiff knew or should have known of the negligence of the medical
care provider and that injuries resulted therefrom. It is not necessary
for an expert to advise the injured party that there was professional
negligence which caused the injuries before the statute of limitations
will start running. It is sufficient to start the running of the 2 year
period, if the injured parties have knowledge of the facts which
establish an actionable claim.
Claim Information
Generally a medical malpractice claim arises where a medical
practitioner has negligently caused injury. Medical treatment is
negligent if if fails to meet the standard of care generally provided
to patients. A physician must also obtain "informed consent" to any
medical treatment which he provides to a patient.
Examples of Professional
Negligence / Medical Malpractice Claims
Some examples of medical malpractice claims are:
- Failure to
diagnose
- Improper medical
treatment causing injury
- Improperly
performed surgery
- Improperly
administered anesthesia
- Failure to
obtain informed consent to a medical procedure
- Implantation of
non-approved medical devices
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