According to medical malpractice laws in Kansas, for action to be brought against a defendant for negligence or malpractice, the action must begin within 2 years of the occurrence of the injury or the date when the injured person should reasonably have discovered the injury.
Statute of Limitations
If there is a legal basis for considering the claimant not competent to represent himself or herself, such as if the claimant is imprisoned, otherwise incapacitated, or below the age of consent, there is an extension of the limitation to a year from the date when the disability was changed and the claimant restored to competence. In such situations, there is an 8-year post injury limit within which any actions may be filed.
Wrongful Death Claims
In Kansas, there are 2 different laws that address the issue of wrongful death in terms of medical malpractice law. The law that is applicable depends on whether or not medical malpractice was actually involved in the case. There is also a two year standard statute of limitations in situations that involve wrongful death; the clock begins to count once the death has occurred.
However, when the death is the result of medical malpractice, the two year limit starts running once the injury has occurred or has been discovered. This date is not necessarily going to be before the death occurred.
The claimant is not allowed to bring lawsuits to court when the negligence of the claimant either equals or exceeds the aggregate negligence of the defendants involved in the case.
Kansas - News Articles
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