Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or other medical practitioner, fails to provide appropriate care, resulting in harm to a patient. In Kansas, as in many other states, there is a statute of limitations that limits the amount of time a patient has to file a medical malpractice claim.
What is a Statute of Limitations?
A statute of limitations is a law that sets a specific period of time within which a legal claim can be filed. The purpose of a statute of limitations is to protect defendants from having to defend against stale or outdated claims. Additionally, statutes of limitations ensure that cases are resolved in a timely manner, which benefits both plaintiffs and defendants.
The Statute of Limitations for Medical Malpractice in Kansas
In Kansas, the statute of limitations for medical malpractice claims is two years from the date of the alleged injury or act of negligence. This means that a patient has two years from the date they became aware of their injury or the negligent act to file a medical malpractice lawsuit.
However, there is an exception to this rule known as the “discovery rule.” Under the discovery rule, if the patient does not discover the injury or the negligent act until a later date, the two-year statute of limitations begins to run from the date of discovery.
It’s important to note that the discovery rule only applies if the patient could not have reasonably discovered the injury or negligent act earlier. Additionally, the discovery rule does not apply if the patient knew or should have known about the injury or negligent act but failed to take action within the two-year statute of limitations.
In cases involving minors, the statute of limitations is typically extended. Minors have two years from the date of their 18th birthday to file a medical malpractice lawsuit.
It’s important to note that in addition to the statute of limitations, there are other legal requirements that must be met in order to file a medical malpractice lawsuit in Kansas. For example, the plaintiff must provide notice of their claim to the defendant at least 60 days before filing a lawsuit.
In addition, medical malpractice cases can be complex and require expert testimony to establish the standard of care and whether the defendant breached that standard. Therefore, it is highly recommended that anyone considering a medical malpractice lawsuit consult with an experienced attorney who can help navigate the legal process and build a strong case.
The statute of limitations for medical malpractice in Kansas is an important consideration for anyone considering a medical malpractice lawsuit. While the statute of limitations is two years from the date of the alleged injury or act of negligence, the discovery rule may provide an exception to this time limit. However, it is important to understand the legal requirements and complexities of medical malpractice cases and seek the advice of a knowledgeable attorney if you believe you have been the victim of medical malpractice.
As a law firm specializing in medical malpractice cases in Kansas, at Melinda Young, we can assist clients with navigating the statute of limitations for medical malpractice cases. Our experienced attorneys, including Melinda Young, can help clients determine whether they have a viable case and ensure that their case is filed within the statute of limitations.
We can assist clients by reviewing the facts of their case, gathering evidence, filing the claim, meeting legal requirements, and negotiating a settlement or pursuing litigation. By working with our law firm, clients can have peace of mind knowing that their case is being handled by a team of knowledgeable professionals who have their best interests in mind.