Is There a Statute of Limitations on Medical Malpractice in Kansas?
Being a victim of medical malpractice is a heartbreaking experience, and it can often cause emotional and physical pain. On top of that, there is a set time limit for pursuing compensation from a medical malpractice claim.
Meeting the Kansas statute of limitations adds another level of stress, which is why our lawyers at Adams Cross, LLC are here to assist you. According to Kansas medical malpractice laws, an action to recover damages must be commenced within:
Two (2) years after the victim can reasonably ascertain the fact of injury, or
Four (4) years after the medical malpractice or negligence act was committed
Our attorneys can help analyze your case and provide valuable legal advice to help you pursue compensation so you can focus on your recovery.
Exceptions to the Statute of Limitations
There are certain circumstances under which the statute of limitations may be extended. These exceptions recognize that not all injuries or evidence of malpractice are immediately apparent. Some of the notable exceptions include the following.
Discovery rule: This extends the statute of limitations if the injury or malpractice was not reasonably discoverable within the standard time frame. Under this rule, plaintiffs have two (2) years to file a claim from the date they discovered or reasonably should have discovered the injury.
Fraudulent concealment: If a defendant deliberately conceals malpractice, thus preventing the plaintiff from discovering the injury, the statute of limitations may be tolled (paused) until the malpractice is discovered.
Minor victims: Special rules apply for minor victims of medical malpractice. A minor under the age of 18 generally has one year after reaching the age of majority to file a medical malpractice claim.
Mentally incapacitated plaintiffs: If the victim is mentally incapacitated, the statute of limitations may be tolled until the individual regains the mental capacity to pursue the claim.
Importance of Expert Testimony
Expert testimony is often a critical component of a medical malpractice case. Medical experts are often called in to provide professional opinions on the following aspects of a medical malpractice lawsuit:
Standard of care: Experts explain what a competent healthcare professional would have done under similar circumstances, establishing the standard of care.
Breach of standard of care: They assess whether the provider in question failed to meet the accepted standard.
Causation: Experts must demonstrate that the breach of care directly caused the injury or harm suffered by the patient.
Extent of injuries: Medical experts evaluate the severity and long-term impact of the injuries on the victim's life.
Having credible medical experts support your claim can significantly strengthen your case and enhance your chances of obtaining fair compensation.
Settlement vs. Trial
Understanding the options available for resolving your medical malpractice claim is essential. In Kansas, there are two primary routes for pursuing compensation:
Settlement: Many medical malpractice cases are settled out of court. Settlements can offer a quicker resolution and reduce litigation costs. However, it is essential to ensure that the settlement amount adequately covers your damages.
Trial: If a fair settlement cannot be negotiated, the case may proceed to trial. A trial involves presenting your case before a judge or jury, who will decide the outcome. While trials can be lengthy and complex, they may ultimately result in higher compensation if you prevail.
Each option has its advantages and disadvantages, and a qualified attorney can help you determine the best course of action based on the specifics of your case.
Steps to Take After Discovering Medical Malpractice
If you suspect that you have been a victim of medical malpractice, taking the following steps can help secure your rights and build a strong case:
Seek immediate medical attention: Your health and well-being are paramount. Seek proper medical care to address any injuries or complications resulting from the malpractice.
Obtain medical records: Secure copies of all relevant medical records, including doctor's notes, laboratory results, imaging studies, and treatment plans. These documents are crucial evidence for your case.
Document your experience: Keep a detailed record of your symptoms, treatments received, and any communications with healthcare providers. Note the dates and descriptions of events as they occurred.
Contact a medical malpractice attorney: Experienced attorneys can provide the legal guidance and support you need. They can help you understand your rights and develop a strategy for pursuing compensation.
Preserve evidence: Retain any evidence that supports your claim, such as medical bills, photographs of injuries, and correspondence with healthcare professionals.
Avoid discussing your case publicly: Refrain from sharing details of your situation on social media or with persons unrelated to your case, as this could potentially be used against you.
Consulting With a Kansas Medical Malpractice Attorney
Medical malpractice laws and the associated statute of limitations require experienced legal guidance. A qualified personal injury attorney can help you:
Evaluate your case: Understanding whether you have a viable claim.
Identify time limits: Knowing the appropriate time frame to file your lawsuit.
Gather evidence: Collecting and preserving the documentation and testimony you need to build a strong case.
Negotiate settlements: Providing guidance as you seek fair compensation through negotiations or trial if necessary.
Strong & Compassionate Legal Help
To stay on track for filing a medical practice claim in Kansas, speak with an attorney for assistance. We can help you gather the necessary documentation and communicate specific Kansas guidelines to start seeking compensation for your pain and suffering.
Contact us today at Adams Cross, LLC to schedule a free consultation and learn more about your rights and options under Kansas law. We proudly serve victims of medical malpractice throughout Olathe, Wyandotte County, Lawrence, Johnson County, and the Kansas City Metro area.