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Kansas Nursing Home Laws
Nursing Home Negligence or Abuse
Statute of Limitations Kan. Stat. Ann. §60-513
- Two years
Damages Cap Kan. Stat. Ann. §§ 60-19a02 (1994) and 60-3702(1994)
- Non-economic damages capped at $250,000 per plaintiff against all defendants.
- In 2014, Kansas legislature enacted a schedule of upward adjustments through the next 10-15 years to compare with inflation.
Medical Malpractice
Statute of Limitations
- Two years from when the injury was discovered, or reasonably should have been discovered.
- Action cannot be brought more than four years from date of injury. Kan. Stat. Ann. §60-513(a)(7) and (c)
- If claimant is incompetent, action may be brought within 1 year of end of disability, but no more than eight years from date of injury. Kan. Stat. Ann. §60-515 (1994)
Damages Cap Kan. Stat. Ann. §§ 60-19a02 (1994) and 60-3702(1994)
- Non-economic damages capped at $250,000 per plaintiff against all defendants.
Wrongful Death
Statute of Limitations Kan. Stat. Ann. §60-513
- Two years.
Damages Cap Kan. Stat. Ann. §60-1903
- Noneconomic damages are capped at $250,000. Economic damages are unlimited. Punitive damages are not permitted based solely on wrongful death, but are permitted in survivorship cases.
The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.
The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.