Every day, throughout the State of Kansas, there are thousands of individuals who are placing their trust in the hands of a doctor or other medical professional when seeking advice or treatment. The majority of these people receive care that meets or exceeds the standards established for the particular area of medical treatment. For those who do not receive the right care, the harm may be so negligible that it does not justify the time and effort that go into a lawsuit. However, for those unfortunate victims who suffer long-term, debilitating harm as the result of a preventable mistake by a medical professional, it often is necessary to file a lawsuit in order to get the compensation that is necessary to obtain essential medical care, replace lost wages, and recognize the pain and suffering of the victim. Unfortunately, there is a strict time limit that applies to cases where a medical professional commits negligence.
Kansas Medical Malpractice Statute of Limitations
Kansas is like many other states that has a statute of limitations that applies to medical malpractice cases, which may be brought against doctors, nurses, psychiatrists, therapists, pharmacists, and other medical professionals, as well as medical facilities. This time restriction dictates the period in which a case may be filed with the court. Although there is no restriction that prevents the complaint from being filed because the clerk of court is not going to police the timing of the injury and filing, it is the first thing that a defendant is going to raise to get a case dismissed and the court does not have any discretion in complying with the defense’s motion. Under the law in the State of Kansas, a person has two years from the time that he discovers that he has been harmed as the result of a mistake by the doctor or other medical professional. See Kansas Statutes § 60-513. This discovery rule is a little different from the date of the act or omission that comprises the medical malpractice. What this means is that the person must have learned of the injury, or reasonably should have discovered the injury with the exercise of reasonable diligence, in order for the clock to start running.
Although there is some flexibility in the law in Kansas, this does not mean that person who has been harmed from medical malpractice has an unlimited time in which to discover that he has been harmed as the result of a preventable medical error. There is an absolute bar for the commencement of a legal action of four years from the date on which the medical malpractice occurred, whether through act or failure to act, regardless of when the injury was discovered. This rule applies even if it would have been impossible to discover that harm that was caused by the medical malpractice within that four year period.
Stern Law, PLLC Advocates for Kansas Medical Malpractice Victims
Medical malpractice can take many different forms, including:
- Failure to diagnose a medical condition;
- Failure to make the correct diagnosis;
- Failure to order the right treatment in a timely manner;
- Failure to order the correct diagnostic tests or failure to interpret the results of those tests correctly;
- Failure to prescribe the correct drugs, prescribe the correct dosage, or failure to fill the prescription correctly;
- Failure to respond to a medical emergency in the appropriate manner;
- Failure to perform the correct surgery; or
- Failure to maintain the medical facility in a sterile manner with the correct staffing protocols.
These are only some of the different acts or omissions on the part of a medical professional that may qualify as medical malpractice. When these negligent acts or omissions do occur, it is critical to respond quickly and aggressively in order to get the right results.
In many cases, it is difficult to consider the possibility that the medical professional in whom a person has placed his trust has made a serious mistake that led to devastating harm, but this happens every day throughout the State of Kansas. At Stern Law, PLLC, our attorney has fought tenaciously for more than 30 years to recover compensation for patients who were injured when a medical professional made a preventable mistake. We work hard to get our clients the compensation that they need to obtain critical medical care, replace wages that were lost due to an inability to work, and make reparation for pain and suffering of the victim of the medical malpractice.
In addition to advocating for the victims of medical negligence, we also provide answers and resources for those who have been harmed, or believe they may have been injured, as the result of a medical professional’s negligence. We have knowledgeable representatives available to respond to questions 24 hours a day, seven days a week, regardless of whether or not you are a client. Call us at 1-844-808-7529 or fill out an online contact form in order to learn how we can help you get through this difficult time.