Kansas · Medical Malpractice
Kansas medical malpractice damage caps and statute of limitations
Refreshed 2026. Disputed damage cap. 2 years from reasonable ascertainability of injury. Full breakdown below.
Damage caps
K.S.A. § 60-19a02Non-economic damages cap
None
Total damages cap
None
Status
disputed
Notes
Prior cap of $250,000-$350,000 (K.S.A. § 60-19a02). Status disputed after Hilburn v. Enerpipe (2019) struck down general noneconomic cap. Medical malpractice-specific cap enforceability uncertain. Some courts still apply; legislature has not clarified.
Statute of limitations
K.S.A. § 60-513(c)Standard SOL
2 years from reasonable ascertainability of injury
Discovery rule
Yes; runs from when injury was reasonably ascertainable
Statute of repose
4 years from act or omission (may extend to 8 years in certain cases)
Minor exception
For minors under 6: extended until child's 8th birthday. Standard tolling for minors 6+.
Wrongful death SOL
2 years from date of death
Notes
K.S.A. § 60-515 provides tolling for disability (including minority).
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Kansas med-mal FAQ
What is the medical malpractice statute of limitations in Kansas?+
2 years from reasonable ascertainability of injury. Yes; runs from when injury was reasonably ascertainable Statute of repose: 4 years from act or omission (may extend to 8 years in certain cases). Wrongful death: 2 years from date of death. K.S.A. § 60-515 provides tolling for disability (including minority). Source: K.S.A. § 60-513(c).
Does Kansas have a medical malpractice damage cap?+
Prior cap of $250,000-$350,000 (K.S.A. § 60-19a02). Status disputed after Hilburn v. Enerpipe (2019) struck down general noneconomic cap. Medical malpractice-specific cap enforceability uncertain. Some courts still apply; legislature has not clarified. Source: K.S.A. § 60-19a02.
How does Kansas handle the discovery rule in med-mal cases?+
Yes; runs from when injury was reasonably ascertainable
What is the Kansas minor exception for medical malpractice?+
For minors under 6: extended until child's 8th birthday. Standard tolling for minors 6+.
What is the wrongful death statute of limitations for Kansas medical malpractice?+
2 years from date of death
Other state lookups
This tool is informational. It is not legal advice. Kansas damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Kansas attorney before relying on a deadline. Data refreshed May 2026.