Health Justice Transformation - Kansas

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

$250,000 cap on non-economic damages.

Joint Liability for Multiple Defendants

Yes. Defendants are responsible only for their proportional share of negligence.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

No

Provisions for the Periodic Payment of Damages Over Time Fees

Not mandated or required

Limitation of Plaintiff’s Attorneys Fees

No

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

A court must convene a medical screening panel in medical malpractice cases if requested by one of the parties or on the judge's determination. The screening panel shall determine whether the defendant met the appropriate standard of care and if the injury was caused by a failure to meet the standard of care. A written report may be submitted into evidence and any member of the screening panel may be called as a witness.

Standards for Expert Testimony/Witness

Expert testimony is required to establish negligence. To qualify as an expert in a medical malpractice case, the expert must devote at least 50% of his/her professional time, within the two-year period preceding the incident giving rise to the action, to actual clinical practice in the same profession in which the defendant is licensed.