Kansas Statute of Limitations for Medical Malpractice
In Kansas, the statute of limitations for medical malpractice is 2 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 2 years from accrual.
- Statute: Kan. Stat. § 60-513(a)(7).
- 2 years from the act, with a 4-year statute of repose. Discovery rule applies.
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
2 years from the act, with a 4-year statute of repose. Discovery rule applies.
General Kansas Rules
Kansas distinguishes between written contracts (5 years) and oral contracts (3 years). The state has a 4-year statute of repose for medical malpractice. The discovery rule applies to medical malpractice and certain other claims.
Other Statutes of Limitations in Kansas
Medical Malpractice in Other States
Frequently Asked Questions
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What is the statute of limitations for medical malpractice in Kansas?
The statute of limitations for medical malpractice in Kansas is 2 years. Citation: Kan. Stat. § 60-513(a)(7).
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When does the clock start for medical malpractice in Kansas?
2 years from the act, with a 4-year statute of repose. Discovery rule applies.
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Can the statute of limitations for medical malpractice be extended in Kansas?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.