Medical malpractice in Kansas
Personal-injury noneconomic cap struck down
Kansas medical malpractice claims generally must be filed within two years of when the injury becomes reasonably ascertainable, and no later than four years after the negligent act. The statutory noneconomic damages cap for personal injury was struck down by the Kansas Supreme Court in 2019.
Last reviewed September 22, 2026
- Injury noneconomic
- Not enforceable
- Usual filing window
- 2 years
- Outer limit
- 4 years
Printed cap struck down in Hilburn (2019)
From when the injury is reasonably ascertainable
From the act, for health care professional negligence
Damage caps
After Hilburn v. Enerpipe, Kansas courts do not enforce the printed noneconomic damages limit in K.S.A. 60-19a02 for personal-injury cases. Economic damages remain outside that statute. A separate wrongful-death noneconomic limit still appears in K.S.A. 60-1903. Counsel should confirm whether it still applies in a medical death case. This page does not lock that printed limit as a current ceiling.
Not capped
Economic damages
Economic damages are limited by proof. The struck personal-injury noneconomic statute does not cap them.
Not enforceable
Noneconomic damages
Kansas does not enforce the printed noneconomic damages limit in K.S.A. 60-19a02 for an ordinary personal-injury case. Hilburn held that cap violates the inviolate right to a jury trial. The statute may still appear in the books. This page does not treat the printed personal-injury schedule as controlling law, and it does not display that schedule as a current dollar limit.
K.S.A. 60-1903 still prints a $250,000 aggregate limit on nonpecuniary damages in a wrongful-death action. Hilburn addressed the personal-injury statute, not that wrongful-death statute. Later cases may or may not extend Hilburn. Counsel should confirm the point before anyone treats that printed wrongful-death figure as a locked ceiling. This page does not badge it as current law.
Hilburn v. Enerpipe Ltd.. In 2019, the Kansas Supreme Court held the noneconomic damages cap in K.S.A. 60-19a02 unconstitutional under the jury-trial right in the Kansas Constitution. That decision covered personal-injury noneconomic damages. It did not decide the separate wrongful-death statute, K.S.A. 60-1903. Miller v. Johnson had previously upheld the personal-injury cap. Hilburn is the later word on that statute.
Punitive damages
Punitive damages follow a separate statutory structure. Confirm that structure apart from the compensatory rules. This page does not state a punitive dollar ceiling.
Filing deadlines
File within two years of when the injury is reasonably ascertainable, and no more than four years after the act for health care professional negligence. A screening panel request can affect timing. Do not wait if death is approaching the four-year outer limit.
- General rule
An action arising out of the rendering of, or the failure to render, professional services by a health care provider must be brought within two years.
- Accrual and outer limit
The claim accrues at the occurrence unless the fact of injury is not reasonably ascertainable until later. The two years then run from when the injury becomes reasonably ascertainable, but in no event more than four years after the act.
- Wrongful death
If the underlying malpractice claim is already time-barred before death, the heirs may lack a viable wrongful-death claim. Confirm that interaction if death is near the four-year outer limit.
- Screening panel
A party may request a medical malpractice screening panel. The panel is optional. It is not a universal certificate of merit. Requesting a panel can toll limitations under the related statutes.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
The printed injury cap is not the live rule
Hilburn eliminated the general personal-injury noneconomic ceiling that an earlier case had upheld. A page should not show the printed personal-injury schedule as current law.
Four years is the hard outer calendar
The health care repose is four years from the act, even when discovery is late.
Wrongful death still needs a separate look
K.S.A. 60-1903 still prints a noneconomic limit for wrongful death. Whether Hilburn reaches that statute is a question for counsel, not a locked badge on this page.
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for a Kansas case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
Without an enforceable personal-injury noneconomic ceiling, proof and comparative fault drive value. A printed wrongful-death limit still needs counsel confirmation.
Sources
Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. The personal-injury noneconomic cap in K.S.A. 60-19a02 was held unconstitutional in Hilburn v. Enerpipe Ltd., 309 Kan. 1127 (2019), under the section 5 jury-trial right. The statute may still print escalating amounts. This page does not treat that printed personal-injury cap as enforceable and does not display it as a current dollar limit. A separate wrongful-death noneconomic limit still appears in K.S.A. 60-1903. Hilburn addressed 60-19a02, not 60-1903. Counsel should confirm whether that wrongful-death limit still applies in a medical death case. This page does not lock it as a current ceiling. Health care professional negligence must be filed within two years of when the injury is reasonably ascertainable, and no later than four years after the act, under K.S.A. 60-513(a)(7) and 60-513(c). An optional medical malpractice screening panel under K.S.A. 65-4901 and following can affect timing. If the underlying malpractice claim is time-barred before death, heirs may lack a viable wrongful-death claim. Legislative rewrites are bills only until enacted.
- K.S.A. 60-19a02 (opens in a new tab)Accessed September 22, 2026
- Hilburn v. Enerpipe Ltd. (Kansas Supreme Court) (opens in a new tab)Accessed September 22, 2026
- K.S.A. 60-513 (opens in a new tab)Accessed September 22, 2026
- K.S.A. 60-1903 (opens in a new tab)Accessed September 22, 2026
- K.S.A. 65-4901 (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with a Kansas attorney about the four-year outer limit and whether any wrongful-death noneconomic limit still applies.