Medical Malpractice Statute of Limitations in Kansas
Last verified 2026-07 · Source: K.S.A. 60-513(a)(7), (c) ✓ verified · 3 sources
The deadline
2 years
from the date of the act giving rise to the cause of action, or when the fact of injury becomes reasonably ascertainable to the injured party, under K.S.A. 60-513(a)(7), (c).
Advertisement
Kansas law sets a hard deadline of 2 years to file a medical malpractice claim. The controlling statute is K.S.A. 60-513(a)(7), (c), and the clock generally starts on the date of the act giving rise to the cause of action, or when the fact of injury becomes reasonably ascertainable to the injured party. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Kansas Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 2 years | K.S.A. 60-513(a)(7), (c) |
| Car Accident | 2 yrs | K.S.A. § 60-513(a)(4) |
| Credit Card Debt | 3 yrs | K.S.A. § 60-512(1) |
| Wrongful Death | 2 yrs | K.S.A. § 60-1901 |
| Personal Injury | 2 yrs | Kan. Stat. Ann. § 60-513(a)(4) |
| Dog Bite | 2 yrs | K.S.A. § 47-645 |
| Slip and Fall | 2 yrs | K.S.A. § 60-513(a)(4) |
| Defamation | 1 yr | K.S.A. § 60-514(a) |
| Breach of Contract | 5 yrs | K.S.A. 60-511(1) |
| Medical Debt | 5 yrs | K.S.A. § 60-511(1) |
When the Clock Starts
In Kansas, the limitations period for medical malpractice claims generally begins on the date of the act giving rise to the cause of action, or when the fact of injury becomes reasonably ascertainable to the injured party. Kansas recognizes a discovery rule for this claim type: The two-year clock runs from when the injury becomes reasonably ascertainable, but K.S.A. 60-513(c) imposes an absolute four-year statute of repose measured from the negligent act, after which no action may be commenced regardless of discovery.
Advertisement
Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Written notice of claim must be filed with a municipality (e.g., county/city hospital) before suit under K.S.A. 12-105b(d); the municipality then has 120 days to act before suit may proceed.
- Damage caps: Kansas's statutory $350,000 cap on noneconomic damages (K.S.A. 60-19a02) was held unconstitutional as applied to personal-injury/medical claims in Hilburn v. Enerpipe Ltd., 309 Kan. 1127 (2019); there is currently no enforceable noneconomic cap.
Kansas's noneconomic damages cap was struck down as violating the jury-trial right in Hilburn v. Enerpipe (2019), so med-mal noneconomic damages are no longer capped.
Source: K.S.A. 60-513(a)(7), (c), official Kansas statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Kansas government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Kansas Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Kansas | 2 years | K.S.A. 60-513(a)(7), (c) |
| Nebraska | 2 yrs | Neb. Rev. Stat. § 44-2828 |
| Missouri | 2 yrs | RSMo § 516.105 |
| Oklahoma | 2 yrs | Okla. Stat. tit. 76, § 18 |
| Colorado | 2 yrs | C.R.S. § 13-80-102.5 |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Kansas?
You have 2 years from the date of the act giving rise to the cause of action, or when the fact of injury becomes reasonably ascertainable to the injured party, under K.S.A. 60-513(a)(7), (c).
Can I still sue after 2 years in Kansas?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to medical malpractice claims in Kansas?
Yes. The two-year clock runs from when the injury becomes reasonably ascertainable, but K.S.A. 60-513(c) imposes an absolute four-year statute of repose measured from the negligent act, after which no action may be commenced regardless of discovery.
What if the victim was a minor?
Kansas generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Written notice of claim must be filed with a municipality (e.g., county/city hospital) before suit under K.S.A. 12-105b(d); the municipality then has 120 days to act before suit may proceed.
Advertisement
Sources
- Official K.S.A. 60-513 - Kansas Office of Revisor of Statutes
- Corroborating Kansas Medical Malpractice Laws - Nolo
- Corroborating Hilburn v. Enerpipe Ltd. (2019) - Justia
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Kansas attorney.