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★ Kansas · medical negligence

Medical negligence settlements
in Kansas.

By 9 min read

Kansas malpractice awards have been shaped by damages caps. In 2010 a $2 million verdict over a death after an ERCP procedure was cut to $1 million under the wrongful death and noneconomic caps. In 2018 the Supreme Court affirmed a $907,484.69 verdict against a doctor who missed that a patient was about to have a stroke.

Facts that decide a medical negligence claim in Kansas

Caps in older casesBefore Hilburn, courts applied the wrongful death and noneconomic caps together to reduce malpractice verdicts, as in McGinnes.McGinnes v. Wesley Medical Center (Kan. App. 2010)
Pain and suffering cap struck downK.S.A. 60-19a02 still lists caps rising to $350,000, but the Kansas Supreme Court held in 2019 that the cap violates the right to trial by jury in a personal injury case.Hilburn v. Enerpipe Ltd. (Kan. 2019)
Fault ruleYour negligence does not bar recovery “if that party’s negligence was less than the causal negligence of the party or parties against whom a claim is made,” but the award is reduced by your share.K.S.A. 60-258a(a)
★ band · US federal frame
$30,000 to statutory cap
Medical negligence (non-fatal)
State medical-malpractice cap as in force on the date of injury

The US band is the starting point. Kansas's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your medical negligence claim in Kansas. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

Check my case
★ KS · reported medical negligence outcomes

What Kansas courts have awarded.

Real Kansas decisions and verdicts, each linked to the court record or official report.

  • Castleberry v. DeBrot
    Kansas Supreme Court · 2018
    $907,484.69 judgment affirmed

    The heirs of Barbara Castleberry alleged her doctor failed to recognize she was about to suffer a stroke the day before she had it. A jury found him at fault, and judgment was entered for $907,484.69. The Supreme Court affirmed, rejecting challenges to the fault instruction, closing arguments and expert testimony that doctors must err on the safe side.

  • McGinnes v. Wesley Medical Center
    Kansas Court of Appeals · 2010
    $2,000,000 verdict reduced to $1,000,000

    Darryl McGinnes had an ERCP procedure in February 2002; afterward he developed acute pancreatitis and died days later of a cardiac arrhythmia from a pulmonary embolism. The jury returned $2,000,000 for his family and estate, which the court reduced to $1,000,000 under the wrongful death and noneconomic caps. The Court of Appeals affirmed in part and reversed in part.

★ KS · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in Kansas.

  1. 1

    Missed warning signs of stroke are a strong malpractice theory, as Castleberry shows.

  2. 2

    Older malpractice judgments were cut by caps; after Hilburn, check how caps apply to your claim.

  3. 3

    Expert testimony framing the standard of care can survive appeal, as in Castleberry.

★ KS · statute of limitations
2 years from date of injury

Kan. Stat. Ann. § 60-513

★ KS · fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault.

★ KS · caps

What caps recovery.

Statutory caps that may bear on a medical negligence settlement in Kansas.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How Kansas's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
Kansas · you are hereModified comparative, 50% bar2 years from date of injury—
MichiganModified comparative, 51% bar3 years from date of injuryMI · medical negligence →
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · medical negligence →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · medical negligence →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · medical negligence →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · medical negligence →
OhioModified comparative, 51% bar2 years from date of injuryOH · medical negligence →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · medical negligence →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · medical negligence →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · medical negligence →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · medical negligence →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · medical negligence →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · medical negligence →
★ KS · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ all of KS
Kansas overview

Fault rule, statute, caps, and key facts for Kansas as a whole.

★ federal frame
Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Kansas's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Kansas. See /methodology, /sources, and /disclaimer.