Statute of Limitations on Malpractice in Kansas
When a professional, such as a doctor or lawyer, behaves negligently, his actions may give rise to a malpractice claim. Kansas, however, like other states, has adopted what is known as a "statute of limitations" to avoid lengthy and unfair delays in bringing these claims. Once that time limit set by the statute of limitations has expired, unless an exception applies the injured party can no longer bring a legal claim.
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What is Malpractice?
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Malpractice is not a unique legal cause of action; rather, it is a unique subset of a larger cause of action. Malpractice actions are a type of negligence claim, or a claim that a professional was negligent in the performance of his duties. Professional malpractice occurs when a professional's actions fall below the accepted standard of care, and those actions cause injury to the client, patient or other victim. The most common malpractice actions are medical and legal malpractice. In the case of medical malpractice, malpractice can also lead to a claim for wrongful death, if the victim of the medical malpractice dies and her family chooses to pursue a claim.
Medical Malpractice
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Medical malpractice is any malpractice committed by a medical professional. In Kansas, the statute of limitations for medical practice is twofold. A victim of medical malpractice must take legal action within two years of the date upon which he should have realized that he was injured. But in no event can a victim bring an action more than four years after the act that caused the injury actually occurred.
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Legal Malpractice
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Legal malpractice, like medical malpractice, involves actions by a professional that fall below the standard of care. The Kansas statute of limitations for legal malpractice is the same as that for medical malpractice. A victim of legal malpractice must file a lawsuit two years after he could reasonably have discovered his injury, but no more than four years after the acts causing the injury occurred.
Calculating the Limitation Date
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While the statute of limitations deadline for filing a claim is often described as a drop-dead date, there are many ways in which this deadline can be altered. For instance, if the victim was a minor at the time the malpractice occurred, he will have until he turns 19 to file a claim. Other circumstances, such as the mental incompetence of the victim, or the defendant's bankruptcy, and also delay, or "toll," the operation of the statute of limitations.
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References
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