Kansas Statutes

Chapter 60: Procedure, Civil

Article 34: Professional Liability Actions

Statutes:

• 60-3401:
• 60-3402:
• 60-3403:
• 60-3404: Expiration of act.
• 60-3405: Findings and purpose.
• 60-3406: Definitions.
• 60-3407:
• 60-3408: Verdict; period for payment for future losses.
• 60-3409:
• 60-3410: Application of 60-3406 through 60-3408.
• 60-3411:
• 60-3412: Expert witnesses, qualifications.
• 60-3413: Settlement conference.
• 60-3414: Severability.

• 60-3401:

        History:   L. 1985, ch. 197, § 1; Expired, July 1, 1989.

• 60-3402:

        History:   L. 1985, ch. 197, § 2; L. 1988, ch. 209, § 1; Expired, July 1, 1989.

• 60-3403:

        History:   L. 1985, ch. 197, § 3; Repealed, L. 1988, ch. 222, § 8; July 1.

• 60-3404: Expiration of act. (a) The provisions of K.S.A. 1985 Supp. 60-3401 through 60-3403 shall expire on July 1, 1989.

        (b)   This act shall be part of and supplemental to the code of civil procedure.

        History:   L. 1985, ch. 197, § 4; July 1.

• 60-3405: Findings and purpose. Substantial increases in costs of professional liability insurance for health care providers have created a crisis of availability and affordability. This situation poses a serious threat to the continued availability and quality of health care in Kansas. In the interest of the public health and welfare, new measures are required to assure that affordable professional liability insurance will be available to Kansas health care providers, to assure that injured parties receive adequate compensation for their injuries, and to maintain the quality of health care in Kansas.

        History:   L. 1986, ch. 229, § 1; July 1.

• 60-3406: Definitions. As used in K.S.A. 60-3406 through 60-3410 and amendments thereto:

        (a)   The words and phrases defined by K.S.A. 60-3401 and amendments thereto shall have the meanings provided by that section.

        (b)   "Current economic loss" means costs of medical care and related benefits, lost wages and other economic losses incurred prior to the verdict.

        (c)   "Future economic loss" means costs of medical care and related benefits, lost wages, loss of earning capacity or other economic losses to be incurred after the verdict.

        (d)   "Medical care and related benefits" means reasonable expenses of necessary medical care, hospitalization and treatment required due to the negligent rendering of or failure to render professional services by the liable health care provider.

        History:   L. 1986, ch. 229, § 12; L. 1987, ch. 224, § 3; July 1.

• 60-3407:

        History:   L. 1986, ch. 229, § 13; L. 1988, ch. 216, § 1; Expired, July 1, 1993.

• 60-3408: Verdict; period for payment for future losses. In every medical malpractice liability action in which the verdict awards damages for future economic losses, the verdict shall specify the period of time over which payment for such losses will be needed.

        History:   L. 1986, ch. 229, § 14; L. 1987, ch. 224, § 4; July 1.

• 60-3409:

        History:   L. 1986, ch. 229, § 15; Repealed, L. 1989, ch. 143, § 10; July 1.

• 60-3410: Application of 60-3406 through 60-3408. The provisions of K.S.A. 60-3406 through 60-3408 and amendments thereto shall apply only to medical malpractice liability actions which are based on causes of action accruing on or after July 1, 1986.

        History:   L. 1986, ch. 229, § 16; L. 1989, ch. 143, § 8; July 1.

• 60-3411:

        History:   L. 1986, ch. 229, § 28; Repealed, L. 1989, ch. 143, § 10; July 1.

• 60-3412: Expert witnesses, qualifications. In any medical malpractice liability action, as defined in K.S.A. 60-3401 and amendments thereto, in which the standard of care given by a practitioner of the healing arts is at issue, no person shall qualify as an expert witness on such issue unless at least 50% of such person's professional time within the two-year period preceding the incident giving rise to the action is devoted to actual clinical practice in the same profession in which the defendant is licensed.

        History:   L. 1986, ch. 229, § 17; July 1.

• 60-3413: Settlement conference. (a) In any medical malpractice liability action, as defined by K.S.A. 60-3401 and amendments thereto, the court shall require a settlement conference to be held not less than 30 days before trial.

        (b)   The settlement conference shall be conducted by the trial judge or the trial judge's designee. The attorneys who will conduct the trial, all parties and all persons with authority to settle the claim shall attend the settlement conference unless excused by the court for good cause.

        (c)   Offers, admissions and statements made in conjunction with or during the settlement conference shall not be admissible at trial or in any subsequent action.

        History:   L. 1986, ch. 229, § 18; July 1.

• 60-3414: Severability. If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application and, to this end, the provisions of this act are severable.

        History:   L. 1986, ch. 229, § 51; July 1.