Kansas Statutes

Chapter 60: Procedure, Civil

Article 35: Professional Malpractice Liability Screening Panels

Statutes:

• 60-3501: Definitions.
• 60-3502: Convening of screening panel; selection of members; list of professional licensees to be maintained by state agencies.
• 60-3503: Same; notice.
• 60-3504: Organization and conduct of meetings; rules by supreme court.
• 60-3505: Recommendations on issue; concurring and dissenting opinions; notice to parties; copy of opinion to judge; admissibility in subsequent legal proceedings.
• 60-3506: Party may file action upon rejecting panel's determination.
• 60-3507: Immunity of members from damages.
• 60-3508: Compensation and expenses of professional licensee members; payment by parties.
• 60-3509: Tolling of statute of limitations.

• 60-3501: Definitions. As used in K.S.A. 60-3501 through 60-3509:

        (a)   "Professional licensee" means any person licensed to practice a profession which a professional corporation is authorized to practice but does not include any health care provider as defined by K.S.A. 40-3401 and amendments thereto.

        (b)   "Professional malpractice liability action" means any action for damages arising out of the rendering of or failure to render services by a professional licensee.

        History:   L. 1987, ch. 214, § 1; July 1.

• 60-3502: Convening of screening panel; selection of members; list of professional licensees to be maintained by state agencies. If a professional malpractice liability action is filed in a district court of this state and one of the parties to the action requests, by filing a memorandum with the court, that a professional malpractice screening panel be convened, the judge of the district court or, if the district court has more than one division, the chief judge of such court shall convene a professional malpractice screening panel, hereafter referred to as the screening panel. If a claim for damages arising out of the rendering of or failure to render services by a professional licensee has not been formalized by the filing of a petition, any party affected by such claim may request, by filing a memorandum with the court, that a screening panel be convened and, if such request is made, the judge of the district court or the chief judge of such court shall convene a screening panel.

        The membership of the screening panel shall be selected as follows: (a) A person licensed in the same profession as the defendant or person against whom the claim is filed, designated by the defendant or by the person against whom the claim is made if no petition has been filed; (b) a person licensed in the same profession as the defendant or person against whom the claim is filed, designated by the plaintiff or by the claimant if no petition has been filed; (c) a person licensed in the same profession as the defendant or person against whom the claim is filed, selected jointly by the plaintiff and the defendant or by the claimant and the person against whom the claim is made, if no petition has been filed; and (d) an attorney selected by the judge of the district court or the chief judge of such court from a list of attorneys maintained by the judge of the district court for such purpose. Such attorney shall be a nonvoting member of the screening panel but shall act as chairperson of the screening panel.

        The state agency which licenses, registers, certifies or otherwise is responsible for the practice of any group of professional licensees shall maintain and make available to the parties to the proceeding a current list of professional licensees who are willing and available to serve on the screening panel. The persons appointed shall constitute the screening panel for the particular professional malpractice claim to be heard.

        History:   L. 1987, ch. 214, § 2; L. 1999, ch. 57, § 55; July 1.

• 60-3503: Same; notice. The district judge or the chief judge of such court shall notify the parties to the action that a screening panel has been convened and that the members of such screening panel are to be appointed within 10 days of the receipt of such notice. If the plaintiff and the defendant or, if no petition has been filed, the claimant and the party against whom the claim is made are unable to jointly select a professional licensee within 10 days after receipt of notice that a screening panel has been convened, the judge of the district court or the chief judge of such court shall select such professional licensee.

        History:   L. 1987, ch. 214, § 3; L. 1999, ch. 57, § 56; July 1.

• 60-3504: Organization and conduct of meetings; rules by supreme court. The screening panel shall convene with notice in writing to all parties and their counsel and shall decide, after consideration of any records or evidence available and the contentions of the parties, whether there was a departure from the standard practice of the profession involved and whether a causal relationship existed between the damages suffered by the claimant and any such departure. The screening panel shall give notice, organize and conduct its meetings in accordance with rules of procedure adopted by the supreme court of Kansas to govern notice, organization and conduct of such meetings, except strict adherence of the rules of procedure and evidence applicable in civil cases shall not be required. All meetings of the screening panel shall be held in camera.

        History:   L. 1987, ch. 214, § 4; July 1.

• 60-3505: Recommendations on issue; concurring and dissenting opinions; notice to parties; copy of opinion to judge; admissibility in subsequent legal proceedings. (a) Within 90 days after the screening panel is commenced, such panel shall make written recommendations on the issue of whether the professional licensee departed from the standard of conduct in a way which caused the plaintiff or claimant damage. A concurring or dissenting member of the screening panel may file a written concurring or dissenting opinion. All written opinions shall be supported by corroborating references to published literature and other relevant documents.

        (b)   The screening panel shall notify all parties when its determination is to be handed down, and, within seven days of its decision, shall provide a copy of its opinion and any concurring or dissenting opinion to each party and each attorney of record and to the judge of the district court or the chief judge of such court.

        (c)   The written report of the screening panel shall be admissible in any subsequent legal proceeding, and either party may subpoena any and all members of the panel as witnesses for examination relating to the issues at trial.

        History:   L. 1987, ch. 214, § 5; L. 1999, ch. 57, § 57; L. 2001, ch. 6, § 1; July 1.

• 60-3506: Party may file action upon rejecting panel's determination. If one or more of the parties rejects the final determination of the screening panel, the plaintiff may proceed with the action in the district court.

        History:   L. 1987, ch. 214, § 6; July 1.

• 60-3507: Immunity of members from damages. No member of the screening panel shall be subject to a civil action for damages as a result of any action taken or recommendation made by such member acting without malice and in good faith within the scope of such member's official capacity as a member of the screening panel.

        History:   L. 1987, ch. 214, § 7; July 1.

• 60-3508: Compensation and expenses of professional licensee members; payment by parties. (a) Each professional licensee member of the screening panel shall be paid a total of $250 for all work performed as a member of the panel exclusive of time involved if called as a witness to testify in court and, in addition thereto, reasonable travel expense. The chairperson of the panel shall be paid a total of $500 for all work performed as a member of the panel exclusive of time involved if called as a witness to testify in court and, in addition thereto, reasonable travel expenses. The chairperson shall keep an accurate record of the time and expenses of all the members of the panel, and the record shall be submitted to the parties for payment with the panel's report.

        (b)   Costs of the panel including travel expenses and other expenses of the review shall be paid by the side in whose favor the majority opinion is written. If the panel is unable to make a recommendation, each side shall pay 1/2 the costs. Items which may be included in the taxation of costs shall be those items enumerated by K.S.A. 60-2003 and amendments thereto.

        History:   L. 1987, ch. 214, § 8; L. 1991, ch. 175, § 1; July 1.

• 60-3509: Tolling of statute of limitations. In those cases before a screening panel which have not been formalized by filing a petition in a court of law, the filing of a memorandum requesting the convening of a screening panel shall toll any applicable statute of limitations and such statute of limitations shall remain tolled until 30 days after the screening panel has issued its written recommendations.

        History:   L. 1987, ch. 214, § 9; July 1.