Our firm has defended medical providers for decades. Rarely is there true negligence; rather, bad outcomes occur due to all of the variables involved in a person’s health and how the body responds to medical care, things usually beyond the control of the medical provider.

No. It still has to be proven the act which was done with less than ordinary care was causative of the injury.

No. Kansas law requires there be proof the medical provider did not act with the skill ordinarily possessed by such providers. Essentially, it has to be proven the provider acted with less than ordinary care.

This is a difficult situation. Medical care providers like you may want to provide services to their patients but may not be completely comfortable doing so with a lawsuit by the patient pending against them. If you feel as though your relationship with your patient is stable, then you may be okay to keep them on as a patient. But you should be aware that some patients may use the continued relationship as a way to try to gather evidence to support their case or may remember or interpret things you say differently than you. In that case, it may be best for all involved for the patient to have another medical care provider. If you have any concern about keeping the patient as a client, you should assist the patient by referring them to another physician.

You have until 2 years after the act giving rise to the cause of action first causes substantial injury. If the fact of injury is not reasonably ascertainable until sometime after the initial act, then you have 2 years after the fact of injury becomes reasonably ascertainable.

If the case does not get resolved before trial, typically around 2 years from filing of lawsuit to end of trial.

The vast majority do not go to trial. However, medical malpractice lawsuits tend to go to trial more often than other civil cases.