In Kansas, you have 2 years to file a medical malpractice claim under Kan. Stat. Ann. § 60-513(a)(7). The clock starts on the date of discovery.
✓ Statute cited · Reviewed October 2026Quick answer: In Kansas, you generally have 2 years to file a medical malpractice lawsuit. The clock starts: date of discovery. Governing statute: Kan. Stat. Ann. § 60-513(a)(7). Key exception: 4-year statute of repose from date of act.
Data last reviewed: October 2026. General information, not legal advice.
Kansas law requires medical malpractice plaintiffs to file suit within 2 years of the date of discovery, as established by Kan. Stat. Ann. § 60-513(a)(7). Failing to file before this deadline will almost certainly result in the court dismissing your case — regardless of how strong your evidence is or how clear the defendant's liability may be.
Most states use a discovery rule for medical malpractice — the clock starts when you knew or reasonably should have known the injury was caused by medical negligence, not when the procedure occurred. However, a separate statute of repose provides an absolute outer limit from the date of the negligent act.
Two years from discovery with a 4-year absolute repose cap.
| If the clock starts on | Last day to file (general rule) |
|---|---|
| March 15, 2025 | March 15, 2027 |
| September 1, 2025 | September 1, 2027 |
| January 15, 2026 | January 15, 2028 |
| July 1, 2026 | July 1, 2028 |
Examples assume the full 2 years applies with no tolling or special accrual rule. Deadlines that fall on a weekend or court holiday are often extended to the next business day, but do not count on it. Use the calculator on this page for your own date.
The 2-year deadline in Kansas applies to the following types of medical malpractice claims:
If your claim falls outside these categories, a different statute of limitations may apply. An attorney can confirm which deadline governs your specific situation.
Request complete records from every provider involved. These are your primary evidence and form the foundation of any malpractice claim.
Medical malpractice cases require expert witnesses and extensive investigation. Early consultation is essential because these cases take years to develop.
Most states require a certificate of merit or expert affidavit confirming the standard of care was breached before you can file suit.
Medical malpractice often has two deadlines: the limitations period (often from discovery) and a statute of repose (absolute outer limit from the act). Both must be tracked.
If the defendant is a VA facility, public hospital, or government-employed physician, special notice requirements with much shorter deadlines apply.
Medical malpractice claims are complex and courts are strict about timeliness. File well before the deadline — don't wait until the last moment.
| State | Years to File | Statute | Clock Starts |
|---|---|---|---|
| Kansas ★ | 2 yr | Kan. Stat. Ann. § 60-513(a)(7) | Date of discovery |
| Colorado | 2 yr | Colo. Rev. Stat. § 13-80-102.5 | Date of discovery |
| Missouri | 2 yr | Mo. Rev. Stat. § 516.105 | Date of discovery |
| Nebraska | 2 yr | Neb. Rev. Stat. § 44-2828 | Date of discovery |
| Oklahoma | 2 yr | Okla. Stat. tit. 76, § 18 | Date of act or discovery |
★ = Kansas. The state where the injury or incident occurred — not where you live — typically determines which statute of limitations applies.
Kansas's 2 years deadline for medical malpractice claims is longer than 4 and shorter than 18 of the other jurisdictions; 28 others match it. Nationally the period runs from 1 year to 5 years (median 2 years; average 2.3 years). In the Midwest the average is 2.2 years across 12 jurisdictions.
See all 29 jurisdictions with a 2 years medical malpractice deadline → · Medical Malpractice in all states →
Pre-filled with Kansas and Medical Malpractice. Just enter the date of your incident.
In Kansas, you have 2 years to file a medical malpractice claim, measured from the date of discovery. This deadline is set by Kan. Stat. Ann. § 60-513(a)(7). If you do not file within this window, your case will almost certainly be dismissed.
The clock starts on the Date of discovery. Two years from discovery with a 4-year absolute repose cap.
The following exceptions apply in Kansas:
If you miss the 2-year deadline, the defendant will file a motion to dismiss based on the expired statute of limitations. Courts virtually always grant such motions. Your case will be dismissed with prejudice — meaning permanently — regardless of how strong your evidence is. Always consult an attorney as soon as possible after an injury.
Yes. Kansas applies the discovery rule to medical malpractice claims. The clock starts when you discovered — or reasonably should have discovered — the harm and that someone else may be responsible. This matters most when the injury is not immediately apparent.
Kansas's 2-year deadline for medical malpractice claims is longer than 4 and shorter than 18 of the other jurisdictions. Across all states and D.C., medical malpractice deadlines range from 1 year to 5 years.
If a city, county, state agency, or other government entity is responsible, you typically must file a Notice of Claim with the agency within a much shorter period — often 60–180 days. Missing this notice requirement can permanently bar your claim even before the main statute of limitations expires. Consult an attorney immediately if any government entity is involved.
Possibly, but it is difficult. You would need to demonstrate that a tolling doctrine applies — such as the discovery rule, minority tolling, or fraudulent concealment. An attorney can evaluate whether any exception extends your deadline. Do not assume your claim is dead until you have spoken with a licensed Kansas attorney.
StatuteLimits.com. "Kansas Medical Malpractice Statute of Limitations (2026)." Reviewed October 2026. https://www.statutelimits.com/states/kansas/medical-malpractice
The medical malpractice statute of limitations in Kansas is strict. Missing the 2-year deadline permanently ends your right to sue — regardless of how strong your case is. Tolling rules, government notice requirements, and recent law changes can all affect your actual deadline.
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