K.S.A. » Chapter 60
Kansas Statutes Annotated

K.S.A. § 60-3407 (2026)

✓ current as of May 2026
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60-3407.

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

Notes of Decisions
Cited in 8 cases, 1988–2012 · leading case: Miller v. Johnson, 289 P.3d 1098 (Kan. 2012).
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Miller v. Johnson, 289 P.3d 1098 (Kan. 2012). · cites it 8× “K.S.A. 1986 Supp. 60-3407. It restricted none-conomic damages to $250,000 but also imposed an overall cap of $1 million for total damages.”
Samsel v. Wheeler Transp. Servs., Inc., 789 P.2d 541 (Kan. 1990). · cites it 6× “Finally, the legislature attempted to limit the liability of health care providers in medical malpractice actions by capping recovery for noneconomic losses at $250,000 and by placing a total cap on all losses, both economic and noneconomic, at $1,000,000 (K.”
Kansas Malpractice Victims Coalition v. Bell, 757 P.2d 251 (Kan. 1988). · cites it 6× “Here is a sample of how the bill works: Section 13, K.S.A. 1987 Supp. 60-3407, limits recovery to $250,000 for all "noneconomic loss.”
Mahomes-Vinson v. United States, 751 F. Supp. 913 (D. Kan. 1990). · cites it 6× “Nothing appears to have prevented the court from saying the holding in Bell on statutory caps for noneconomic losses under K.S.A.1987 Supp. 60-3407 is overruled, other than its respect for precedent or some unexplained reason for distinguishing the relevant statutes and purposes.”
Bair v. Peck, 811 P.2d 1176 (Kan. 1991). · cites it 2× “In that case the court was faced with the constitutionality of K.S.A.1987 Supp. 60-3407 and 60-3409 which, inter alia, limited recovery of "noneconomic loss" to $250,000 and total recovery to $1,000,000.”
Castaneda Ex Rel. Est. of Castaneda v. United States, 546 F.3d 682 (9th Cir. 2008). “118 (2) ($500,000); Kan. Stat. Ann. § 60-3407 (a) ($1 million).”
Williams v. Kushner, 549 So. 2d 294 (La. 1989). “" These supplemental benefits, combined with the amount received from the physician, may not exceed $3,000,000, and are payable only from the health care stabilization fund.”
Castaneda v. Henneford (9th Cir. 2008). “118 (2) ($500,000); Kan. Stat. Ann. § 60-3407 (a) ($1 million).”
— K.S.A. § 60-3407(a) — 2 cases
Mahomes-Vinson v. United States, 751 F. Supp. 913 (D. Kan. 1990). “Nothing appears to have prevented the court from saying the holding in Bell on statutory caps for noneconomic losses under K.S.A.1987 Supp. 60-3407 is overruled, other than its respect for precedent or some unexplained reason for distinguishing the relevant statutes and purposes.”
Miller v. Johnson, 289 P.3d 1098 (Kan. 2012). “K.S.A. 1986 Supp. 60-3407. It restricted none-conomic damages to $250,000 but also imposed an overall cap of $1 million for total damages.”
— K.S.A. § 60-3407(d) — 1 case
Miller v. Johnson, 289 P.3d 1098 (Kan. 2012). “K.S.A. 1986 Supp. 60-3407. It restricted none-conomic damages to $250,000 but also imposed an overall cap of $1 million for total damages.”
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