65-4901.
Medical malpractice screening panels; convening; selection of members; list of health care providers maintained by state agency.
(a) If a petition is filed in a district court of this state claiming damages for personal injury or death on account of alleged medical malpractice of a health care provider and one of the parties to the action requests, by filing a memorandum with the court, that a medical malpractice screening panel be convened, the judge of the district court shall convene a medical malpractice screening panel, hereafter referred to as the "screening panel." If a petition is filed in a district court of this state claiming damages for personal injury or death on account of alleged medical malpractice of a health care provider and none of the parties to the action requests that a screening panel be convened, the judge may convene a screening panel upon the judge's own motion. If a claim for damages for personal injury or death on account of alleged medical malpractice of a health care provider 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 shall convene a screening panel. If a petition or claim is filed naming more than one defendant or more than one person against whom a claim is being made, each defendant or person is entitled to request a screening panel.
(b) The membership of the screening panel shall be selected as follows: (1) A health care provider designated by the defendant or by the person against whom the claim is made if no petition has been filed; (2) a health care provider designated by the plaintiff or by the claimant if no petition has been filed; (3) a health care provider 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 (4) an attorney selected by the judge of the district 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.
(c) The state agency which licenses, registers, certifies or otherwise is responsible for the practice of any group of health care providers shall maintain and make available to the parties to the proceeding a current list of health care providers who are willing and available to serve on the screening panel. The persons appointed shall constitute the screening panel for the particular medical malpractice claim to be heard.
History:
L. 1976, ch. 249, § 1; L. 1979, ch. 206, § 1; L. 1999, ch. 57, § 63; L. 2008, ch. 80, § 5; L. 2012, ch. 67, § 4; July 1.
Notes of Decisions
Cited in
27
cases (
5 in the last 5 years), 1986–2026 · leading case:
Martindale v. Tenny, 829 P.2d 561 (Kan. 1992).
Martindale v. Tenny, 829 P.2d 561 (Kan. 1992).
· cites it 8× “119) and the Medical Malpractice Screening Panel Act, K.S.A. 65-4901 et seq., filed pleadings with the district court requesting that a medical malpractice screening panel (hereafter “the panel”) be convened to review her claim.”
Samsel v. Wheeler Transp. Servs., Inc., 789 P.2d 541 (Kan. 1990).
· cites it 4× “18 (1987). The Kansas Legislature and Governor took the following actions: In 1976, the Health Care Provider Insurance Availability Act, which created the Health Care Stabilization Fund, was enacted (K.”
Smith v. Graham, 147 P.3d 859 (Kan. 2006).
· cites it 7× “The Medical Malpractice Screening Panels Act, K.S.A. 65-4901 et seq., was enacted to provide for the early resolution of many medical malpractice claims without the expense and delay of actual litigation.”
Williamson v. Amrani, 152 P.3d 60 (Kan. 2007).
· cites it 2× “, K.S.A. 65-4901(establishing medical malpractice screening panels "[i]f a petition is filed in a district court of this state claiming damages for personal injury or death on account of alleged medical malpractice of a health care provider").”
Miller v. Johnson, 289 P.3d 1098 (Kan. 2012).
“7-121b; (3) establishment of medical malpractice screening panels, K.S.A. 1976 Supp. 65-4901 et seq.\ (4) allowance of evidence of collateral source benefits in medical malpractice cases, K.”
Macias v. Correct Care Solutions, Inc., 367 P.3d 311 (Kan. Ct. App. 2016).
· cites it 3× “: Our legislature has provided a procedure found in K.S.A. 65-4901 et seq. for evaluating medical malpractice claims either before suit is brought on the claim or after a medical malpractice action has been commenced.”
Watkins v. McAllister, 59 P.3d 1021 (Kan. Ct. App. 2002).
· cites it 2× “) Two issues are raised: (1) Did the district court err in concluding the plaintiff failed to present expert medical testimony that the negligence of the physicians, if any, caused harm to the plaintiff; and (2) did the district court abuse its discretion in excluding…”
Lawless v. Cedar Vale Reg'l Hosp., 850 P.2d 795 (Kan. 1993).
· cites it 4× “On December 11, 1989, within two years of the date of Sade’s death and prior to filing an action against the hospital, plaintiffs filed in the district court a request for a medical malpractice screening panel (panel) pursuant to K.S.A. 65-4901 et seq. K.S.A. 65-4901 provides if…”
Roy v. Young, 93 P.3d 712 (Kan. 2004).
“are, for all practical purposes, identical to the provisions of K.S.A. 65-4901 et seq., which apply to medical malpractice screening panels.”
Cutler v. Sosinski, 122 P.3d 405 (Kan. Ct. App. 2005).
· cites it 4× “On June 18, 2003, Cutler filed a petition requesting a medical malpractice screening panel, pursuant to K.S.A. 65-4901. She named Richard Sosinski, M.”
State v. Naramore, 965 P.2d 211 (Kan. Ct. App. 1998).
· cites it 2× “60-3502; K.S.A. 65-4901. These panels consist of health care providers who decide whether there was a departure from the standard practice of the profession and whether a causal relationship existed between the damages suffered by the claimant and any such departure.”
White v. Vinzant, 773 P.2d 1169 (Kan. Ct. App. 1989).
· cites it 2× “94) and K.S.A. 65-4901 et seq. On January 21, 1987, the district court ordered that a screening panel be convened and designated the non-voting chairperson of the panel.”
— K.S.A. § 65-4901(a) — 2 cases
— K.S.A. § 65-4901(b) — 1 case
— K.S.A. § 65-4901(c) — 2 cases
Macias v. Correct Care Solutions, Inc., 367 P.3d 311 (Kan. Ct. App. 2016).
“: Our legislature has provided a procedure found in K.S.A. 65-4901 et seq. for evaluating medical malpractice claims either before suit is brought on the claim or after a medical malpractice action has been commenced.”
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