K.S.A. » Chapter 75
Kansas Statutes Annotated

K.S.A. § 75-6115 (2026)

Claims for damages against health care providers

✓ current as of May 2026
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75-6115. Claims for damages against health care providers. (a) The Kansas tort claims act shall not be applicable to claims arising from the rendering of or failure to render professional services by a health care provider other than:

(1) A charitable health care provider;

(2) a hospital owned by a municipality and the employees thereof;

(3) a local health department and the employees thereof;

(4) an indigent health care clinic and the employees thereof;

(5) a district coroner or deputy district coroner appointed pursuant to K.S.A. 22a-226, and amendments thereto; or

(6) a community mental health center and the employees thereof.

(b) Claims for damages against a health care provider that is a governmental entity or an employee of a governmental entity other than those health care providers enumerated in subsection (a), arising out of the rendering of or failure to render professional services by such health care provider, may be recovered in the same manner as claims for damages against any other health care provider.

(c) As used in this section:

(1) "Indigent health care clinic" shall have the meaning ascribed to such term under K.S.A. 75-6102, and amendments thereto.

(2) "Charitable health care provider" shall have the meaning ascribed to such term under K.S.A. 75-6102, and amendments thereto.

(3) "Health care provider" shall have the meaning ascribed to such term under K.S.A. 40-3401, and amendments thereto.

(4) "Hospital" means a medical care facility as defined in K.S.A. 65-425, and amendments thereto, and includes within its meaning any clinic, school of nursing, long-term care facility, child-care facility and emergency medical or ambulance service operated in connection with the operation of the medical care facility.

(5) "Local health department" shall have the meaning ascribed to such term under K.S.A. 65-241, and amendments thereto.

History: L. 1979, ch. 186, § 15; L. 1982, ch. 375, § 1; L. 1989, ch. 143, § 7; L. 1990, ch. 329, § 3; L. 1993, ch. 29, § 3; L. 1993, ch. 276, § 1; L. 2016, ch. 92, § 5; July 1.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2001–2024 · leading case: Nash v. Blatchford, 435 P.3d 562 (Kan. Ct. App. 2019).
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Nash v. Blatchford, 435 P.3d 562 (Kan. Ct. App. 2019). · cites it 11× “K.S.A. 2017 Supp. 75-6115(a). K.S.A. 2017 Supp.”
Knorp v. Albert, 28 P.3d 1024 (Kan. Ct. App. 2001). · cites it 2× “Certain claims which are based on the rendering or failure to render professional services by health care providers are excluded from coverage under the KTCA by K.S.A. 75-6115. However, there are five exceptions to this exclusion, and one of those exceptions is applicable to…”
Sleeth v. Sedan City Hosp., 317 P.3d 782 (Kan. 2014). “See K.S.A. 75-6115(a)(2) (the Kansas Tort Claims Act is applicable to claims against a hospital owned by a municipality and the employees thereof alleging a health care provider’s failure to perform professional services).”
Ashley Clinic v. Coates, 545 P.3d 1020 (Kan. Ct. App. 2024). “75-6102(b) (county entities are subject to the KTCA); see also K.S.A. 75-6115(a)(2) (KTCA covers claims for professional malpractice against employees of county hospitals).”
— K.S.A. § 75-6115(a) — 1 case
Nash v. Blatchford, 435 P.3d 562 (Kan. Ct. App. 2019). “K.S.A. 2017 Supp. 75-6115(a). K.S.A. 2017 Supp.”
— K.S.A. § 75-6115(a)(2) — 4 cases
Nash v. Blatchford, 435 P.3d 562 (Kan. Ct. App. 2019). “K.S.A. 2017 Supp. 75-6115(a). K.S.A. 2017 Supp.”
Sleeth v. Sedan City Hosp., 317 P.3d 782 (Kan. 2014). “See K.S.A. 75-6115(a)(2) (the Kansas Tort Claims Act is applicable to claims against a hospital owned by a municipality and the employees thereof alleging a health care provider’s failure to perform professional services).”
Knorp v. Albert, 28 P.3d 1024 (Kan. Ct. App. 2001). “Certain claims which are based on the rendering or failure to render professional services by health care providers are excluded from coverage under the KTCA by K.S.A. 75-6115. However, there are five exceptions to this exclusion, and one of those exceptions is applicable to…”
Ashley Clinic v. Coates, 545 P.3d 1020 (Kan. Ct. App. 2024). “75-6102(b) (county entities are subject to the KTCA); see also K.S.A. 75-6115(a)(2) (KTCA covers claims for professional malpractice against employees of county hospitals).”
— K.S.A. § 75-6115(c)(3) — 1 case
Nash v. Blatchford, 435 P.3d 562 (Kan. Ct. App. 2019). “K.S.A. 2017 Supp. 75-6115(a). K.S.A. 2017 Supp.”
— K.S.A. § 75-6115(c)(4) — 1 case
Nash v. Blatchford, 435 P.3d 562 (Kan. Ct. App. 2019). “K.S.A. 2017 Supp. 75-6115(a). K.S.A. 2017 Supp.”
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