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.
Structure Kansas Statutes
Article 49 - Health Care Providers
65-4902 Same; notice to parties; designation or selection of health care provider.
65-4905 Rejection by one or more parties; court action.
65-4906 Immunity of screening panel from damages, when.
65-4907 Compensation of panel members; assessment of costs.
65-4908 Filing memorandum request for panels to toll statute of limitations, when.
65-4914 Public policy relating to provision of health care.
65-4923 Reporting requirements.
65-4924 Reports relating to impaired providers; procedures.
65-4926 Immunity from civil liability for report or investigation, limits.
65-4927 Failure to report; remedies; immunity from civil liability.
65-4928 Employer retribution for reporting; prohibition; remedy.
65-4930 Act supplemental to existing law.
65-4941 Do not resuscitate orders or directives; definitions.
65-4943 Same; requirements of form.
65-4944 Same; immunity from liability.
65-4945 Same; existing documents, compliance with act.
65-4946 Same; DNR identifier; duties of emergency medical services board; rules and regulations.
65-4947 Same; validity of DNR order during transport of patient.
65-4948 Same; rules and regulations.
65-4955 Health care provider cooperation act; legislative findings; protection of public.
65-4961 Same; advisory committee of health care providers created.
65-4969 Contact lens advisory council established; membership on council; expenses of members.
65-4974 Research protocols; informed consent of adults and emancipated minors.
65-4975 Pain patient's quality of care act.
65-4976 Legislative findings on pain treatment.
65-4977 Persons suffering from pain; use of controlled substances for pain treatment.
65-4978 Medical retainer agreement; definitions; requirements; notice.