Kansas Courts

District Court Rules Supreme/Appellate Court Rules Judicial Discipline Attorney Discipline Case Cover Sheets Child Support Guidelines Small Claims Information Open Records Procedures Code of Judicial Conduct Rules of Professional Conduct

Rules Adopted by the Supreme Court

Rules Relating to District Courts

Rule 142
Motions, Discover, Pretrial Procedures, and Related Matters

Medical and Professional Malpratice Screening Panels - Procedure, Compensation, and Expenses

The court may convene a medical or professional malpractice screening panel either before or after the filing of a petition in the district court as provided by K.S.A. 65-4901 et seq. or K.S.A. 60-3501 et seq.

(a) Definitions--As used in this rule:

(1) Plaintiff shall include both the party who has filed a petition as well as a claimant who has not formalized a dispute by the filing of a petition.

(2) Defendant shall include both a party who is a defendant as the result of the filing of a petition as well as a health care provider or professional licensee against whom a claim is made before the filing of a petition.

(3) Notification shall be in writing and served pursuant to K.S.A. 60-205. Notice need only be served on counsel, if employed, rather than both a party and his or her counsel.

(4) Filing of any documents except x-rays with a chairperson shall include an original plus three copies for the other members of the panel.

(5) District judge includes chief judges where applicable.

(6) Parties include both plaintiff and defendant as hereinbefore defined. If either or both parties employ counsel, then party or parties includes counsel.

(7) Commencement of a screening panel occurs on the date when the district judge notifies the parties that a screening panel shall be convened.

(b) Authorization--The plaintiff who files a request for a screening panel prior to the filing of a petition shall furnish to all health care providers or professional licensees who have provided services or treatment to the plaintiff in connection with the claim, an authorization releasing records to the screening panel or parties. Such authorization shall not be a waiver for any other purpose.

(c) Compensation and Expenses.

Compensation and expenses of medical malpractice screening panel members shall be as provided in K.S.A. 65-4907, and any amendments thereto. Compensation and expenses of professional malpractice screening panels shall be as provided in K.S.A. 60-3508, and any amendments thereto.

(d) Time for Request, Notice, Organization, and Conduct of Meetings.

(1) Whether or not a petition has been filed, any party may request a screening panel by signing a request for a panel. A request for a screening panel shall not be made later than 60 days after defendants are served with process. The party shall file the request with the district judge. The judge shall then notify all parties. Where a petition has been filed and the judge pursuant to K.S.A. 65-4901 determines without a request that a screening panel shall be convened, the judge shall notify the parties. In either instance the notice shall include the name of the attorney selected as chairperson and the need to select the other members within ten (10) days thereafter. The judge may enter an order partially or completely staying discovery pending the report of the screening panel.

(2) A health care provider or professional licensee may not serve on the screening panel where such health care provider or professional licensee has knowledge of any material facts in the case or a relationship with any of the parties which would affect the panel member's impartial consideration of the case. A health care provider or professional licensee must have expertise in the subject matter of the claim. Parties shall not discuss material facts of the case with any panel members. A panel member shall not discuss the facts of the case outside the regular meetings of the screening panel, or permit others to discuss the facts with him or her. A panel member shall report immediately to the chairperson any attempts by anyone to discuss the facts of the case with the panel member. A panel member shall sign a statement indicating recognition of the duty to consider the case impartially. The statement shall be provided to panel members by the chairperson and shall be in substantially the following form:

Statement of Panel Member

I understand and agree to abide by the following principles:

I have no knowledge of material facts of the case, or relationships with any of the parties, which might affect my impartial consideration of the case.

I have had no contacts with any party concerning the facts of the case other than contacts disclosed to the chairperson of the panel.

I will not discuss the facts of the case outside the regular meetings of the panel and will report immediately to the chairperson any attempts by anyone to discuss the facts of the case with me.


(Signature of Panel Member)

The statement shall be accompanied by a copy of this rule, the relevant statutes concerning screening panels and a letter from the chairperson briefly explaining or describing the following:

(a) parties involved;

(b) composition of the panel;

(c) basic procedure of the panel;

(d) general issues for panel determination;

(e) requirements relating to impartial consideration by the panel; and

(f) compensation of panel members.

(3) The chairperson of the screening panel, as soon as practicable shall convene the screening panel at a time and place to be agreed upon by the panel members and shall notify the parties of the date of the panel meeting.

(4) Within thirty (30) days after the judge notifies the parties that a screening panel shall be convened, the plaintiff shall file with the chairperson all medical records, medical care facility records, x-rays, test results, treatises, documents, tangible evidence, and written contentions upon which the plaintiff or claimant relies. A copy thereof shall be provided to the other party except x-rays the original of which shall be made available to all parties by the chairperson. [See (a) (4) of this rule for number of copies.]

(5) Within thirty (30) days after plaintiff's filing, the defendant shall in like manner provide the chairperson and the plaintiff a copy of all medical records, medical care facility records, x-rays, test results, treatises, documents, tangible evidence, and written contentions not theretofore provided. [See (a) (4) of this rule for number of copies.]

(6) In a claim involving multiple plaintiffs or multiple defendants where the parties cannot agree on a three-member panel or enlarged panel, the district judge shall convene one or more screening panels as the judge shall determine to be necessary and may select the same chairperson for all of said panels and may suggest or require that all of such panels meet separately or jointly.

(7) The contention of the parties shall contain a statement of the issues of fact and law; a brief statement of the facts in support of and in opposition to the claim; and a brief statement of the law that is applicable with citation of authority in support thereof. Contentions shall not contain a statement of facts not included in the material filed with the chairperson.

(8) Oral testimony and the presence of the parties shall not be permitted. The screening panel shall determine if the material provided by the parties is adequate from which a decision can be made on the issue of whether there was a departure from the standard practice of the health care provider or professional licensee and whether a causal relationship existed between the damages claimed by the plaintiff and such departure, if any. If the screening panel determines that further information or legal authority is required, the screening panel at the discretion of the chairperson shall notify the parties of the additional material required and may submit written questions to the parties the answers to which need not be verified under oath. The requested additional material shall be limited to the issues of fact as contained in the contentions. Such additional material and answers shall be filed with the chairperson within ten (10) days after receipt of the written questions by mailing a copy of such answers to all parties and the chairperson.

(9) The chairperson's duties shall be to conduct such meetings as may be necessary to arrive at the facts. The chairperson shall advise the other members of the screening panel of the applicable rules of law and such rules shall be recorded in the opinion handed down by the screening panel. The screening panel then shall review all of the material and decide the facts and from those facts determine whether there was a departure from the standard practice of the health care provider specialty or profession involved. If a departure is found, there shall be further determination of whether a causal relationship existed between the damages claimed by the plaintiff and any such departure. Such findings must be based on reasonable probability but need not be to a scientific certainty.

(10) The screening panel shall prepare a written opinion of its findings. Any materials considered by the panel that were not provided by the parties shall be itemized in the panel's report. The opinion shall be supported by corroborating references to published literature and other relevant documents and shall:

A. state the standard of practice of the health care provider specialty or profession involved under the facts of the claim;

B. state whether there was a departure from the standard practice of the health care provider specialty or profession involved and the facts in support of a finding of departure, if any is found;

C. if a departure is found, state whether a causal relationship exists between the claimed injury sustained by the plaintiff and such departure. If a causal relationship is found, state the facts in support of such causal relationship; or

D. if the screening panel is unable to make a finding of either no departure or no causal relationship or both, so state giving the reasons therefor.

Case Annotations
1. Award of medical malpractice screening panel members' fees in excess of $35 reversed; rule is not ambiguous. Smith v. Frazier, 11 Kan. App. 2d 212, 212-15, 717 P.2d 531 (1986).
2. The parties' failure to complete the screening panel proceeding, and subsequent dismissal of such proceeding, does not alter the statute of limitations tolling provisions of K.S.A. 65-4908. White v. VinZant, 13 Kan. App. 2d 467, 773 P.2d 1169 (1989).
3. Plaintiff's filing of request for screening panel was sufficient to constitute a "claim filed" so as to toll the statute of limitations; 5-year delay in screening panel rendering opinion. Martindale v. Tenny, 250 Kan. 621, 829 P.2d 561 (1992).
4. Screening panel chairman dilatory in duties by failing to notify parties and obtain qualification statements of panel members; plaintiffs' designee excluded from participation; statute of limitations bars claim. Lawless v. Cedar Vale Regional Hosp., 252 Kan. 1064, 850 P.2d 795 (1993).
5. Rule 142 plays a role in screening panel procedure, compensation, and expenses. Johnson v. Mehta, 266 Kan. 1060, 974 P.2d 597 (1999).
6. Rule 142(d)(8) cited by Supreme Court in affirming summary judgment for defendants and upholding district court's decision to strike depositions from submissions to the screening panel in malpractice action; deposition considered form of testimony to be excluded from consideration of medical malpractice screening panel. Watkins v. McAllister, 30 Kan. App. 2d 1255, 59 P.3d 1021 (2002).

Law Review and Bar Journal References
Note, Medical Malpractice Legislation: The Kansas Response to the Medical Malpractice Crisis, 23 Washburn L.J. 566, 585-86 (1984).

[History: New rule promulgated February 7, effective March 15, 1977; Am. (d)(1), (6), (8), (10) effective September 11, 1979; Am. (c) promulgated May 7, effective July 1, 1986; Am. effective August 24, 1988; Am. (a) effective September 8, 2006.]