Last month, the federal government announced it planned to file a lawsuit
against Mark Fesen, an oncologist who previously worked at the Hutchinson
Clinic. When Joanne Clarke first heard the news of the suit, she was brought
to tears. This is because she was forced to remember the agonizing pain
her husband had to endure after going through unnecessary chemotherapy.
Although the federal government will get an opportunity in court to seek
justice for the alleged Medicare fraud related to unnecessary cancer treatments,
hundreds of patients and their families are left with very little recourse
under Kansas law.
Our attorney, Blake Shuart, recently spoke to The Kansas City Star about
the federal lawsuit and according to him, the vast majority of Fesen’s
patients will not have the ability to
file a malpractice suit. This is because of two laws:
- The statute of limitations
- The statute of repose
When it comes to medical malpractice lawsuits, the statute of limitations
require the case to be filed within 2 years of the incident. The statute
of limitations can be extended if the person did not know they were the
victims of malpractice at the time, but even with a an extension, Kansas
has a four-year statute of repose that says medical malpractice lawsuits
must be filed within four years of the date of the negligence.
Because Fesen has practiced medicine in the state since 1993, he is likely
to have thousands of patients who are ineligible to file a medical malpractice claim.
“The first thing on people’s minds when they’re injured
and hurting is not usually filing a lawsuit, and unbeknownst to them,
they’re faced with strict time limitations that end up damaging
or ruining their case by the time they have to take action,” said
According to Mr. Shuart, “Legislators have decided they want health
care providers to have some degree of predictability regarding how long
they might have exposure for mistakes they’ve made, even if that
means barring some claims that lead to unjust situations. They’ve
determined that overall these laws benefit society by furthering the ability
of health care providers to practice medicine.”
While Kansas’ statutes of limitations align with other states, the
state’s low caps on damages and low insurance requirements make
it harder for patients to receive compensation. In fact, the state of
Kansas has one of the lowest caps on malpractice damages in the entire
Speak to a Medical Malpractice Lawyer in Wichita Today
Hutton & Hutton Law Firm, LLC, we offer skilled representation and legal advice to clients throughout
Missouri. Although medical malpractice cases can be complicated, we aren’t
afraid of a challenge. Our experienced lawyers will use our full resources
to help you secure the compensation you deserve. Let us fight for you today!
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