7-121b.   Attorney fees in damage actions for acts oromissions of healthcare providers; approval; definitions.(a) Subject to subsection (b) of K.S.A. 40-3411 and amendments thereto,whenever a civil action is commenced by filing a petition or whenever apleading states a claim in a district court for damages for personalinjuries or death arising out of the rendering of or the failure to renderprofessional services by any health care provider, compensation for reasonableattorney fees to be paid by each litigant in the action shall be approvedby the judge after an evidentiary hearing and prior to final disposition ofthe case by the district court. Compensation for reasonable attorney feesfor services performed in an appeal of a judgment in any such action to thecourt of appeals shall be approved after an evidentiary hearing by thechief judge or by the presiding judge of the panel hearing the case.Compensation for reasonable attorney fees for services performed in anappeal of a judgment in any such action to the supreme court shall beapproved after an evidentiary hearing by the departmental justice for thedepartment in which the appeal originated. In determining thereasonableness of such compensation, the judge or justice shallconsider the following:

      (1)   The time and labor required, the novelty and difficulty of thequestions involved and the skill requisite to perform the legal serviceproperly.

      (2)   The likelihood, if apparent to the client, that the acceptance ofthe particular employment will preclude other employment by the attorney.

      (3)   The fee customarily charged in the locality for similar legal services.

      (4)   The amount involved and the results obtained.

      (5)   The time limitations imposed by the client or by the circumstances.

      (6)   The nature and length of the professional relationship with the client.

      (7)   The experience, reputation and ability of the attorney or attorneysperforming the services.

      (8)   Whether the fee is fixed or contingent.

      (b)   As used in this section:

      (1)   "Health care provider" means a person licensed to practice any branch ofthe healing arts, a person who holds a temporary permit to practice anybranch of the healing arts, a person engaged in a postgraduate trainingprogram approved by the state board of healing arts, a licensed medicalcare facility, a health maintenance organization, a licensed dentist, alicensed professional nurse, a licensed practical nurse, a licensedoptometrist, a licensed podiatrist, a licensed pharmacist, a professionalcorporation organized pursuant to the professional corporation law ofKansas by persons who are authorized by such law to form such a corporationand who are health care providers as defined by this subsection, alicensed physical therapist or an officer, employee oragent thereofacting in the course and scope of such person's employment or agency; and

      (2)   "professional services" means those services which requirelicensure, registration or certification by agencies of the state for theperformance thereof.

      History:   L. 1976, ch. 248, § 1; L. 1986, ch. 231, § 2; L. 1986, ch.229, § 22; L. 1986, ch. 10, § 1; L. 1988, ch. 246, § 10;L. 1994, ch. 181, § 2;L. 2003, ch. 128, § 15; Apr. 1, 2004.