7-121b.Attorney fees in damage actions for acts or
omissions of health
care 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 a
pleading states a claim in a district court for damages for personal
injuries or death arising out of the rendering of or the failure to render
professional services by any health care provider, compensation for reasonable
attorney fees to be paid by each litigant in the action shall be approved
by the judge after an evidentiary hearing and prior to final disposition of
the case by the district court. Compensation for reasonable attorney fees
for services performed in an appeal of a judgment in any such action to the
court of appeals shall be approved after an evidentiary hearing by the
chief judge or by the presiding judge of the panel hearing the case.
Compensation for reasonable attorney fees for services performed in an
appeal of a judgment in any such action to the supreme court shall be
approved after an evidentiary hearing by the departmental justice for the
department in which the appeal originated. In determining the
reasonableness of such compensation, the judge or justice shall
consider the following:
(1) The time and labor required, the novelty and difficulty of the
questions involved and the skill requisite to perform the legal service
properly.
(2) The likelihood, if apparent to the client, that the acceptance of
the 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 attorneys
performing 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 of
the healing arts, a person who holds a temporary permit to practice any
branch of the healing arts, a person engaged in a postgraduate training
program approved by the state board of healing arts, a licensed medical
care facility, a health maintenance organization, a licensed dentist, a
licensed professional nurse, a licensed practical nurse, a licensed
optometrist, a licensed podiatrist, a licensed pharmacist, a professional
corporation organized pursuant to the professional corporation law of
Kansas by persons who are authorized by such law to form such a corporation
and who are health care providers as defined by this subsection, a
licensed physical therapist or an officer, employee or
agent thereof
acting in the course and scope of such person's employment or agency; and
(2) "professional services" means those services which require
licensure, registration or certification by agencies of the state for the
performance 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.
7-121b.Attorney fees in damage actions for acts or
omissions of health
care 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 a
pleading states a claim in a district court for damages for personal
injuries or death arising out of the rendering of or the failure to render
professional services by any health care provider, compensation for reasonable
attorney fees to be paid by each litigant in the action shall be approved
by the judge after an evidentiary hearing and prior to final disposition of
the case by the district court. Compensation for reasonable attorney fees
for services performed in an appeal of a judgment in any such action to the
court of appeals shall be approved after an evidentiary hearing by the
chief judge or by the presiding judge of the panel hearing the case.
Compensation for reasonable attorney fees for services performed in an
appeal of a judgment in any such action to the supreme court shall be
approved after an evidentiary hearing by the departmental justice for the
department in which the appeal originated. In determining the
reasonableness of such compensation, the judge or justice shall
consider the following:
(1) The time and labor required, the novelty and difficulty of the
questions involved and the skill requisite to perform the legal service
properly.
(2) The likelihood, if apparent to the client, that the acceptance of
the 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 attorneys
performing 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 of
the healing arts, a person who holds a temporary permit to practice any
branch of the healing arts, a person engaged in a postgraduate training
program approved by the state board of healing arts, a licensed medical
care facility, a health maintenance organization, a licensed dentist, a
licensed professional nurse, a licensed practical nurse, a licensed
optometrist, a licensed podiatrist, a licensed pharmacist, a professional
corporation organized pursuant to the professional corporation law of
Kansas by persons who are authorized by such law to form such a corporation
and who are health care providers as defined by this subsection, a
licensed physical therapist or an officer, employee or
agent thereof
acting in the course and scope of such person's employment or agency; and
(2) "professional services" means those services which require
licensure, registration or certification by agencies of the state for the
performance 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.
7-121b.Attorney fees in damage actions for acts or
omissions of health
care 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 a
pleading states a claim in a district court for damages for personal
injuries or death arising out of the rendering of or the failure to render
professional services by any health care provider, compensation for reasonable
attorney fees to be paid by each litigant in the action shall be approved
by the judge after an evidentiary hearing and prior to final disposition of
the case by the district court. Compensation for reasonable attorney fees
for services performed in an appeal of a judgment in any such action to the
court of appeals shall be approved after an evidentiary hearing by the
chief judge or by the presiding judge of the panel hearing the case.
Compensation for reasonable attorney fees for services performed in an
appeal of a judgment in any such action to the supreme court shall be
approved after an evidentiary hearing by the departmental justice for the
department in which the appeal originated. In determining the
reasonableness of such compensation, the judge or justice shall
consider the following:
(1) The time and labor required, the novelty and difficulty of the
questions involved and the skill requisite to perform the legal service
properly.
(2) The likelihood, if apparent to the client, that the acceptance of
the 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 attorneys
performing 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 of
the healing arts, a person who holds a temporary permit to practice any
branch of the healing arts, a person engaged in a postgraduate training
program approved by the state board of healing arts, a licensed medical
care facility, a health maintenance organization, a licensed dentist, a
licensed professional nurse, a licensed practical nurse, a licensed
optometrist, a licensed podiatrist, a licensed pharmacist, a professional
corporation organized pursuant to the professional corporation law of
Kansas by persons who are authorized by such law to form such a corporation
and who are health care providers as defined by this subsection, a
licensed physical therapist or an officer, employee or
agent thereof
acting in the course and scope of such person's employment or agency; and
(2) "professional services" means those services which require
licensure, registration or certification by agencies of the state for the
performance 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.