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N Cal Atty
N Cal Atty, Lawyer
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I have a question regarding small claim service statute 61

Customer Question

I have a question regarding small claim service statute 61 2704. how long do I have to serve someone after filing in the state of KS. Sheriff had difficulty serving. thanks
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: kansas
JA: Has anything been filed or reported?
Customer: yes filed in dec 2015 sheriff could not serve I had a processor serve and did serve by certified mail in july of 2016. I am trying to read through KS statue 61-2704. Also this is a small claims malpractice suit for 4,000. I was not aware of the result/damage of the surgery umtil last year. Surgery was 12/13. Damage detected from a different doctor this year. thanks
JA: Anything else you want the lawyer to know before I connect you?
Customer: how much is it per minute? do they call me.
Submitted: 6 months ago.
Category: Legal
Expert:  KJL LAW replied 6 months ago.
Good afternoon. To clarify this is Kansas.
Customer: replied 6 months ago.
also what is statue of malpractice at time of Sirgery or at time damage from surgery was detected ?
Expert:  KJL LAW replied 6 months ago.

I will let a Kansas attorney assist you

Expert:  N Cal Atty replied 6 months ago.

Thank you for your questions.

The statute of limitations for a medical malpractice claim, according to

http://statelaws.findlaw.com/kansas-law/kansas-civil-statute-of-limitations-laws.html

is:

2 yrs. from reasonable discovery, 4 max.

60-513(a)(7), 60-513(c)

The current version of 61-2704 is posted at http://www.ksrevisor.org/statutes/chapters/ch61/061_027_0004.html

61-2704. Commencement of action; fees and costs; authorized only by legislative enactment; limit on number of claims. (a) An action seeking the recovery of a small claim shall be considered to have been commenced at the time a person files a written statement of the person's small claim with the clerk of the court if, within 90 days after the small claim is filed, service of process is obtained or the first publication is made for service by publication. Otherwise, the action is deemed commenced at the time of service of process or first publication. An entry of appearance shall have the same effect as service.

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Plaintiff almost always needs an expert witness to prove medical malpractice.

You can get a free consultation from some of the medical malpractice attorneys listed by location here.

Please follow up on this with a local attorney.

I hope this information is helpful.