Professional Negligence Law Reporter

Nash v. Blatchford, 2019 WL 102254 (Kan. Ct. App. Jan. 4, 2019).

A Kansas appellate court held that Kan. Stat. Ann. 12-105b(d), which requires an individual to provide written notice of a claim when bringing suit against a municipality or municipal employee, did not violate a medical negligence plaintiff’s right to equal protection under the law.

Aaron Nash received treatment at South Central Kansas Regional Medical Center, a municipally owned hospital. He later sued one of his treating physicians, Patrick Blatchford, alleging negligent performance of surgery. Blatchford moved for summary judgment on the basis that the trial court lacked jurisdiction because Nash had failed to file a written notice of claim under 12-105b(d).

The trial court granted the motion. Affirming, the appellate court rejected the plaintiff’s argument that the written notice requirement constitutes an equal protection violation. Citing case law, the court found that notice statutes do not deny equal protection because notice is a reasonable restriction that applies equally to all individuals seeking to sue the government. Providing a public entity the opportunity to investigate a claim, determine its liability, seek settlement, and avoid expensive litigation serve a rational legislative purpose, the court said. Accordingly, the court concluded that the trial court lacked jurisdiction over the plaintiff’s medical negligence claim, in light of his failure to file a notice of claim under the statute.