Nash v. Blatchford

I concur in the result affirming the Cowley County District Court's summary judgment in favor of Dr. Patrick T. Blatchford, M.D., the defendant in this medical malpractice action. Plaintiff Aaron Nash did not give notice as required under K.S.A. 2017 Supp. 12-105b(d), a failure the Kansas Supreme Court has determined to be a jurisdictional bar to actions governed by the Kansas Tort Claims Act regardless of their substantive merit. See Sleeth v. Sedan City Hospital , 298 Kan. 853, 868, 317 P.3d 782 (2014) ("[S]ubstantial compliance with K.S.A. 2012 Supp. 12-105b [d] is necessary before a court…