Kelly v. Vinzant

The opinion of the court was delivered by

Luckert, J.:

This appeal raises questions of whether a medical malpractice plaintiff may state a claim for fraud and for violations of the Kansas Consumer Protection Act (KCPA), K.S.A. 50-623 et seq., after a juiy found that the physician did not commit medical malpractice, and whether the statute of limitations for battery based upon a fraudulently obtained consent begins to run when the fraud is discovered or when the batteiy occurred.

We hold that where the alleged fraud occurs as part of the informed consent process during medical treatment, a…