A Message from KMS Executive Director
Since its founding in 1859 the Kansas Medical Society has been driven by a mission which at its core is founded on unwavering advocacy for the medical profession and a commitment to continually strive to improve the environment in which physicians practice medicine. By giving collective voice to physicians’ concerns and principles, particularly in the arena of public policy, we have an opportunity to be a force for positive change for the profession, and by extension, for the patients they serve.
Without question there are societal, political and economic headwinds facing healthcare in our country. It can feel like we’re in a latter-day Dickens novel (“it was the best of times, it was the worst of times….”). In spite of a healthcare system that in many respects is remarkable for its many individual successes, there are also seemingly intractable problems of high cost, access, burdensome regulations, intrusive control of the profession by government and private payors, and on and on.
In fact, to call this sprawling, complex healthcare universe a “system” implies that it was designed to function in the way it does. The truth is that the system we have wasn’t the result of some grand design or plan. It just evolved over time, with individuals and organizations responding to economic incentives, public demands, or government dictates, many with unintended consequences.
The recent pandemic had immense impacts on every corner of our country, and probably nowhere more pronounced than in healthcare. In addition to the more than one million American deaths and extraordinary economic costs, it also sowed widespread, pernicious seeds of doubt and loss of trust in established institutions, science, government, media and experts in all callings, including medicine.
As a result, though already highly polarized, our politics, both nationally and here in Kansas, have become even more painfully partisan and contentious, making reasonable compromise on many issues, including health policy, exceedingly difficult to navigate and achieve. We see that in numerous legislative issues including the role of public health, the provision of certain medical services that are socially controversial, efforts to authorize non-physician providers to practice medicine and surgery, spending for Medicaid, and the challenge of how to sustain rural health systems, to name just a few.
Another issue that has been relatively dormant for some time but is showing some troubling signs of life is that of professional liability, as I’ll delve deeper into in the issue highlight below. Because of the reforms to the tort system that our legislature enacted as a result of KMS’ advocacy years ago, Kansas has enjoyed a very stable professional liability environment, with relatively low malpractice premiums, and very few large damage awards. That could be changing, as juries - perhaps because of the post-pandemic loss of trust in established institutions such as medicine – seem more willing to assess large damage awards to plaintiffs who sue physicians and hospitals. In the year just ended there have been two multi-million dollar jury verdicts in Kansas medical malpractice cases. If our cap on non-economic damages (“pain and suffering”) is eroded or lost altogether, the liability environment in our state will significantly worsen, resulting in more litigation and much more costly liability insurance. If we have to engage the legislature again to restore balance to the system, it will be a very difficult task, as the trial lawyers will vigorously oppose any reform efforts.
It is precisely for issues such as this, and the others mentioned above, that KMS exists. To be your unwavering advocate and strive to improve the environment in which you practice medicine. We will continue to seek solutions and find workable compromise where warranted, while remaining true to ethical principles and the high standards of the profession we are privileged to serve.
2026 Advocacy Day & Physician Day at the Statehouse
On behalf of the Kansas Medical Society, we would like to invite you to our upcoming annual Advocacy Day on January 21st, 2026. You will join physicians from across the state, of all specialties to learn about issues impacting the house of medicine. This opportunity is a great chance to connect with your legislative leaders and guide decision-making to generate support for policies on critical issues.
We are excited to report that legislative, physician, and statewide leaders as well as our Governor have been invited to speak that morning.
A physician’s priority is their patients. The Kansas Medical Society's mission is to ensure patient care remains physician-directed. KMS advocacy is steadfast in ensuring lawmakers are well-educated all year on the issues affecting the practice of medicine.
Our collective voice is essential to the House of Medicine’s continued leadership in healthcare.
Event Details
Kansas Medical Society
623 SW 10th Ave Topeka, KS, 66612
Wednesday, January 21st, 2026
7:00 AM - 1:30 PM
Registration
To register click or scan the QR code below.
Deadline to register is Monday, January 19, 2026 at 5pm.
Click Here to view a list of our 2026 Advocacy Day Specialty Society Partners & Corporate Sponsors
Issue Brief: Medical Malpractice Update
Over the coming months we are going to focus some attention on the professional liability issue in Kansas; going back a few decades up to today, and what the coming years will portend if the reforms that physicians fought so hard for are weakened or lost altogether.
The chances are pretty good that whenever you see a group of physicians in conversation, the usual topics are about family, a favorite college sports team, an interesting clinical case, or the frustrations of practice (prior auth, difficult patients, administrative hassles, call schedule, etc.). What you are unlikely to hear is any conversation about professional liability (medical malpractice) problems or claims. However, that could be changing as some concerning trends around the country may be finally arriving in our state.
The principal reason you don’t hear much about medical malpractice threats is because Kansas many years ago enacted a series of legal reforms that fundamentally changed the liability landscape. Before the reforms were fully in place, the liability environment had deteriorated to the point that it was in a full blown crisis. The number of companies even willing to write medical malpractice policies in our state had dwindled to just two, and the policy costs physicians paid were in the top quartile in the entire country. The number of lawsuits against physicians was increasing at a scary pace, and large jury verdicts and claim settlements, particularly for “pain and suffering” (noneconomic) damages were a significant contributing factor.
When it looked increasingly like the liability insurance market was headed for collapse in the late 1980’s, KMS felt that it had an obligation to make sure that professional liability insurance would always be available to Kansas physicians and their affiliated providers. As a result KMS formed KAMMCO, a mutual insurance company (100% owned by its policyholders). Its mission was simple: be a financially strong, trusted insurance partner and advocate for Kansas physicians and their affiliated providers, stand by their members and defend good medicine, and build a company that will be there for future generations of Kansas healthcare providers. It is worth noting that in all of the ensuing legislative battles and resultant litigation over the reforms which were essential to creating the system we have today, only one insurance company, KAMMCO, participated fully and financially, as an advocate for the reforms being sponsored by KMS and the hospital association. No other liability insurer has ever stepped up to help KMS and the provider community enact and maintain the tort reforms.
There were several reforms to the tort liability system that were eventually enacted over several years, and virtually all were vigorously opposed by the state’s trial lawyers, who mounted a sustained, statewide campaign against the reform efforts. The most important and effective reform enacted was a limit on the amount of noneconomic (“pain and suffering”) damages that could be awarded in personal injury cases, such as medical malpractice lawsuits. It took several years of bitter legislative battles, then defending the reforms in court cases attacking its constitutionality, until finally the Kansas Supreme Court twice upheld the cap on damages, first in 1990 and then again in 2012. Those decisions by the Court had a very positive effect on the medical malpractice environment. The cost of insurance came down, insurers re-entered the Kansas market, case filings and claim payouts stabilized and the state’s physician community finally experienced a sustained period of relative calm from a medical malpractice standpoint, which endures today due to the durable reforms enacted a couple of decades ago.
Then, in 2019 the Kansas Supreme Court appeared to reverse its earlier decisions upholding the cap on damages. In a motor vehicle personal injury case the Court struck down the cap on noneconomic damages, but the decision was structured in such a way that there was some question whether it applied more broadly to medical malpractice cases, or just to other personal injury cases. If it does extend to medical malpractice cases, that will have immense implications for physicians, hospitals and the entire healthcare community. As of today, the Court has not had an opportunity to provide further clarification as to the extent of its most recent ruling.
Next Month's Issue Brief:
What’s at stake with recent cases which could challenge the constitutionality of the noneconomic damages cap.
2026 Communication Adjustments
Over the past several weeks, you have likely received both electronic and mailed communications regarding your 2026 membership dues, ballots for the Board of Trustees and officers, and the proposed amendments to the KMS Constitution. This year brought substantial updates to our membership database as well as introduced the launch of our online Member Portal. These improvements were designed to modernize your experience and streamline renewals, event registration, and information management. With these changes we felt multiple methods of communication were necessary to ensure accuracy, continuity, and full transparency throughout the process. We sincerely appreciate your careful attention to these materials and your engagement in the decisions that guide the future direction of our organization.
We recognize that significant system enhancements can create temporary challenges, and we want to express our deep gratitude for your patience and understanding as we work to identify and resolve the inevitable wrinkles. Your willingness to adapt and your continued support have played an essential role in helping us refine these processes, so they function as smoothly and efficiently as intended. Please know that our staff is always available to assist you and would love to hear feedback. We remain committed to providing timely, attentive service and to ensuring that your experience as a KMS member is consistently positive, professional, and reflective of the respect we hold for those we serve.
