Bonin v. Vannaman

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that breach of a professional duty “by a physician is malpractice” and “an action for damages against a hospital for negligence . . . sounds in tort” and this is true “even though there was a contract between the parties”
• “if a minor has a cause of action, it must be pursued by a guardian”
• statute of repose abrogating minor’s right of action for injuries before their discovery implicates Section 18
• affordable and available malpractice insurance for doctors and the continued availa bility of health care in Kansas are legitimate state interests
• “Under the doctrine of fraudulent concealment, the statute of limitations ... does not start to run until the plaintiff discovers the fraud[.]”
• while alleged conduct fulfilled all elements of fraud, conduct was also proscribed by duty imposed by law; breach of duty is malpractice and action for damages is one in tort

Source: CourtListener parenthetical corpus (CC0).