Kansas
Stormont Vail doctor who removed wrong organ can be sued after tie in Kansas Supreme Court
A rare tie in the Kansas Supreme Court means a Stormont Vail Health patient will be allowed to continue her lawsuit against the Topeka hospital and a doctor who removed the wrong organ.
When Jeannine Williams-Davidson had a surgery to remove her adrenal gland at Stormont Vail, physician Nason Lui removed part of her pancreas instead.
The patient sued, but courts have been divided on whether you need to be a medical expert to decide that a doctor violated the standard of care by cutting out a chunk of a healthy organ while leaving untouched the one with a noncancerous tumor.
Medical expert not needed when common sense is enough
Kansas law typically requires plaintiffs to offer expert testimony in medical malpractice cases because jurors generally are not experts in medicine. But there is a common sense and knowledge exception that applies when a patient’s care was “so obviously lacking” and “the results are so bad” that it would be apparent to an average person.
Douglas County District Court previously ruled against the patient because she didn’t have a medical expert. That dismissed the claims without having a jury trial.
A divided three-judge panel of the Kansas Court of Appeals disagreed and reversed the decision in July.
“When the surgeon misidentifies and removes all or part of a healthy organ, leaving the organ the surgeon intended to operate on untouched, the common-knowledge exception alleviates the need for expert testimony to establish the standard of care or a breach of that standard,” wrote judges Amy Fellows Cline and Jacy J. Hurst.
Judge David E. Bruns dissented, arguing it shouldn’t apply because it was inadvertent.
“The average lay person would not have the knowledge necessary to determine whether this mistake rose to the level of a breach of the appropriate standard of care by a surgeon,” Bruns wrote. “In other words, I do not believe it is patently obvious that the bad result occurred due to a breach of reasonable care.”
The doctor and hospital then appealed to the Supreme Court.
More: Kansas court rules Stormont Vail doctor who removed the wrong organ can still be sued
Kansas Supreme Court tied
Ties are not common at the Kansas Supreme Court, which has seven justices. But it has happened in the past, at least as recently as two years ago, when a justice recused himself from a case that he had been an attorney on before joining the bench.
When a tie happens at an appellate court, the lower court ruling stands.
In this ruling, Justice Eric Rosen recused himself and the other six were equally divided. Justices Dan Biles, K.J. Wall and Melissa Taylor Standridge would have affirmed the Kansas Court of Appeals reversal of the Douglas County District Court. Chief Justice Marla Luckert and justices Caleb Stegall and Evelyn Wilson would have reversed the appeals court and sided with the district court.
Friday’s ruling didn’t include any legal reasoning from the two camps.
Attorneys argue over common knowledge
Prior to Friday’s ruling, the high court held oral arguments on Jan. 31.
Lui and Stormont Vail were represented by Cynthia J. Sheppeard, of Topeka law firm Goodell, Stratton, Edmonds & Palmer.
Sheppeard said that Lui and a second doctor who assisted on the laparoscopic surgery him would “testify that what happened sometimes happens, even with the best of care.” She said he admits he made a mistake, but a mistake doesn’t necessarily mean it was negligence.
“They were so close together, and the adrenal and the pancreas looked so much alike, and there was blood in the field, he’d been removing the adhesions,” she said. “Between the two of them, they thought they were removing the adrenal.”
Williams-Davidson and her husband, Jeffrey Davidson, were represented by Jason Belveal, of Belveal Law Office in Holton.
“I do believe that if you say to a person, I went in for surgery and my doctor left behind the diseased organ, cut out a healthy organ — or a big part of a healthy organ — any person off the street is going to go, ‘Yikes, something went wrong on that,’” Belveal said.
Belveal said a jury should get to decide, after hearing the facts of the case, whether that’s medical malpractice. He described opposition to common knowledge applying in this case as “elitist protection.”
“Is it justice for all, or is it justice for those folks who can afford an expert to come in and say, ‘No, this this is wrong,’” he said, adding that “at some point, we should trust the jurors to be able to make certain decisions.”
Jason Alatidd is a Statehouse reporter for the Topeka Capital-Journal. He can be reached by email at jalatidd@gannett.com. Follow him on X @Jason_Alatidd.
Kansas
FIFA World Cup 2026 spurs human trafficking awareness trainings in Missouri, Kansas
KSHB 41 reporter Lily O’Shea Becker covers Franklin and Douglas counties in Kansas. Share your story idea with Lily.
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In both Missouri and Kansas, efforts to prepare for possible human trafficking during World Cup events are ramping up.
World Cup spurs human trafficking awareness trainings in Missouri, Kansas
Several studies affiliated with universities across the country say there’s little to no evidence that directly links large sporting events to an increase in human trafficking, including sex trafficking.
Missouri Attorney General Catherine Hanaway sent the following statement to KSHB 41 News:
“Human and sex trafficking can only be addressed through strong partnerships and collaborative actions. Our Office is proud to have sponsored a free training ahead of the World Cup to equip and learn from those who are the tip of the spear in the fight against modern-day slavery.
“It is my job to safeguard Missourians. Our Office is committed to this task and will continue to partner with local law enforcement and agencies to hold predators accountable.”
The Sexual Trauma and Abuse CARE Center in Lawrence is seeing an increased interest in its services leading up to the World Cup, according to Christina Gentry, the center’s director of community engagement.
The Algerian men’s national team will use Rock Chalk Park in Lawrence as its base camp for the 2026 World Cup, and the city is expecting an influx of visitors while Kansas City hosts six matches this summer.
The CARE Center recently hosted a free human trafficking awareness training for hospitality businesses across Lawrence.
“Hotels and the local bars have always been a part of our outreach, but this particular time of year, we’ll be hosting our World Cup, so we wanted to make sure there will be some trafficking training,” Gentry said.
Lily O’Shea Becker/KSHB
Heather Shull, general manager for DoubleTree by Hilton on the north side of Lawrence, said she’s seen some bookings filled during the World Cup. She’s hoping more will be booked in the next couple of weeks.
“We’re gearing up to know that we’re going to have a lot more business,” Shull said.
Shull attended the CARE Center’s human trafficking training.
“Our business is hospitality; we’re supposed to take care of people,” she said.
Staff at the bar located inside the hotel have already undergone sexual violence prevention training with the CARE Center.
A Lawrence ordinance requires bar staff who regularly engage with patrons to attend such training sessions in order for the bar to obtain a liquor license. The ordinance was passed in 2020, and the CARE Center provides the bystander intervention training twice a month.
“It was very fascinating and very helpful,” Shull said.
Lily O’Shea Becker/KSHB
Shull says Hilton requires its employees to attend human trafficking training.
“It doesn’t say you have to solve human trafficking, but it’s like, ‘Hey, here are the signs you might see, and you know, go to a manager or law enforcement if you’re concerned,’” she said. “But then now for the World Cup, there’s been a lot more city-wide trainings.”
She said while most human trafficking actions can happen behind closed doors at hotels, there are certain things staff can pick up on at check-in or through requests visitors have for their rooms.
The spokesperson for the Lawrence, Kansas, Police Department says all of its officers will attend a human trafficking-related training in May. The department is partnering with the Justice Project in Kansas City for the training.
For Gentry, she said it’s important community members understand the CARE center’s supportive services — like its 24/7 support line — are available year-round.
This month, the CARE Center is focused on Sexual Assault Awareness Month.
Lily O’Shea Becker/KSHB
The CARE Center tied teal ribbons around trees lined along Massachusetts Street in South Park to launch the awareness month and has events planned throughout April to bring attention to the cause.
The teal ribbons in South Park include a QR code that contains information about Sexual Assault Awareness Month when scanned.
“Teal just represents an opportunity to unite the community on this issue,” Gentry said.
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Kansas
Pedestrian killed on westbound I-44 at Kansas Expressway
SPRINGFIELD, Mo. (KY3) – MoDOT reopened the westbound lanes of I-44 in Springfield around 9 a.m. after a deadly pedestrian crash on Thursday.
Police say a pedestrian was hit and killed on I-44 near the Kansas Expressway exit around 5 a.m. Police have not identified the victim.
Emergency officials closed the interstate for about three hours. Crews exited traffic off the Kansas Expressway and the West Bypass.
To report a correction or typo, please email digitalnews@ky3.com. Please include the article info in the subject line of the email.
Copyright 2026 KY3. All rights reserved.
Kansas
Bill Self returning to Kansas next season after retirement speculation
LAWRENCE, Kan. — Kansas basketball coach Bill Self is returning for a 24th season with the Jayhawks.
The program released a statement from Self on Wednesday confirming his return for another year with the program he has led to 21 regular-season conference championships, four Final Fours and a pair of national championships.
“With renewed clarity and the ongoing support from our administration, I remain focused and committed to Kansas Basketball competing for a national championship,” Self said. “I look forward to seeing and hearing the best fans in college basketball next season at Allen Fieldhouse.”
The 63-year-old Self has a record of 840-272, not including the 15 wins that were vacated by the NCAA, putting him 12th on the career list.
He passed Phog Allen as the winningest coach at Kansas with a 77-69 win over Michigan State on November 12, 2024, and finished with a record of 633-167 while leading one of college basketball’s most storied programs.
Kansas’ season ended March 22 against St. John’s and fellow Hall of Fame coach Rick Pitino in the second round of the NCAA Tournament. The Jayhawks rallied from a 13-point deficit with 7 1/2 minutes left, tying it with 13.1 seconds to go, only for the Red Storm’s Dylan Darling to hit a layup as time expired to end their season.
The Jayhawks have not survived the opening weekend of the tournament since 2022, when Self won his second national title.
“I’ve gone through some stuff off the court, so I’ll get back and get with family and visit and see what’s going on,” Self said following the loss in San Jose, California. “I love what I do. I need to be able to do it where I’m feeling good and healthy to do it fairly well. I’ll get back home and it will all be discussed.”
Self’s health has been a factor to monitor.

He was hospitalized just before the Big 12 Tournament in 2023 after feeling unwell, and had two stents inserted into his heart, which forced him to miss the NCAA tourney. Self had two more stents inserted last year, and this past January, he missed a game at Colorado after doctors advised him not to travel following a precautionary trip to the hospital.
“When you get to be doing it as long as I’ve done it, I looked at it in five-year increments. Now I’m probably looking at it in more two-year increments, so to speak,” he said. “So I try to focus on this season and try to get us to a second weekend — which we failed at — so I’ll go back now and break it down and see where that leads.”
Self won national titles at Kansas in 2008 and 2022. And he’s been especially good at Allen Fieldhouse, historically one of college basketball’s toughest venues. He is 27-6 against top-10 opponents at home, and his 131-81 record against Top 25 opposition is the third-best winning percentage among Division I coaches.
He also has sent 43 players to the NBA, and more could be on the way. Darryn Peterson is expected to be among the first three players to hear his name called in June, while Flory Bidunga and others could also be selected in the upcoming NBA draft.
Self was selected to the Naismith Memorial Basketball Hall of Fame in 2017.
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