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 CITY, Mo. (KCTV) – Kansas City police say extra help from other departments is giving the agency more flexibility during World Cup-related events, matches and regular patrols across the city.
KCPD said officers from dozens of other departments are helping with safety efforts around major events, including watch parties, Fan Fest and crowds at Kansas City Stadium.
The department said officers from across Kansas and Missouri have stepped up to help. Officers from Oklahoma City and Ohio are also assisting, including mounted officers who brought horses.
Police said the extra staffing is needed because officers still have to respond to regular calls across the metro during the events. KCPD blocked vacation time this month to keep officers available.
Sgt. Jake Becchina with KCPD’s Media Relations Unit said people attending the events may notice officers from several agencies.
“If you walk through Fan Fest, you may see a dozen police officers from a dozen different departments that are here helping us out,” Becchina said.
Becchina said people have noticed the added police presence.
“Probably one of the most overwhelming themes or regular themes I hear is, ‘I feel safe here. I see a lot of police officers. Thank you guys for being here,’” Becchina said.
With the Netherlands playing Thursday, the Orange Bus and Army are en route, with a large parade planned that morning. Becchina said police are prepared for the crowds expected around the events.
Copyright 2026 KCTV. All rights reserved.
The Kansas Lottery offers several draw games for those aiming to win big.
Here’s a look at June 22, 2026, results for each game:
Winning Powerball numbers from June 22 drawing
17-19-21-45-48, Powerball: 13, Power Play: 2
Check Powerball payouts and previous drawings here.
Winning Pick 3 numbers from June 22 drawing
Midday: 4-1-4
Evening: 7-0-5
Check Pick 3 payouts and previous drawings here.
Winning 2 By 2 numbers from June 22 drawing
Red Balls: 10-18, White Balls: 17-23
Check 2 By 2 payouts and previous drawings here.
Winning Lotto America numbers from June 22 drawing
12-13-35-41-52, Star Ball: 05, ASB: 02
Check Lotto America payouts and previous drawings here.
Winning Super Kansas Cash numbers from June 22 drawing
08-13-17-21-24, Cash Ball: 14
Check Super Kansas Cash payouts and previous drawings here.
Winning Millionaire for Life numbers from June 22 drawing
07-08-20-24-42, Bonus: 05
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
Are you a winner? Here’s how to claim your lottery prize
All Kansas Lottery retailers will redeem prizes up to $599. For prizes over $599, winners can submit winning tickets through the mail or in person at select Kansas Lottery offices.
By mail, send a winner claim form and your signed lottery ticket to:
Kansas Lottery Headquarters
128 N Kansas Avenue
Topeka, KS 66603-3638
(785) 296-5700
To submit in person, sign the back of your ticket, fill out a claim form, and deliver the form along with your signed lottery ticket to Kansas Lottery headquarters. 128 N Kansas Avenue, Topeka, KS 66603-3638, (785) 296-5700. Hours: 8 a.m. to 5 p.m., Monday through Friday. This office can cash prizes of any amount.
Check previous winning numbers and payouts at Kansas Lottery.
When are the Kansas Lottery drawings held?
- Powerball: 9:59 p.m. CT Monday, Wednesday and Saturday.
- Mega Millions: 10 p.m. CT Tuesday and Friday.
- Pick 3 Midday/Evening: 1:10 p.m. and 9:10 p.m. CT daily.
- 2 By 2: 9:30 p.m. CT daily.
- Lucky for Life: 9:38 p.m. CT daily.
- Lotto America: 9:15 p.m. CT Monday, Wednesday and Saturday.
- Super Kansas Cash: 9:10 p.m. CT Monday, Wednesday and Saturday.
- Millionaire for Life: 10:15 p.m. CT daily.
This results page was generated automatically using information from TinBu and a template written and reviewed by a Kansas editor. You can send feedback using this form.
TOPEKA – Lieutenant Governor and Secretary of Commerce David Toland and Kansas Tourism today announced that more than 230 tourism attractions are participating in the 2026 Sunflower Summer program, giving Kansas families free access to must-see attractions throughout the state. Kansas residents with school-aged children from pre-K through 12th grade are eligible to participate.
This year’s lineup of attractions features activities in every region of Kansas, offering opportunities to explore the state’s rich history, vibrant arts scene, unique natural landscapes and family-friendly destinations.
“Sunflower Summer has been a great way for Kansas families to fall in love with our great state — and everything it has to offer,” Lieutenant Governor and Secretary of Commerce David Toland said. “Whether it’s visiting a museum, exploring a historic site or spending the day at the zoo — these experiences help families connect to the state we all love and admire.”
The 2026 Sunflower Summer program will run from July 9 through Aug. 2. During this period, Kansas students and one accompanying adult will receive free one-time admissions to each participating attraction. Passes can be claimed through the Sunflower Summer app and redeemed at the attraction upon arrival.
“We’re thrilled to welcome Sunflower Summer back so that Kansas families can really experience their home state in an entirely new way,” Kansas Tourism Director Bridgette Jobe said. “From iconic attractions to our hidden gems, this year truly showcases the depth and diversity of experiences across the state.”
For the complete list of participating attractions and full program details, visit the Sunflower Summer webpage at https://sunflowersummer.org/. Families are encouraged to share their journeys on social media using #ToTheStarsKS and #SunflowerSummer. For more Kansas travel ideas or to order a free Kansas travel guide, visit here https://www.travelks.com/kansas-250/.
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