Printable Format40-3412. Actions against health care providers or inactive health care providers; no direct action against fund or insurer; inadmissible evidence; fund not liable for certain damages. (a) Any action for personal injury or death arising out of the rendering of or the failure to render professional services by any health care provider or inactive health care provider shall be maintained against such health care provider or inactive health care provider. No claimant shall have any right of action directly against the fund. No claimant shall have any right of action under this act directly against an insurer.
(b) Evidence that a portion of any verdict would be payable from insurance or the fund shall be inadmissible in any such action.
(c) Nothing in this act shall be construed to impose any liability in the fund in excess of that specifically provided for in this act for negligent failure to settle a claim or for failure to settle a claim in good faith.
(d) The fund shall have no obligations whatsoever for payment for punitive damages.
(e) The fund shall not be liable to pay amounts due from a judgment against an inactive health care provider arising from the rendering of professional services as a health care provider contrary to the provisions of this act.
(f) Any action for damages or for approval of a settlement as set forth in K.S.A. 40-3409, 40-3410 or 40-3411, and amendments thereto, shall be brought in a court of appropriate jurisdiction and venue.
History: L. 1976, ch. 231, § 12; L. 2014, ch. 56, § 14; July 1.
Law Review and Bar Journal References:
"Practical and Constitutional Challenges to the 1985 Kansas Medical Malpractice Legislation," Edward J. Guiducci and Keith L. Mark, 25 W.L.J. 304, 306 (1986).
CASE ANNOTATIONS
1. Prohibition against direct action by claimant did not limit action by insurer for reimbursement of proceeds paid to claimant. Medical Protective Co. v. Bell, 716 F. Supp. 392, 405 (1989).
2. Provisions herein do not provide any right of action directly against the health care stabilization fund. Sharples v. Roberts, 249 Kan. 286, 291, 816 P.2d 390 (1991).
3. On question certified, action against fund for bad faith failure to settle a claim is statutorily prohibited. Aves v. Shah, 258 Kan. 506, 510, 520, 906 P.2d 642 (1995).
4. Health care provider insurance availability act (K.S.A. 40-3401 et seq.) does not violate contract clause, due process or equal protection. Aves by and through Aves v. Shah, 914 F. Supp. 443, 446 (1996).
5. Health care stabilization fund is immune from bad faith liability. Miller v. Sloan, Listrom, Eisenbarth, Sloan & Glassman, 267 Kan. 245, 256, 978 P.2d 922 (1999).