Printable Format60-3405. Findings and purpose. Substantial increases in costs of professional liability insurance for health care providers have created a crisis of availability and affordability. This situation poses a serious threat to the continued availability and quality of health care in Kansas. In the interest of the public health and welfare, new measures are required to assure that affordable professional liability insurance will be available to Kansas health care providers, to assure that injured parties receive adequate compensation for their injuries, and to maintain the quality of health care in Kansas.
History: L. 1986, ch. 229, § 1; July 1.
Revisor's Note:
60-3405–60-3413 were part of comprehensive medical malpractice legislation. For remainder of act, see L. 1986, ch. 229 in the Comparative Table of Sections, Constitutions volume.
Law Review and Bar Journal References:
"Caps, 'Crisis,' and Constitutionality—Evaluating the 1986 Kansas Medical Malpractice Legislation," Elizabeth Schartz, 35 K.L.R. 763, 776, 817 (1987).
CASE ANNOTATIONS
1. Cited; K.S.A. 60-3403 violates Kansas equal protection clause; classifications therein do not further legitimate legislative objective. Farley v. Engelken, 241 Kan. 663, 676, 678, 740 P.2d 1058 (1987).
2. Cited; statutes (K.S.A. 60-3407, 60-3409, 60-3411) limiting recovery in medical malpractice actions as unconstitutional examined. Kansas Malpractice Victims Coalition v. Bell, 243 Kan. 333, 358, 757 P.2d 251 (1988).
3. On question certified (K.S.A. 60-3201 et seq.), K.S.A. 40-3403(h) abrogating certain common-law vicarious liability held constitutional. Bair v. Peck, 248 Kan. 824, 832, 811 P.2d 1176 (1991).