40-3412.
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.
Notes of Decisions
Aves Ex Rel. Aves v. Shah, 906 P.2d 642 (Kan. 1995).
· cites it 96× “40-3403(e), K.S.A. 40-3412(c), and a garnishment statute, K.”
Miller v. Johnson, 289 P.3d 1098 (Kan. 2012).
“40-3403[e] and K.S.A. 40-3412[c] do not violate Section 18 due process or equal protection by prohibiting bad faith actions against the Health Care Stabilization Fund); Bonin v.”
Sharples v. Roberts, 816 P.2d 390 (Kan. 1991).
· cites it 2× “) *291 K.S.A. 40-3412(a) requires an action for personal injury or death based upon malpractice to be brought against the health care provider or inactive health care provider, there being no right of action directly against the fund.”
Aves ex rel. Aves v. Shah, 914 F. Supp. 443 (D. Kan. 1996).
· cites it 7× “The underlying purpose of K.S.A. 40-3412 was identified by the supreme court in its answer to the certified questions.”
Aves by & Through Aves v. Shah, 914 F. Supp. 443 (D. Kan. 1996).
· cites it 8× “The underlying purpose of K.S.A. 40-3412 was identified by the supreme court in its answer to the certified questions.”
Oatis v. Armbrister (D. Kan. 2024).
· cites it 6× “§ 40-3408, K.S.A. § 40-3412, medical malpractice, and intentional in- fliction of emotional distress.”
Aves v. Todd (10th Cir. 1997).
“” 2 Kan. Stat. Ann. § 40-3412 (c) (1993) provides: “Nothing herein shall be construed to impose any liability in the fund in excess of that specifically -2- the Plaintiffs now seek relief.”
— K.S.A. § 40-3412(a) — 1 case
Sharples v. Roberts, 816 P.2d 390 (Kan. 1991).
“) *291 K.S.A. 40-3412(a) requires an action for personal injury or death based upon malpractice to be brought against the health care provider or inactive health care provider, there being no right of action directly against the fund.”
— K.S.A. § 40-3412(c) — 4 cases
Aves ex rel. Aves v. Shah, 914 F. Supp. 443 (D. Kan. 1996).
“The underlying purpose of K.S.A. 40-3412 was identified by the supreme court in its answer to the certified questions.”
Aves by & Through Aves v. Shah, 914 F. Supp. 443 (D. Kan. 1996).
“The underlying purpose of K.S.A. 40-3412 was identified by the supreme court in its answer to the certified questions.”
— K.S.A. § 40-3412(d) — 1 case
— K.S.A. § 40-3412(e) — 1 case
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