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.
40-3412
40-3412. Actions against health care providers or inactive health careproviders; 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 renderingof or the failure to render professional services by any health careprovider or inactive health care provider shall be maintained againstsuch health care provider or inactive health care provider. No claimantshall have any right of action directly against the fund. No claimantshall have any right of action under this act directly against aninsurer.
(b) Evidence that a portion of any verdict would be payable frominsurance or the fund shall be inadmissible in any such action.
(c) Nothing herein shall be construed to impose any liability in thefund in excess of that specifically provided for herein for negligentfailure to settle a claim or for failure to settle a claim in goodfaith.
(d) The fund shall have no obligations whatsoever for payment forpunitive damages.
(e) The fund shall not be liable to pay amounts due from a judgmentagainst an inactive health care provider arising from the rendering ofprofessional services as a health care provider contrary to theprovisions of this act.
(f) Any action for damages or for approval of a settlement as setforth in K.S.A. 40-3409, 40-3410 or 40-3411 shall be broughtin a court of appropriate jurisdiction and venue.
History: L. 1976, ch. 231, § 12; July 1.