Smith v. Almonte

Hill, J.:

This appeal is from the trial court’s granting of Linda Smith’s motion requiring the Health Care Stabilization Fund (Fund), see K.S.A. 40-3401 et seq., within the same fiscal year to make a second installment payment of $300,000 on an outstanding medical malpractice judgment. We reverse.

The issue before us is whether the trial court erred when it determined that K.S.A. 40-3403(d) requires the Fund to pay a second installment of $300,000 on an outstanding judgment after the physician’s appeal was denied.

The facts are not disputed. Smith sued Rodolfo O. Almonte, M.D., claiming that…