Cady v. Schroll

The opinion of the court was delivered by

Luckert, J.:

K.S.A. 40-3403(h) provides that a health care provider qualified for coverage under the Health Care Stabilization Fund created by the Health Care Provider Insurance Availability Act (PICPIAA), K.S.A. 40-3401 et seq., “shall have no vicarious liability or responsibility for any injury . . . arising out of the rendering of or the failure to render professional services ... by any other health care provider who is also qualified for coverage under the fund.” Past decisions of this court have interpreted this provision broadly, concluding it…