Bair v. Peck

The opinion of the court was delivered by

Holmes, C.J.:

This case originated as a medical malpractice action filed in the United States District Court for the District of Kansas. Judge Sam A. Crow, pursuant to the Uniform Certification of Questions of Law Act, K.S.A. 60-3201 et seq., has certified to this court the question of the constitutionality of K.S.A. 1990 Supp. 40-3403(h). The specific question certified to this court reads:

“Does K.S.A. 40-3403(h) violate Sections 1, 5 and 18 of the Bill of Rights of the Kansas Constitution?”

*827The facts as submitted by the federal court are:

“This is a…