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CADY v. SCHROLL

No. 103,499.

317 P.3d 90 (2014)

298 Kan. 731

Angela CADY, Appellant, v. John SCHROLL, M.D., Defendant, Women's Care, P.A., Appellee, Cristine Carriker, M.D., Maureen King, M.D., Michael Magee, M.D., Julie Martin, M.D., Brendan Mitchell, M.D., Angela Piquard, M.D., and Robert Sugar, M.D., Defendants.

Supreme Court of Kansas.

Opinion filed January 24, 2014.

Attorney(s) appearing for the Case

Roger P. Wright, of Wright, Green & Baughman, L.L.C., of Lee's Summit, Missouri, argued the cause, and Lance v. Baughman and Theodore M. Green, of the same firm, were with him on the briefs for appellant.

BK Christopher, of Horn Aylward & Bandy, LLC, of Kansas City, Missouri, argued the cause, and Jessica J. Shaw and John B. McEntee, Jr., of the same firm, were with her on the briefs for appellee.

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 (HCPIAA), 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...

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