(Download) "Mcvay v. Rich" by Supreme Court of Kansas * eBook PDF Kindle ePub Free
eBook details
- Title: Mcvay v. Rich
- Author : Supreme Court of Kansas
- Release Date : January 27, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The opinion of the court was delivered by Anita Marie McVay filed a medical malpractice action against
Dr. Joseph E. Rich and Memorial Hospital Corporation of Topeka
for injuries she allegedly sustained in an operation performed by
Dr. Rich at Memorial Hospital. McVay settled with Dr. Rich. The
trial court granted Memorial Hospital summary judgment on McVay's
claim that the hospital had negligently granted or continued
staff privileges in Dr. Rich when it knew or should have known
that he was incompetent. The Court of Appeals affirmed in
18 Kan. App. 2d 746, 859 P.2d 399 (1993), and we granted McVay's petition
for review. The sole question before this court is whether the following
decision of the Court of Appeals is correct: "Under the
provisions of K.S.A. 65-442(b) and K.S.A. 1992 Supp. 40-3403(h)
[now K.S.A. 40-3403(h)], a licensed hospital cannot be held
liable for damages because of the rendering of or failure to
render professional services within the hospital by a physician
who is licensed to practice medicine and surgery and covered
under the Health Care Stabilization Fund, if the physician is not
an employee or agent of the hospital." 18 Kan. App. 2d 746, Syl. ¶
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