60-2609. Judgments in damage actions for acts or omissions of health care providers; installment or periodic payment of damages; contents and modification of judgment; "health care provider" defined.
60-2609
60-2609. Judgments in damage actions for acts oromissions of healthcare providers; installment or periodic payment of damages; contents andmodification of judgment; "health care provider" defined.(a) Whenever judgment is entered on a claim in any action for recovery ofdamages for personal injury or death arising out of the rendering of orthe failure to render professional services by any health care provider,the court may include in such judgment a requirement that the damages awardedbe paid in whole or in part by installment or periodic payments, and anyinstallment or periodic payment upon becoming due and payable under theterms of any such judgment shall constitute a separate judgment upon whichexecution may issue. Any judgment ordering any such payments shall specifythe amount of each payment, the interval between payments and the numberof payments to be paid under the judgment. For good cause shown, the courtmay modify such judgment with respect to the amount of such payments andthe number of payments to be made or the interval between payments, butthe total amount of damages awarded by such judgment shall not be subjectto modification in any event.
(b) As used in this section, "health care provider" means a person licensedto practice any branch of the healing arts, a person who holds a temporarypermit to practice any branch of the healing arts or a person engaged ina postgraduate training program approved by the state board of healing arts,a licensed medical care facility, a health maintenance organization, a licenseddentist, a licensed professional nurse, a licensed practical nurse, a licensedoptometrist, a licensed podiatrist, a licensed pharmacist, a professionalcorporation organized pursuant to the professional corporation law ofKansas by persons who are authorized by such law to form such a corporationand who are health care providers as defined by this subsection, alicensed physical therapist or an officer, employee oragent thereofacting in the course and scope of employment or agency.
History: L. 1976, ch. 250, § 1; L. 1986, ch. 231, § 7;L. 1988, ch. 246, § 14;L. 2003, ch. 128, § 21; Apr. 1, 2004.