McVay v. Rich’s Empirical Analysis
1994
Citation profile
6 district · 16 state decisions
How this case has been cited
Cited by 24 later decisions — most recently September 2019
6 district · 16 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 33 Ill. 2d 326 - Darling v. Charleston Community Memorial Hospital · Costello v. United States · Bair v. Peck · Malone v. University of Kansas Medical Center · Plains Resources, Inc. v. Gable
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A health care provider who is qualified for coverage under the [health care stabilization] fund shall have no vicarious liability or responsibility for any injury or death arising out of the rendering of or the failure to render professional services inside or outside this state by any other health care provider who is also qualified for coverage under the fund. The provisions of this subsection shall apply to all claims filed on or after [July 1, 1986].” (Emphasis added.)”
4 later decisions quote this exact passage · from the majority““There shall be no liability on the part of and no action for damages shall arise against any licensed medical care facility because of the rendering of or failure to render professional services within such medical care facility by a person licensed to practice medicine and surgery if such person is an not employee or agent of such medical care facility.””
3 later decisions quote this exact passage · from the majority““The clear, unambiguous language of K.S.A. 65-442(b) and K.S.A. 40-3403(h) requires the conclusion that those statutes bar McVay’s claim against the hospital. McVay’s claim is barred by 65-442(b) because her claim is ‘because of’ [die doctor’s] rendering or failure to render professional services. McVay would have no claim against die hospital if [the doctor] had not negligently treated her . Her claim against the hospital is derivative of and dependent upon her claim against [the doctor].” “Similarly, McVay’s claim against [the hospital] ‘arise[s] out [die doctor’s] rendering of or the failure to render professional services,’ so it is barred by K.S.A. 40-3403(h).” (Emphasis added). 255 Kan. at 377 .”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.