Bradford, J.
Case Summary
Suwanna Dickey was receiving treatment for mental health issues when she became acutely psychotic and was admitted to Appellant-Defendant Ball Memorial Hospital. While at Ball Memorial, Appellees-Defendants Dr. Izzet Yazgan and Meridian Services Corporation provided medical care and psychological services to Dickey. Initially, Dr. Yazgan prescribed Dickey Geodon and later switched to risperidone (a/k/a Risperdal). At approximately 12:30 p.m. on April 12, 2008, Dickey died.
In September of 2009, Appellee-Plaintiff L. Gail Fair, as personal representative of Dickey’s estate, filed a proposed complaint with the Indiana Department of Insurance. The proposed complaint named Ball Memorial, Dr. Yazgan, Meridian Services, and others as defendants. The proposed complaint alleged that Ball Memorial’s, Dr. Yazgan’s, and Meridian Services’ treatment of Dickey fell below the applicable standard of care. A medical review panel (“the Panel”) evaluated the evidence and arguments of the parties and unanimously decided that none of the defendants named in the proposed complaint breached the standard of care.
In January of 2010, Fair filed her complaint in Delaware Circuit Court. (Appellant’s App. 7). All defendants filed motions for summary judgment, and in response, Fair designated an affidavit from Dr. Celestine M. DeTrana, who offered opinions criticizing Ball Memorial pharmacists. Fair also deposed Dr. Yazgan, whose testimony arguably suggested that Ball Memorial’s pharmacist breached the standard of care. Afterwards, Dr. DeTrana was deposed and testified that the pharmacist breached the standard of care.
Ball Memorial moved for summary judgment, contending that Fair should not be able to pursue a medical malpractice claim against its pharmacist because such a claim was not made to the panel. Fair responded, contending that her failure to mention the pharmacist before the Panel should not preclude her from making the argument now. Dr. Yazgan and Meridian Services argued that, even if Fair is prevented from making a claim regarding the pharmacist, they should be able to raise such a claim as a defense. The trial court ruled that Fair would be able to pursue a claim against Ball Memorial’s pharmacist, and Ball Memorial now appeals. Because we conclude that (1) Fair may pursue a medical malpractice claim against the pharmacist, (2) Dr. Yazgan and Meridian Services may raise the pharmacist’s alleged negligence as a defense, and (3) Ball Memorial’s claim that its liability is limited to vicarious liability for the possible negligence of Dr. Yazgan and Meridian Services is not ripe for adjudication, we affirm.
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Ball Memorial contends that the trial court erred in declining to enter summary judgment in its favor on the question of whether Fair may pursue claims of negligence by Ball Memorial’s pharmacist. Fair argues that she should be allowed to present evidence of pharmacist negligence because she presented evidence of the administration of excessive dosages of Geodon and risperidone to the Panel; this court’s opinion in K.D. v. Chambers, 951 N.E.2d 855, 857 (Ind. Ct. App. 2011), trans. denied, disapproved on other grounds by Spangler v. Bechtel, 958 N.E.2d 458, 466 n.5 (Ind. 2011), conflicts with the Indiana Supreme Court’s decision in Miller by Miller v. Mem’l Hosp. of S. Bend, Inc., 679 N.E.2d 1329, 1331 (Ind. 1997), and the Indiana Rules of Trial Procedure; and K.D. is distinguishable in any event. The ITLA also argues that K.D. is not good law but adds that the Panel’s opinion should not be limited to arguments made by non-expert claimants as a matter of policy.
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…This issue boils down to whether Fair’s proposed complaint was sufficient to preserve a claim against Ball Memorial’s pharmacist, even though negligence by neither the pharmacist nor any member of the pharmacist’s staff was specifically alleged in the proposed complaint.
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The application of Miller to this case leads us to conclude that Fair may pursue a claim of negligence against Ball Memorial’s pharmacist in the trial court. As mentioned, the Miller court’s disposition was based on the principles of notice pleading, which do not require that a complaint state all of the elements of a cause of action or anything more than the “‘operative facts involved in the litigation.’” Miller, 679 N.E.2d at 1332 (quoting State v. Rankin, 260 Ind. 228, 231, 294 N.E.2d 604, 606 (Ind. 1973)). Fair has satisfied Miller’s requirements. As previously mentioned, Fair’s proposed complaint alleged, inter alia, that Ball Memorial’s “nurses and staff failed to properly administer medications and [monitor] the effects of the medication[.]” Appellant’s App. p. 77 (emphasis added). It is not disputed that Ball Memorial’s pharmacist is a member of the hospital’s staff. Moreover, because “administer” may be defined as “to mete out [or] dispense[,]” WEBSTER’S THIRD NEW INTERNATIONAL DICTIONARY 27 (Phillip Babcock Gove et al. eds., G.&C. Merriam Company 1964), Ball Memorial’s pharmacist was involved in the administration of the medications to Dickey. In other words, Ball Memorial was put on notice that the possible negligence of any member of its staff involved in the administration of the medications was at issue, which includes the pharmacist. The trial court correctly denied Ball Memorial summary judgment on this point.
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We conclude that the trial court correctly denied defendant Ball Memorial summary judgment on the question of whether plaintiff Fair may pursue a negligence claim against its pharmacist. Dr. Yazgan and Meridian Services may also raise potential negligence on the part of the Ball Memorial pharmacist as a defense. Because Fair has a claim of negligence against the Ball Memorial pharmacist, Ball Memorial is not entitled to an order limiting its liability pursuant to Indiana Code section 34-18-14-3(d) at this time.
We affirm the judgment of the trial court.
Najam, J., and Mathias, J., concur.