McKeen v. TurnerAnnotate this Case
Plaintiff filed a proposed malpractice complaint alleging that Defendant’s medical and surgical treatment of Plaintiff’s wife failed to meet the appropriate standard of care, resulting in her death. In addition to the complaint, Plaintiff submitted to the Medical Review Panel (MRP) his wife’s medical records and a narrative statement. The MRP found that Defendant had met the applicable standard of care. Thereafter, Plaintiff filed a complaint in court. Plaintiff named as an expert a hematologist who was expected to testify that Defendant had failed to prescribe the appropriate dosage of anticoagulation medication. Defendant moved to strike the hematologist’s opinion on grounds that Plaintiff’s submission to the MRP did not allege malpractice relating to the anticoagulation medication and so Plaintiff could not pursue the claim in court. The trial court denied the motion. The Court of Appeals affirmed, concluding that Plaintiff was allowed to raise theories of alleged malpractice during litigation following the MRP process. The Supreme Court granted transfer and adopted and incorporated by reference the Court of Appeals opinion, holding that the Court of Appeals’ opinion was consistent with Miller v. Memorial Hospital of South Bend, Inc.