Phillips v. Larry's Drive-In Pharmacy, Inc.

STARCHER, Justice:

In this certified question from the Circuit Court of Boone County, we are asked to examine a case where a plaintiff alleges that *487a pharmacy negligently filled a prescription. The question from the circuit court asks us to consider whether a pharmacy is a “health care provider” entitled to rely upon the protections of the 1986 Medical Professional Liability Act.

After careful consideration of the briefs of the parties and the amici curiae,1 the arguments, and all matters of record, we conclude that a pharmacy is not a health care provider as defined by the Act.

I

Facts &…