Plaintiff alleged malpractice associated with failure to diagnose cancer, resulting in death.
Case against the defendant was dismissed for procedural failings on the part of the Plaintiff's counsel during the Medical Review Panel proceedings, which was affirmed on appeal.
Plaintiff claimed that her mother's gynecologist failed to timely diagnose breast cancer, leading to her mother's unfortunate death. During the administrative portion of the proceedings before the Medical Review Panel, Plaintiff's counsel failed to timely supply a submission of medical evidence for the panel's consideration. Upon motion from the defense, a Lake County judge dismissed Plaintiff's malpractice claim based on her failure to prosecute it and comply with the terms of the Indiana Medical Malpractice Act. The Plaintiff appealed the dismissal with prejudice of her claim. The Court of Appeals affirmed the lower court's decision, allowing the dismissal to stand.