Breast cancer mis-diagnosis claim not "malpractice"

This week the Court of Appeals rejected an appeal by Barbara Stachak.  Ms. Stachak asked the Court of Appeals to overturn the Emmet County jury verdict against her and alleged that the Circuit Court judge erred by admitting testimony of a cytotechnologist at Northern Pathology Associates.  Ms. Stachak, the plaintiff, claimed that doctor Adolfo Ceniza at NPA mis-read her pathology slides and erred in diagnosing breast cancer.  She claimed that the tech's testimony was cumulative and was improperly used to bolster the standard of care testimony in support of the doctor's case.  The higher court determined that the evidence from the tech was admissible to explain the process of examining slides at NPA and that it's prejudicial effect did not outweigh its probative value, particularly given the Court's limiting instruction to jurors explaining that the techn's testimony could not be considered on standard of care issues.