The plaintiff in this case, Lee Ann Sharbono, filed a lawsuit claiming medical negligence against the defendant Dr. Mark Hilborn, a board-certified radiologist. In the lawsuit it was alleged that Dr. Hilborn had chosen not to timely diagnose Sharbono’s breast cancer. After the trial, the jury found for Dr. Hilborn and against Sharbono. She filed post-trial motions for judgment notwithstanding the verdict, for new trial and for rehearing, all of which the trial court denied. This appeal was taken.
In August 2006, Sharbono was diagnosed with breast cancer in her left breast. It had spread to her nearby lymph nodes under her left arm. She underwent extensive treatment including a modified radical mastectomy of her left breast.
The lawsuit in this case arose out of a diagnosis that was made by Dr. Hilborn in November 2004. Sharbono, who was then 39 years old, went to see her primary care physician because she was experiencing fatigue, weight gain, aches and pain. The doctor ordered a screening mammogram. That mammogram and an ultrasound were claimed to have been misinterpreted.