The U.S. Court of Appeals for the Seventh Circuit in Chicago has affirmed the dismissal of a Federal Tort Claims Act lawsuit sounding in medical malpractice filed by plaintiff Anna Chronis. She claimed that in June 2015, when she visited the University of Illinois Mile Square Health Center for her annual physical examination, the pap smear procedure did not detect cervical cancer. However, the procedure allegedly caused an injury, pain and bruising, she claimed.
After her Pap smear procedure, she claimed she tried to follow up with her physician, Dr. Tamika Alexander, but was unable to reach her. The complaint stated that the Health Center did not return Chronis’s calls or allow her to make a follow-up appointment. Chronis filed a written complaint with the health center’s grievance committee, requesting $332 for the expenses that she incurred because of the pap smear injury. But after reviewing her letter complaint, the Health Center rejected her request.
The lawsuit filed in the U.S. District Court for the Northern District of Illinois in Chicago under the Federal Tort Claims Act (FTCA) was dismissed when the district court judge found that Chronis had decided not to exhaust her administrative remedies because she had chosen not to make a sum certain demand to the appropriate federal agency before filing her lawsuit.