Matter of Estate of Blacher

Opinion by

Judge TURSI.

Plaintiff, Annette Blacher, individually and as personal representative of the estate of Phil Blacher (decedent), appeals the dismissal of certain claims against defendant, E. Lee Garlett. She further appeals the denial of her motion to amend the complaint and the award of attorney fees to defendant. We affirm.

The decedent consulted defendant, his physician of many years, because he was experiencing pain while swallowing. Defendant misdiagnosed decedent’s ailment as being related to a pre-existing hiatal hernia. Defendant considered this condition nonfatal and,…