Belleville plastic surgeon Robert Wanless, M.D. and Plastic Surgery Consultants were denied summary judgment in St. Clair County Circuit Court today from a 2009 medical malpractice suit involving breast reduction surgery.
Defense attorney Madelyn Lamb of Belleville argued that there is no evidentiary basis from which a jury could conclude that Wanless failed to properly advise plaintiff Joanne Dycus of the risks of the procedure or failed to provide appropriate informed consent, and that plaintiffs - which include her husband Robert Dycus - failed to prove through expert testimony that Wanless deviated from the standard of care.
Joanne Dycus claims she suffers permanent scarring after Wanless failed to determine staples used in a 2008 breast reduction surgery would counteract with immunosuppressant drugs in her system.
Lamb said that Joanne Dycus admitted during a deposition that Wanless discussed the risks of the surgery before the procedure.
"Although she could not recall the specific details of her conversation with Dr. Wanless, plaintiff acknowledged they discussed the effects of the Methotrexate and Humira and she was aware that she personally had an increased risk of delayed healing as a result of taking the medication," according to the motion for summary judgment.
Circuit Judge Andrew Gleeson denied Lamb's motion after plaintiff attorney Joseph Bartholomew of Belleville argued that summary judgment was inappropriate at this stage. He said that genuine issues of material fact exist and should be decided by a jury.
In their suit, the Dycuses claim Wanless performed a medically necessary breast reduction surgery on Nov. 17, 2008.
However, before performing the surgery, Wanless allegedly failed to provide appropriate informed consent to Joanne L. Dycus, who took the Immunosuppressant drugs, and failed to consult with Joanne L. Dycus’ rheumatologist to determine whether she should stop taking the drugs prior to surgery, according to the complaint. In addition, Wanless used staples on Dycus, failed to recognize a serious wound healing problem following the surgery and failed to properly monitor Joanne L. Dycus’ wounds, the suit states.
In addition, her husband, Robert Dycus, says he has lost his wife’s consortium.
In the four-count suit, the Dycuses are seeking a judgment of more than $200,000, plus costs.
St. Clair County Circuit Court case number: 09-L-643.