Gateway wants suit dismissed

Steve Gonzalez Sep. 21, 2005, 5:57pm

Gateway Regional Hospital will be in court Sept. 28, attempting to convince Circuit Judge George Moran to dismiss a broken tooth and lost medical records medical malpractice suit.

A suit was filed against Gateway by Dale Hughes who is seeking damages in excess of $200,000 on Feb. 3.

The alleged incident occurred on Sept. 16, 2004, while Hughes was receiving anesthesia before undergoing a surgical procedure. He claims that while he was getting anesthesia, a tube placed into his mouth fractured his tooth.

Hughes claims he became sick, sore, lame, disordered and disabled and he sustained injuries to his head, body, and mouth both internally and externally.

He is seeking damages for pain and suffering, medical care, treatment and services to repair his tooth, and for a disability as a result of his injuries.

The suit also claims the defendants allowed or caused the deletion, alteration, loss or destruction of his medical records, claiming Gateway had a duty to preserve the account of injury since it knew the medical records would be material evidence in a potential civil action.

Gateway is represented by Richard Behr of Behr, McCarter & Potter of St. Louis.

Hughes is represented by Thomas Rich of Fairview Heights.

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