Federal judge remands med mal case to St. Clair County

Steve Gonzalez Oct. 11, 2006, 6:16am

United States District Judge Michael Reagan remanded a medical malpractice case back to St. Clair County for further proceeding after the plaintiff dismissed a doctor employed by the federal government.

On Oct. 4, Reagan ruled the case now lacks subject matter jurisdiction since the federal employee has been dismissed.

Acting U.S. Attorney Randy Massey removed the wrongful death suit against Memorial Hospital and several doctors to federal court because one of the named physicians is employed by the U.S. government.

When removing the case July 12, Massey argued that since Dr. John Magner was acting in the course of his deemed office or employment when the alleged medical negligence took place, the case must be heard in federal court.

On Aug. 15, 2005, John Lattina filed suit in St. Clair County Circuit Court alleging the hospital failed to properly diagnose his wife's pyelonephritis when she entered the hospital's emergency department on Feb. 14, 2004.

Deanna Lattina died three days later.

Seeking in excess of $100,000 in damages, Lattina filed a wrongful death lawsuit against the hospital and John Magner, M.D. and Kurt Kloss, M.D.

He claims he has been deprived of his wife's support, society, companionship, love and affection.

According to Lattina, the following acts of professional negligence were committed:

  • failure to provide adequate treatment;
  • failure to prescribe antibiotic or other appropriate medications upon discharge; and
  • failure to properly follow-up

    Pyelonephritis is a kidney infection, usually from bacteria that has spread from the bladder.

    Lattina is represented by Gregory Shevlin of Cook, Ysursa, Bartholomew, Brauer & Shevlin of Belleville.

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