Neurosurgeon named in med mal suit

Ann Knef Dec. 5, 2006, 4:21am

Dale M. Hutton claims neurosurgeon Robert E. Schultz, M.D. botched her back surgery in a lawsuit filed Nov. 28 in St. Clair County Circuit Court.

According to the suit, Schultz failed to properly perform a lateral retroperitoneal BAK interbody fusion surgery on Hutton on Nov. 29, 2004, at Memorial Hospital in Belleville.

"Her body was injured under the care of defendant Dr. Schultz causing her to undergo further painful corrective treatment and unecessary pain and suffering," the complaint states.

"She has also incurred lost wages, missed opportunities, a diminished quality of life, additional medical expenses, great inconvenience, and she now faces a medically uncertain future with more doctor visits, more diagnostic tests, more procedures, more medications, more medical bills, more lost wages and more pain and suffering."

Neurological Surgery of Belleville is a co-defendant.

Represented by David C. Nelson of Nelson & Nelson in Belleville, Hutton is seeking in excess of $100,000 plus costs, interest and expenses.

She alleges Schultz failed to exercise the degree of care, skill, knowledge and learning that is ordinarily exercised in the medical community in that he failed to:

  • Evaluate Hutton's condition to determine whether she was a proper candidate for each treatment rendered;

  • Advise and warn Hutton of the possible risks related to each treatment rendered so she could make a meaningful decision regarding consent to each treatment;

  • Perform any intra-operative testing to ensure proper placement of the BAK device;

  • Place the BAK device properly during the lateral retroperitoneal BAK interbody fusion procedure, resulting in a dangerous and harmful medical condition wherein the BAK device was protruding into Hutton's spinal canal;

  • Notify Hutton of the improper placement of the BAK device;

  • Diagnose, treat or refer Hutton for treatment that would correct the condition created by the improper placement of the BAK device.

    "As a direct and proximate result of defendant Dr. Schultz's alleged actions or omissions, Dale M. Hutton has been made to undergo numerous, extensive and frightening medical procedures," the complaint states.

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