Ob-Gyn wants med-mal claim tossed

Steve Gonzalez Mar. 3, 2008, 4:30am

A Maryville obstetrician-gynecologist wants a medical malpractice claim filed against him dismissed because the pro se plaintiffs failed to file a written report from a health care professional detailing the cause for filing suit.

Representing herself, Melanie Wylie of Maryville alleges Dr. James Dalla Riva failed to properly care and diagnose her medical condition which caused her to undergo emergency surgery on Jan. 6, 2006.

According to Wylie, Dalla Riva was negligent and careless by failing to properly care and diagnose her, failed to order proper tests in order to appropriately diagnose her and failed to follow through with testing.

Nowhere in the complaint does Wylie state what kind of medical condition Dalla Riva failed to treat.

But Dalla Riva agues that the case must be dismissed because the plaintiff failed to attach a certificate of merit when filing the suit as required by statute with any healing art malpractice case.

In Illinois, plaintiffs must file a copy of the written report from the reviewing health care professional which identifies the professional's name, address, current license numbers, and states of the license numbers.

Represented by Richard Record Jr. and Julie Webb, Dalla Riva argues Madison County Circuit Judge Daniel Stack should dismiss the suit with prejudice due to the lack of the certificate.

Circuit Judge David Hylla originally was assigned to the case but signed an order of recusal because a family member is currently a patient of Dalla-Riva.

Last year, Hylla dismissed with prejudice a wrongful death lawsuit because the plaintiff's attorney failed to produce an affidavit of merit on time.

That means Lorna Hinnen's claim against Troy family practitioner Dolores Cantrell over the care of her husband Larry Dean Hinnen has dissolved. The suit was filed in Madison County Circuit Court May 14, 2007 alleging Cantrell deviated from standards of care.

Hylla got rid of the suit, which also named Jim Miller as a defendant, on Sept. 20, 2007, after lawyers representing the defendants successfully argued the case should be dismissed pursuant to 2-622 of the Illinois Code of Civil Procedure.

Rick Hunsaker of Heyl Royster in Edwardsville argued that plaintiff attorney Stephen Evans of St. Louis failed to submit an affidavit of merit even though he had Hinnen's medical records for well over a year.

Stack has yet to set a hearing in the case.

Wylie alleges that Dalla Riva's alleged negligence caused her to suffer "serious and devastating injuries" which has caused her to endure a "great deal of pain and emotional suffering," medical expenses, disfigurement, lost wages and loss of a normal life.

Wylie's husband, Anthony, who is also acting as his own attorney, claims his wife's injuries have caused him to suffer loss of consortium.

The Wylies are seeking damages in excess of $150,000, plus costs of the suit.

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Organizations in this Story

Heyl Royster
124 SW Adams St
Peoria, IL 61602

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