Radiologist wants med mal case dismissed for faulty certificate of merit

Steve Gonzalez Oct. 15, 2008, 12:00pm

Dr. Anthony Sodd filed a motion to dismiss a medical malpractice lawsuit that alleges he failed to properly diagnose a patient's condition.

Sodd filed his motion to dismiss plaintiff Fred Walker's complaint on Oct. 9, arguing the certificate of merit filed in the case is from a board certified general and vascular surgeon, not a radiologist as he is.

Represented by Ted Dennis of Belleville, Sodd argues the doctor signing the certificate of merit, Dr. Paul Collier, is not qualified to act as an expert witness because he does not meet the requirements set forth in 735 ILCS 5/8-2501 which provides that expert witnesses should be board certified in the same or a substantially similar medical specialty.

Dodd claims that since Collier is a surgeon and not a radiologist, he does not meet the requirements for giving a certificate of merit in the case and asks Madison County Circuit Judge Daniel Stack to dismiss.

According to Walker's suit filed Sept. 4, Sodd performed a left lower venous Doppler procedure on his leg April 24 and reported that he had a 3.3 centimeter popliteal cyst in his left leg.

He claims he returned to the hospital June 20 with severe leg pain causing co-defendant Dr. P. Shwan Shekar to perform a left lower extremity arterial Doppler which showed he had a left popliteal fossa cyst.

Walker alleges Sodd and Shekar were negligent because they failed to properly interpret the tests they ran, failed to properly diagnose his condition as a left popliteal artery aneurysm and failed to treat him for the condition.

The complaint says Sodd also failed to advise Walker's primary care physician of his left popliteal artery aneurysm and failed to refer him to a vascular surgeon.

According to Walker, as a result of the negligence of Sodd and Shekar, he suffered serious and permanent injuries, including the loss of his left leg in an above-the-knee amputation.

Walker also names St. Joseph's Hospital in Highland as a defendant in the case alleging the hospital was negligent by providing servants and employees that committed negligent acts.

Walker is seeking damages in excess of $300,000 in damages.

Thomas Q. Keefe, Jr., of Belleville, and Kevin A. Sullivan, of St. Louis, will represent Walker.

Stack has not yet set the motion for a hearing date.

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