A doctor accused of perforating a woman’s bladder during a hysterectomy is seeking the dismissal of a medical malpractice lawsuit against him and a local hospital, saying a reviewing healthcare professional’s report was not attached to the complaint on time.
Plaintiff Tammy L. Sparks claims defendant Dr. John Hucker performed an outpatient hysterectomy and oophorectomy on Oct. 11, 2012 at defendant Protestant Memorial Medical Center, doing business as Memorial Hospital in Belleville. During the procedure, Hucker allegedly perforated Sparks’ bladder and vesicovaginal fistula, the Oct. 10 complaint states.
As a result, Sparks claims she was forced to endure multiple surgeries, suffered physical, emotional and mental anguish, and experienced diminishing good health. She further alleges she incurred medical costs, experienced pain and discomfort, lost her normal life, suffered depression and anxiety and endured financial hardship, the suit states.
Sparks blames Hucker for causing her injuries, saying he failed to contact the appropriate specialists to repair the perforation, treat the extreme symptoms she was experiencing, monitor her, consistently complete examinations and workups following her discharge and have her properly monitored and tested, among other allegedly negligent acts.
Hucker and Midwest Medical Healthcare filed a motion to dismiss on Jan. 28 arguing that the plaintiff failed to attach a reviewing healthcare professional’s report to her complaint.
While the plaintiff claims she was unable to obtain such a report before the expiration of the statute of limitations, the defendants assert she had until Jan. 10 to file a delayed report but failed to meet the 90-day deadline.
Sparks seeks a judgment of more than $150,000, plus costs and other relief the court deems just.
Circuit Judge Robert LeChien scheduled a status conference for 9:30 a.m. Feb. 10.
Richard B. Korn and Michael E. Donelson of Fox Galvin LLC in St. Louis represent Hucker. Donald K. Schoemaker and Edward S. Bott, Jr., of Greensfelder, Hemker & Gale in St. Louis represent Memorial Hospital. It requests a jury trial.
Sparks filed her lawsuit pro se.
St. Clair County Circuit Court case number 14-L-690