The surviving husband of a woman whose death was caused by multiple medication toxicity on May 30, 2004, filed a wrongful death lawsuit Jan. 19 in St. Clair County Circuit Court against Sparta Community Hospital, David Chung, M.D. and Healthline Management Inc.

Jerry Dobyns, who is seeking in excess of $150,000, alleges that Chung was negligent and deviated from standard care by failing to properly evaluate and treat Angela's pain syndrome and prescribing inappropriate types and amounts of pain medications and other medicines.

"That as a direct and proximate result of one or more of the aforesaid acts or omissions of negligence on the part of defendant David Chung M.D., Angela died on May 30, 2004, due to multiple medication toxicity," the complaint states.

Dobyns claims that between 2001 and May 2004, his wife, Angela, was under the care and treatment of Chung.

In the suit he states that it was the duty of Dr. Chung to act as a reasonably well-qualified physician practicing in the field of family medicine in the care and treatment of Angela.

At the time of her death, Angela had two minor children and a spouse, who, according to the suit, have since been deprived of her society, companionship, guidance, advice, love, affection, and economic support. Jerry also claims he has sustained the loss of his wife's consortium.

Dobyns is seeking a judgment against Chung in a sum reasonable and equitable and in excess of $50,000 plus cost of the suit.

Dobyns is also seeking at least $50,000 from Healthline Management Inc. alleging that on May 28, 2004, Angela sought care and treatment through Healthline in Sparta Community Hospital's emergency room, which failed to properly evaluate and treat Angela.

Healthline is a foreign corporation licensed to do business in Illinois and does business in St. Clair County as a physician staffing and emergency department management company.

Damages in excess of $50,000 are being sought against Sparta Community Hospital which held itself out to be a reasonably qualified healthcare provider to members of the general public.

Dobyns is represented by J. Michael Weilmuenster of Belleville and Daniel Raniere of St. Louis.

Dennis A. Mazal, M.D., of Aventura, Fla. filed an affidavit on behalf of Dobyns in which he states in part:

"I am duly qualified to render an opinion in this matter. I have reviewed the pertinent medical records concerning Angela Dobyns. In my opinion there is reasonable and meritorious cause for filing a medical malpractice action because they (defendants) deviated from acceptable standards of medical practice by failing to properly evaluate and treat Angela Dobyns' pain syndrome and continued to prescribe inappropriate amounts of pain medications."

05 L 32 (20th Circuit)

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