Ronald Gould, M.D. and Edwardsville Ambulatory Surgery Center will argue their motion to dismiss a medical malpractice case on Dec. 21 in Circuit Judge Nicholas Byron's courtroom.

Besides hearing the motion to dismiss, Byron will also hold a case management conference.

Walter Hickey filed a four-count suit in Madison County June 1, claiming the defendants failed to thoroughly perform a colonoscopy and diagnose the presence of cancer.

Hickey claims two years after receiving a clean bill of health, he underwent a second colonoscopy on Aug. 3, 2004, which indicated cancer had spread to other organs of his body, including his liver.

His first colonoscopy was performed by Gould on Sept. 23, 2002.

Hickey, who is seeking at least $200,000 in damages, claims the defendants deviated from the standards of medical care by not properly examining the films of the first procedure and not providing a detailed medical report.

He is represented by William Berry of Dunham, Boman & Leskera of Collinsville.

"Subsequent attending physicians were provided inadequate information in order to provide treatment to plaintiff, or to properly diagnosis plaintiff's condition, until the performance of the second colonoscopy," the complaint states.

As a result of the alleged negligence, Hickey claims he will not be able to finish the educational program he had entered.

"Plaintiff was and will in the future be unable to complete in a timely fashion the educational program which he was attending at the time of the diagnosis and further to secure employment, commensurate with a degree that he would receive as a result of the completion of that educational program," the suit states.

Robert Seibel of St. Louis represents Gould, while Stephen Potter represents Edwardsville Ambulatory Surgery Center.

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