Kusmierczak estate files wrongful death claim against Anderson Hospital

By Steve Gonzalez | Jul 17, 2007

The estate of Scott Kusmierczak filed a wrongful death suit against Anderson Hospital in Maryville in Madison County Circuit Court July 16, alleging the hospital's negligence caused his death.

Represented by Rex Carr of East St. Louis, Kusmierczak's wife, Barbara Kusmierczak, claims Scott died on March 26, 2006.

According to Kusmierczak, Anderson negligently and carelessly failed to notify Scott's physician of no bowel sounds prior to starting him on a clear liquid diet on the date of his death.

She also claims the hospital failed to notify her husband's doctor of Scott's continued absence of bowel sounds, failed to notify his doctor of an elevated temperature, shortness of breath and vomiting and failed to follow the chain of command by not notifying Scott's physician of his ailments before inserting a nasogastric tube.

Kusmierczak also is seeking damages from Dr. Charles Lane claiming he failed to recognize and treat Scott's bile leak in a timely manner and failed to recognize the ongoing signs of sepsis.

According to the complaint, as a result of the defendants' alleged negligence, Scott suffered permanent pain, mental anguish, disability, disfigurement and medical expenses until the time of death.

Kusmierczak also claims she and her two children have suffered a pecuniary loss, including the loss of love, support, companionship, affection and society Scott provided.

Kusmierczak is seeking damages in excess of $400,000.

The case has been assigned to Circuit Judge David Hylla.

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