Madison County's first Law Division (civil cases seeking in excess of $50,000) lawsuit was a medical malpractice complaint against Maryville physician James Dalla Riva, M.D.

But the case could be short-lived if the required affidavits, which did not accompany the original complaint, are not filed within 90 days.

Representing herself, Melanie Wylie of Maryville alleges Dalla Riva failed to properly care and diagnose her medical condition which caused her to undergo emergency surgery on Jan. 6, 2006.

According to Wylie, Dalla Riva was negligent and careless by failing to properly care and diagnose her, failed to order proper tests in order to appropriately diagnose her and failed to follow through with testing.

Nowhere in the complaint does Wylie state what kind of medical condition Dalla Riva failed to treat.

She does however state that Dalla Riva's alleged negligence caused her to suffer "serious and devastating injuries" which has caused her to endure a "great deal of pain and emotional suffering," medical expenses, disfigurement, lost wages and loss of a normal life.

Wylie's husband, Anthony, who is also acting as his own attorney, claims his wife's injuries have caused him to suffer loss of consortium.

The Wylies are seeking damages in excess of $150,000, plus costs of the suit.

Their case has been assigned to Circuit Judge David Hylla, who was the first Madison County judge to dismiss a medical malpractice case because the plaintiff's attorney failed to produce an affidavit of merit on time.

Section 2-622 of the Illinois Code of Civil Procedure requires that an affidavit of merit must be filed within 90 days of the suit being filed.

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