Birthing problems prompt mother to file med mal complaint

By Steve Gonzalez | Apr 23, 2008

Lisa Fletcher filed a medical malpractice complaint against Kevin Michael Scharff, M.D. and Anderson Hospital in Madison County Circuit Court April 22, alleging they deviated from the standard of care when delivering her daughter on April 29, 2006.

Fletcher alleges Scharff provided all prenatal care and treatment prior to the birth of her daughter and held himself out to be a reasonably well qualified physician practicing in obstetrics and gynecology.

She claims on the date of delivery, Scharff negligently and carelessly deviated from the standard of care by failing to timely deliver her daughter and failing to order appropriate testing to evaluate the condition of her infant.

Fletcher claims that as a result of Scharff's alleged acts, her daughter sustained severe and permanent injuries, including mental, physical and developmental disability and as a result suffered and will continue to suffer acute and prolonged physical and mental pain and anguish, will be at an increased risk of future injury and has and will become liable for medical expenses.

She also claims her daughter has and will suffer from a severe disability and disfigurement which has eliminated and impaired her earning capacity.

The certificate of merit signed by Michael Cardwell, M.D. of Normal, Ill., claims Cardwell reviewed all medical records involved and believes Scharff deviated from the standard of care when he failed to deliver the baby when Fletcher showed signs of pre-eclampsia which warranted "emergent action."

Cardwell claims it is his opinion that Fletcher has a "reasonable and meritorious cause" for filing the med mal complaint.

Represented by J. Michael Weilmuenster of Belleville, Fletcher is seeking damages in excess of $100,000, plus costs.

The case has been assigned to Circuit Judge David Hylla.

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