Med mal case set for trial goes to appellate court instead

By Amelia Flood | Aug 17, 2010


A medical malpractice suit against a doctor, an Alton hospital and two nurses that had been set for trial Monday is moving to the appellate court at Mt. Vernon.

Madison County Circuit Judge Andreas Matoesian signed an order staying proceedings in the 2003 case until plaintiff Margaret Boehler, the administrator of the estate of Marilee Midden, had time to appeal the summary judgments he granted to defendants Sally Day and Helen Long.

Matoesian granted Day and Long, both registered nurses, a way out of the case Aug. 6.

Boehler sued the nurses, Dr. Rebekka Christie and Alton Memorial Hospital for allegedly failing to use proper treatments or properly treat Marilee Midden when she came to the Alton hospital with heart problems.

Midden died from the heart issue.

The suit seeks at least $50,000 and other relief.

Matoesian agreed with arguments by the nurses' attorneys Theodore MacDonald that the plaintiff had failed to provide the testimony of a doctor as to the nurses' negligence in the matter as required by law.

Boehler filed a motion for asking the judge for a special finding that there was no reason to delay an appeal Aug. 10, seven days before the case was set for trial.

In his Aug. 10 order, Matoesian found that there is no objection to the move from the defendants and he stayed the case until the appeal could go forward.

The plaintiff's notice of appeal was filed Aug. 16.

Dr. Christopher Green had been a defendant in the case as well but was dropped from the case.

Boehler is represented by John Womick of Herrin, Ill.

Long, Day, and the hospital are represented by MacDonald and Dede Zupanci.

Terese Drew represents Christie.

The case is Madison case number 03-L-2038.

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