Madison County Circuit Judge Daniel Stack is set to hear a motion to compel as discovery continues in a medical malpractice suit filed against neurologist Dr. Daniel Mattson and the St. Louis Neurological Institute.
Discovery is on-going in the suit filed earlier this year by plaintiffs Sherry and James Scott of Bethalto.
The Scotts claim that Mattson and his practice did not prescribe the right medication to their son in order to prevent him from having seizures.
Stack is set to hear the motion at 9 a.m. on Nov. 19.
The defendants are moving to dismiss the suit citing a lack of
jurisdiction under the Illinois "long-arm" statute.
The Scotts are seeking damages in excess of $50,000 and costs.
The plaintiffs contend the defendants did not listen to their concerns about increasing seizure activity, did not examine their son or do a proper medical history, failed to test and follow-up with their son and that they did not recognize they should have changed his medication to prevent the increase in seizures.
The plaintiffs claim that condition led to their son's hospitalization.
The defendants deny the claims.
They argue that because they treated the Scotts' son in St. Louis there was not enough contact taking place in Illinois to meet the state's jurisdiction and venue requirements.
The motion to dismiss remains pending.
Madison County Circuit Judge Barbara Crowder initially oversaw the suit.
Thomas Falb represents the Scotts.
J. Thadde Eckenrode represents the defendants.
The case is Madison case number 10-L-482.