LeChien orders defense in med mal suit to prepare order allowing substitution of judge

By Christina Stueve | Jan 16, 2012





St. Clair County Circuit Judge Robert LeChien on Jan. 9 ordered a doctor through her attorney to prepare an order requesting a substitution of judge in a medical malpractice case against her.

Jeremy Dickerson, the father of an ailing son, claims Dr. Jane Barker of O'Fallon failed to adequately treat and diagnose his son in a lawsuit filed last Oct. 26.

Dickerson claims he took his child, Skyler Owen Dickerson, to Barker on Aug. 27, 2010 and that Barker allegedly failed to obtain a history of Skyler Dickerson's urine output. She allegedly failed to follow up with a urinanalysis and failed to follow up in time with a diagnosis of bloody stool and constipation, the suit says.

The child suffered renal damage and experienced pain, Dickerson claims. The child also lost normal life while his father incurred medical expenses, according to the complaint.

In his complaint, Jeremy Dickerson seeks a judgment of more than $50,000, plus costs.

Dr. Barker has countered that the child's alleged injuries were not caused by the negligence of "any party" but were the result of an unavoidable accident she is not responsible for.

She also claims the boy's injuries were the result of a pre-existing condition. Dr. Barker demands a trial by jury.

Dr Barker's attorneys, James Hennelly and Karen Moske, filed a certificate of service Jan. 4 to notify the plaintiff's attorneys that Barker's objections and answers to the plaintiff's questions were mailed Jan. 3.

Russell Scott of St. Louis declared himself as additional counsel for Dr. Barker on Jan. 4.

Joseph A. Bartholomew of Cook, Ysursa, Bartholomew, Brauer and Shevlin in Belleville and Tom R. Burcham III of Farmington, Mo. represent Dickerson.

St. Clair County Circuit Court case number: 11-L-605.

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