Madison - St. Clair Record

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Hospital seeks to dismiss medical malpractice suit involving newborn

By Heather Isringhausen Gvillo | Apr 14, 2017

A St. Clair County hospital seeks to dismiss a patient’s lawsuit alleging her doctor failed to timely intervene when her son showed signs of distress during delivery.

Wilson filed a first amended complaint on March 27 through attorneys Timothy Tyler and Jesse Tyler of Tyler Law Offices PC in Chicago. Wilson’s amended complaint corrected the last name of minor Matthew Wilson.

The suit was filed against Protestant Memorial Medical Center Inc., Dr. Frank F. Mussemann and Protestant Memorial Medical Center Inc.

In her complaint, Wilson claims she saw Mussemann for prenatal care while pregnant with Matthew Wilson. Wilson delivered her son on Oct. 19, 2011, with Mussemann present as her doctor. However, she alleges Mussemann failed to intervene in a timely fashion when her labor wasn’t progressing. As a result, she claims her child suffered permanent injuries during delivery and will require lifetime care and treatment.

Wilson alleges the defendants failed to timely intervene, failed to properly monitor the child’s medical condition during delivery, failed to timely act and intervene when he was in distress, failed to properly treat the plaintiffs when it was apparent that the baby’s condition was deteriorating and negligently delayed proper medical treatment for the child.

Wilson seeks a judgment of more than $50,000.

Protestant Memorial Medical Center filed a motion to dismiss on March 21 through attorneys Jason Winslow and Jeffrey Glass of Hinshaw & Culbertson LLP in Belleville.

The defendant argues that the complaint was filed without the attorney affidavit, which is required by the Illinois Healing Arts Malpractice Act.

St. Clair County Circuit Court case number 16-L-624

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Organizations in this Story

Hinshaw & Culbertson LLP Tyler Law Offices