After removing a medical malpractice lawsuit to federal court, the U.S. seeks to be replaced as defendant in a mother’s suit alleging she was discharged from the hospital at 39 weeks pregnant despite signs of preeclampsia, resulting in the death of her unborn baby.
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Chief Judge Rosenstengel
EAST ST. LOUIS – U.S. Magistrate Judge Gilbert Sison on Feb. 18 dismissed physician Melvin Merritt from a suit over delivery of a baby, ruling that plaintiff Heather Turner must sue the United States instead.
Sison found Merritt acted as an employee of Southern Illinois Health Care Foundation, a public health service that qualifies for protection from malpractice suits.
“When a public health service’s employee or officer’s performance of medical functions causes damages, including personal injury or death, the only available remedy is a Federal Tort Claims Act lawsuit against the United States,” he wrote.
He denied a motion to remand the suit to Madison County circuit court, where Morgan Scroggins of Granite City filed it for Turner last year.