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Dutton v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


March 10, 2006

JACKIE DUTTON, ADMINISTRATOR OF THE ESTATE OF THOMAS DUTTON, DECEASED, PLAINTIFF,
v.
UNITED STATES OF AMERICA, DEFENDANT.

The opinion of the court was delivered by: Herndon, District Judge

MEMORANDUM and ORDER

This case is a medical malpractice action brought pursuant to the Federal Tort Claims Act. ("FTCA"). Plaintiff alleges that plaintiff decedent's death was proximately caused by the negligence of Dr. Eladio Chatto, an employee of a deemed community health center pursuant to 42 U.S.C. § 233.

Pending before the Court is Plaintiff's amended motion to bar defense expert Bernard Camins, M.D., from rendering emergency room opinions (Doc. 96). Specifically, Plaintiff moves to bar Dr. Camins from rendering any opinions as to the standard of care regarding an emergency room physician because he does not meet the standards required by Illinois statute 735 ILCS 5/8-2501 as he does not regularly diagnose and treat patients in the emergency room setting.*fn1 The Government responds that 735 ILCS 5/8-2501 does not apply in this case as Illinois state law does not apply to this issue because it is properly covered by federal law as it is a procedural issue and that even if 735 ILCS 5/8-2501 does apply, Dr, Camins still qualifies as an expert under 735 ILCS 5/8-2501. The Court agrees with the Government that 735 ILCS 5/8-2501 does not apply.

This Court has jurisdiction over this case under 28 U.S.C. § 1346 and 42 U.S.C. § 233. Questions concerning the admissibility of evidence in federal court are governed by the Federal Rules of Evidence. See Carter v. United States, 333 F.,3d 791, 794 (7th Cir. 2003) (The Seventh Circuit in a FTCA case held: "The Court that the plaintiff sued in was a federal court, not an Illinois state court, and the procedures it applies are federal, not state, procedures, regardless of the source of the substantive rules in the case. This has been the law since 1938, when the Federal Rules of Civil Procedure superseded the Conformity Act, under which federal courts had conformed their procedures to those of the state in which the court was located. See, e.g., Houben v. Telular Corp., supra, 309 F.3d at 1032; Odekirk v. Sears Roebuck & Co., 274 F.2d 441, 445 (7th Cir.1960)). Therefore, 735 ILCS 5/8-2501 does not apply in this case.

Accordingly, the Court DENIES Plaintiff's amended motion to bar defense expert Bernard Camins, M.D., from rendering emergency room opinions (Doc. 96).

IT IS SO ORDERED.

David Rherndon United States District Judge


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