Preview
FILED: RICHMOND COUNTY CLERK 11/30/2021 03:18 PM INDEX NO. 152018/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/30/2021
MLM-5184
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
---------------------------------------------x INDEX NO: 152018/2021
DAWN SCHWARTZ and LARRY SCHWARTZ,
Plaintiff(s), DEMAND FOR A VERIFIED
- against - BILL OF PARTICULARS
GARY SPIERER, M.D., GATEWAY OBGYN ASSOCIATES,
P.C., NORTHWELL HEALTH UNIVERSITY PHYSICIANS
GROUP, NORTHWELL HEALTH PHYSICIAN PARTNERS,
INC., d/b/a NORTHWELL HEALTH PHYSICIAN
PARTNERS OBSTETRICS & GYNECOLOGY AT CROMWELL
AVENUE, and NORTHWELL HEALTH, INC.,
Defendant(s).
---------------------------------------------x
PLEASE TAKE NOTICE, that the answering defendant(s), GARY SPIERER,
M.D., hereby demand(s) that the plaintiff(s) serve a Verified Bill of
Particulars, pursuant to Article 30 and §§ 3041 and 3042 of the CPLR,
within 20 days after service of this Demand as follows:
1. Name, address and date of birth of plaintiff(s).
2. (a) Set forth each and every act of negligence or
malpractice on the part of the answering
defendant(s) which it will be claimed
constitutes the negligence or malpractice
alleged in the Complaint.
(b) Set forth the date, time and place such acts
are alleged to have been committed.
3. If plaintiff will claim that the answering defendant
improperly performed a surgical procedure or procedures,
or performed a surgical procedure that was
contraindicated and/or unnecessary, or failed to perform
a required surgical procedure, state:
(a) The name of each improperly performed,
contraindicated, or unnecessary surgical
procedure and the date when it was performed.
(b) The manner in which a surgical procedure was
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performed contrary to accepted standards of
medical practice.
(c) In what manner was the surgical procedure
contraindicated or unnecessary.
(d) Describe the procedure which should have been
performed and which the defendant failed to
perform.
4. If plaintiff will allege that the answering defendant'.s
alleged malpractice consisted of a misdiagnosis, failure
to perform a diagnostic procedure, failure to have a
proper consultation, failure to medicate, treat or
operate; ·.giving a contraindicated test or study;
administering a treatment in a manner contrary to
accepted standards of medical procedure; administering a
medicine in a manner contrary to accepted standards of
m-edical procedure; performing a test in a manner
contrary to accepted standards of medical practice; and
performing a surgical procedure in a manner contrary to
accepted standards or medical practice, state:
(a) The misdiagnosis.
(b) The .test -or diagnostic procedure that
defendant failed to order/perform.
(c) The test or diagnostic procedure that was
improperly performed or interpreted.
(d) The proper/appropriate consultation.
(e) The treatment, medication or surgery that
should have been given/performed.
(f) The treatment that was administered in a
manner contrary to accepted standards of
medical procedure.
(g) The manner in which the medicine was
administered in a manner contrary to accepted
standards of medical procedure.
(h) The manner in which a test or study was
performed or interpreted contrary to accepted
standards of medical practice.
(i) The contraindicated or improperly administered
medicine, test, or study.
5. If plaint.iff will allege that the answering defendant
ignored complaints, signs and/or symptoms, made an
erroneous diagnosis, afforded improper treatment,
administered. improper and/or contraindicated drugs,
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administered proper drugs in an incorrect dosage, failed
to take or administer tests, or improperly took and
administered tests, state:
(a) The complaints, signs and/or symptoms that the
answering defendant ignored and the date of
each such occurrence.
(b) In what respect the diagnosis by the defendant
was erroneous and incorrect, what the claimed
correct diagnosis should have been, and the
point in time that the plaintiff will claim
the answering defendant should have made the
correct diagnosis.
(c) The name. of each and every improper and/or
contraindicated drug, if any, the name of the
defendant prescribing the same and the date of
each such prescription.
(d) The date of each proper drug allegedly
admirlistered incorrectly with the dosage that
the plaintiff - will claim was the correct
dosage.
(e) The name and/or description of each and every
test answering defendant failed to take or
administer and the alleged date of such
admission.
(f) The name of each and every test the answering
defendant improperly took or administered, and
the manner in which each such test was
improperly taken or administered and the
date(s) thereof.
6. If plaintiff will allege defective and/or improperly
used equipment against the answering defendant, state/
identify:
(a) The defective and/or improperly used
equipment.
(b) The defective condition(s).
(c) The manner in which the equipment was
improperly used and by whom.
7. A general statement of the standards of medical practice
from which it is claimed that the answering defendant(s)
deviated.
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8. Identify the specific agents, servants and/or employees
for whom any entity defendant is allegedly liable.
9. Set forth each injury which it is alleged by the
plaintiff(s) to have been caused by the alleged
negligence or malpractice and is causally related
thereto.
10. Set forth each injury which the plaintiff(s) allege to
be permanent. For any temporary injuries, state, in
itemized form, the date(s) said condition(s) existed.
11. Set forth the length of time plaintiff(s) allege(s)
confinement to:
(a) hospital(s);
(b) bed;
(c) house.
12. If the plaintiff(s) claim(s) special damages by reason
of·hospital expenses incurred for the treatment of any
condition alleged to have been due to the negligence or
malpractice of the answering defendant(s), set forth:
(a) name and address of each such hospital;
(b) the amount of each hospital bill;
(c) photostatic copies of all hospital bills.
13. If plaintiff(s) claim(s) special damages for physician/
dental services incurred for the treatment of any
condition alleged to have been due to the negligence or
malpractice of the answering defendant(s), set forth:
(a) ñame and address of each such physician/dentist;
(b) the amount of each bill.
14. If the plaintiff(s) claim(s) any loss of wages, salary
or earnings by reason of the negligence or malpractice
of the answering defendant(s), set forth:
(a) occupation of plaintiff(s);
(b) name and address of employer on occasion of
patient/plaintiff's first visit to the
answering defendant(s);
(c) specify each date it is claimed patient/
plaintiff(s) was/were incapacitated from
employment or studies;
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(d) first date or return to gainful employment or
studies, including name and address thereof;
(e) average weekly earnings at the time of the
alleged negligence or malpractice;
(f) total loss of earnings claimed, if any.
15. Set fdrth total amount claimed as special damages as a
result of alleged negligence or malpractice of the
answering defendant(s), as follows:
(a) medical/dental supplies;
(b) nursing services;
(c) any other special damages clairned.
16. Set forth plaintiff's(s') age(s) at the time of the
alleged negligence or malpractice herein.
17. If lack of informed consent is claimed, set forth in
what respects the plaintiff(s) claim(s) that the
answering defendant(s) failed to inform plaintiff(s)
herein of the risks of the treatment or procedure or
contemplated procedures to be performed.
. .
18. Set forth the social security number of the
plaintiff(s).
19. State whether plaintiff(s) has/have been reimbursed for
the claims of economic loss from any collateral source:
(a) If the answer to the forgoing is in the
affirmative,· state for which of such claims
plaintiff(s) has/have been reimbursed, the
amount of reimbursement received and the
name of the person, firm or .organization
who made such reimbursement.
(b) If such reimbursement was made by an
insurance company, state the number of the
policy under which it was paid.
(c) . State whether plaintiff(s) has/have made a
claim for reimbursement for economic loss
to any collateral source.
(d) If the answer to the foregoing is in the
affirmative, state the name of the person,
firm or organization to whom such claim was
presented, the date of presentation, and
the amount claimed.
(e) If such claim was presented to an insurance
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company, state the number of the policy
under which same was made.
20. State in what respect and in what amount it is claimed
the plaintiff sustained damages because of the alleged
loss of service of his/her spouse.
21. State whether plaintiff(s) has/have applied for or is
receiving Medicare or Medicaid benefits in connection
with any accident or illness (whether the accident or
illness is the subject of this litigation).
22. State whether plaintiff(s) has/have applied for or is
receiving SSI or SSDI benefits in connection with any
accident or illness (whether the accident or illness is
the subject of this litigation).
23. State whether any application for Medicare, Medicaid,
SSI and/or SSDI has been denied.
24. State whether plaintiff(s) has/have appealed or intends
to appeal any denial from Medicare, Medicaid, SSI and/or
SSDI benefits.
PLEASE TAKE FURTHER NOTICE, that upon the failure of
plaintiff(s) to comply with this Demand within the time specified,
defendant(s) will move for an Order of Preclusion and demand costs on
such motion.
Dated: Staten Island, New York
November 30, 2021
Yours, etc.,
AMABILE & ERMAN, P.C.
PAUL M. DeCARLO
Attorneys for Defendant
GARY SPIERER, M.D.
1000 South Avenue
Staten Island, NY 10314-3407
(718) 370-7030
pdecarlo@amabile-erman.com
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NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/30/2021
To: SULLIVAN PAPAIN BLOCK
McGRATH COFFINAS & CANNAVO P.C.
120 27 th Floor
Broadway
New York, NY 10271
Attorneys for Plaintiffs
eshifren@triallawl. com
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Preview
FILED: RICHMOND COUNTY CLERK 11/30/2021 03:18 PM INDEX NO. 152018/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/30/2021 MLM-5184 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ---------------------------------------------x INDEX NO: 152018/2021 DAWN SCHWARTZ and LARRY SCHWARTZ, Plaintiff(s), DEMAND FOR A VERIFIED - against - BILL OF PARTICULARS GARY SPIERER, M.D., GATEWAY OBGYN ASSOCIATES, P.C., NORTHWELL HEALTH UNIVERSITY PHYSICIANS GROUP, NORTHWELL HEALTH PHYSICIAN PARTNERS, INC., d/b/a NORTHWELL HEALTH PHYSICIAN PARTNERS OBSTETRICS & GYNECOLOGY AT CROMWELL AVENUE, and NORTHWELL HEALTH, INC., Defendant(s). ---------------------------------------------x PLEASE TAKE NOTICE, that the answering defendant(s), GARY SPIERER, M.D., hereby demand(s) that the plaintiff(s) serve a Verified Bill of Particulars, pursuant to Article 30 and §§ 3041 and 3042 of the CPLR, within 20 days after service of this Demand as follows: 1. Name, address and date of birth of plaintiff(s). 2. (a) Set forth each and every act of negligence or malpractice on the part of the answering defendant(s) which it will be claimed constitutes the negligence or malpractice alleged in the Complaint. (b) Set forth the date, time and place such acts are alleged to have been committed. 3. If plaintiff will claim that the answering defendant improperly performed a surgical procedure or procedures, or performed a surgical procedure that was contraindicated and/or unnecessary, or failed to perform a required surgical procedure, state: (a) The name of each improperly performed, contraindicated, or unnecessary surgical procedure and the date when it was performed. (b) The manner in which a surgical procedure was 1 of 7 FILED: RICHMOND COUNTY CLERK 11/30/2021 03:18 PM INDEX NO. 152018/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/30/2021 performed contrary to accepted standards of medical practice. (c) In what manner was the surgical procedure contraindicated or unnecessary. (d) Describe the procedure which should have been performed and which the defendant failed to perform. 4. If plaintiff will allege that the answering defendant'.s alleged malpractice consisted of a misdiagnosis, failure to perform a diagnostic procedure, failure to have a proper consultation, failure to medicate, treat or operate; ·.giving a contraindicated test or study; administering a treatment in a manner contrary to accepted standards of medical procedure; administering a medicine in a manner contrary to accepted standards of m-edical procedure; performing a test in a manner contrary to accepted standards of medical practice; and performing a surgical procedure in a manner contrary to accepted standards or medical practice, state: (a) The misdiagnosis. (b) The .test -or diagnostic procedure that defendant failed to order/perform. (c) The test or diagnostic procedure that was improperly performed or interpreted. (d) The proper/appropriate consultation. (e) The treatment, medication or surgery that should have been given/performed. (f) The treatment that was administered in a manner contrary to accepted standards of medical procedure. (g) The manner in which the medicine was administered in a manner contrary to accepted standards of medical procedure. (h) The manner in which a test or study was performed or interpreted contrary to accepted standards of medical practice. (i) The contraindicated or improperly administered medicine, test, or study. 5. If plaint.iff will allege that the answering defendant ignored complaints, signs and/or symptoms, made an erroneous diagnosis, afforded improper treatment, administered. improper and/or contraindicated drugs, 2 of 7 FILED: RICHMOND COUNTY CLERK 11/30/2021 03:18 PM INDEX NO. 152018/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/30/2021 administered proper drugs in an incorrect dosage, failed to take or administer tests, or improperly took and administered tests, state: (a) The complaints, signs and/or symptoms that the answering defendant ignored and the date of each such occurrence. (b) In what respect the diagnosis by the defendant was erroneous and incorrect, what the claimed correct diagnosis should have been, and the point in time that the plaintiff will claim the answering defendant should have made the correct diagnosis. (c) The name. of each and every improper and/or contraindicated drug, if any, the name of the defendant prescribing the same and the date of each such prescription. (d) The date of each proper drug allegedly admirlistered incorrectly with the dosage that the plaintiff - will claim was the correct dosage. (e) The name and/or description of each and every test answering defendant failed to take or administer and the alleged date of such admission. (f) The name of each and every test the answering defendant improperly took or administered, and the manner in which each such test was improperly taken or administered and the date(s) thereof. 6. If plaintiff will allege defective and/or improperly used equipment against the answering defendant, state/ identify: (a) The defective and/or improperly used equipment. (b) The defective condition(s). (c) The manner in which the equipment was improperly used and by whom. 7. A general statement of the standards of medical practice from which it is claimed that the answering defendant(s) deviated. 3 of 7 FILED: RICHMOND COUNTY CLERK 11/30/2021 03:18 PM INDEX NO. 152018/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/30/2021 8. Identify the specific agents, servants and/or employees for whom any entity defendant is allegedly liable. 9. Set forth each injury which it is alleged by the plaintiff(s) to have been caused by the alleged negligence or malpractice and is causally related thereto. 10. Set forth each injury which the plaintiff(s) allege to be permanent. For any temporary injuries, state, in itemized form, the date(s) said condition(s) existed. 11. Set forth the length of time plaintiff(s) allege(s) confinement to: (a) hospital(s); (b) bed; (c) house. 12. If the plaintiff(s) claim(s) special damages by reason of·hospital expenses incurred for the treatment of any condition alleged to have been due to the negligence or malpractice of the answering defendant(s), set forth: (a) name and address of each such hospital; (b) the amount of each hospital bill; (c) photostatic copies of all hospital bills. 13. If plaintiff(s) claim(s) special damages for physician/ dental services incurred for the treatment of any condition alleged to have been due to the negligence or malpractice of the answering defendant(s), set forth: (a) ñame and address of each such physician/dentist; (b) the amount of each bill. 14. If the plaintiff(s) claim(s) any loss of wages, salary or earnings by reason of the negligence or malpractice of the answering defendant(s), set forth: (a) occupation of plaintiff(s); (b) name and address of employer on occasion of patient/plaintiff's first visit to the answering defendant(s); (c) specify each date it is claimed patient/ plaintiff(s) was/were incapacitated from employment or studies; 4 of 7 FILED: RICHMOND COUNTY CLERK 11/30/2021 03:18 PM INDEX NO. 152018/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/30/2021 (d) first date or return to gainful employment or studies, including name and address thereof; (e) average weekly earnings at the time of the alleged negligence or malpractice; (f) total loss of earnings claimed, if any. 15. Set fdrth total amount claimed as special damages as a result of alleged negligence or malpractice of the answering defendant(s), as follows: (a) medical/dental supplies; (b) nursing services; (c) any other special damages clairned. 16. Set forth plaintiff's(s') age(s) at the time of the alleged negligence or malpractice herein. 17. If lack of informed consent is claimed, set forth in what respects the plaintiff(s) claim(s) that the answering defendant(s) failed to inform plaintiff(s) herein of the risks of the treatment or procedure or contemplated procedures to be performed. . . 18. Set forth the social security number of the plaintiff(s). 19. State whether plaintiff(s) has/have been reimbursed for the claims of economic loss from any collateral source: (a) If the answer to the forgoing is in the affirmative,· state for which of such claims plaintiff(s) has/have been reimbursed, the amount of reimbursement received and the name of the person, firm or .organization who made such reimbursement. (b) If such reimbursement was made by an insurance company, state the number of the policy under which it was paid. (c) . State whether plaintiff(s) has/have made a claim for reimbursement for economic loss to any collateral source. (d) If the answer to the foregoing is in the affirmative, state the name of the person, firm or organization to whom such claim was presented, the date of presentation, and the amount claimed. (e) If such claim was presented to an insurance 5 of 7 FILED: RICHMOND COUNTY CLERK 11/30/2021 03:18 PM INDEX NO. 152018/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/30/2021 company, state the number of the policy under which same was made. 20. State in what respect and in what amount it is claimed the plaintiff sustained damages because of the alleged loss of service of his/her spouse. 21. State whether plaintiff(s) has/have applied for or is receiving Medicare or Medicaid benefits in connection with any accident or illness (whether the accident or illness is the subject of this litigation). 22. State whether plaintiff(s) has/have applied for or is receiving SSI or SSDI benefits in connection with any accident or illness (whether the accident or illness is the subject of this litigation). 23. State whether any application for Medicare, Medicaid, SSI and/or SSDI has been denied. 24. State whether plaintiff(s) has/have appealed or intends to appeal any denial from Medicare, Medicaid, SSI and/or SSDI benefits. PLEASE TAKE FURTHER NOTICE, that upon the failure of plaintiff(s) to comply with this Demand within the time specified, defendant(s) will move for an Order of Preclusion and demand costs on such motion. Dated: Staten Island, New York November 30, 2021 Yours, etc., AMABILE & ERMAN, P.C. PAUL M. DeCARLO Attorneys for Defendant GARY SPIERER, M.D. 1000 South Avenue Staten Island, NY 10314-3407 (718) 370-7030 pdecarlo@amabile-erman.com 6 of 7 FILED: RICHMOND COUNTY CLERK 11/30/2021 03:18 PM INDEX NO. 152018/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/30/2021 To: SULLIVAN PAPAIN BLOCK McGRATH COFFINAS & CANNAVO P.C. 120 27 th Floor Broadway New York, NY 10271 Attorneys for Plaintiffs eshifren@triallawl. com 7 of 7