Preview
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022
EXHIBIT C
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------_________________------------------------X
DINO BONAVITA,
DEMAND FOR A VERIFIED
Plaintiff, BILL OF PARTICULARS
-against- Index No.: 611506/2018
SYED MUJAHD SAYEED, M.D., PRECISION
SURGERY OF NEW YORK, P.C., NORTH
SHORE UNIVERSITY HOSPITAL, and
NORTHWELL HEALTH,
Defendants.
-------------------------------------------------------------x
C O U N S E L O R S:
PLEASE TAKE NOTICE that, pursuant to Rule 3042(a) of the Civil Practice Law and
Rules, you are hereby required to serve upon the undersigned attorneys for the defendant,
PRECISION SURGERY OF NEW YORK, P.C., within thirty (30) days after the service of a
copy of this demand, a verified bill of particulars setting forth in detail the following:
1. The dates and times of the day of the alleged negligent acts and/or omissions which
will be alleged against the defendant herein,
2. The location of the alleged negligent acts and/or omissions charged against the
defendant herein.
3. A -statement of each and every act of negligence, commission or omission which
you will claim as the basis of the alleged malpractice of the defendant herein.
4. Stãte the names of each and every person who performed such acts or failed to act;
if the names are:not Imown, describe the physical appearance with sufficient clarity for ready
identification and state the occupation of each such person,
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022
5. State whether or not any claim is made as to improper or defective equipment and
ifso identify the equipment and state the defective conditions.
6. Give a statement of the accepted medical practices, customs and medical standards
which it isclaimed were violated/departed from by the answering defendant.
7. If it is claimed that the defendant ignored signs, symptoms, made an erroneous
diagnosis, afforded improper treatment, administered improper and/or contraindicated drugs in an
incorrect dosage, failed to take or administer tests or improperly took and administered tests, state:
(a) the complaints, signs, symptoms that the defendant ignored;
(b) in what respect the diagnosis was erroneous and incorrect, what the claimed
correct diagnosis is,the point in time that the plaintiff claims the defendant
should have made the correct diagnosis;
(c) the improper treatment that was afforded and in what manner the said
treatment was improperly performed;
(d) the name of each and every contraindicated drug;
(e) the name of each proper drug allegedly administered incorrectly;
(f) the name of each and every test the defendant failed to take or administer;
and,
(g) the name of each and every test the defendant improperly took or
administered and the manner in which each said test was improperly taken
or administered.
8. If itis claimed that the defendant improperly performed a physical examination or
performed a contraindicated procedure and/or unnecessary procedure, state:
(a) in what manner the physical examination was improperly performed;
(b) the name of the surgical procedure and the date performed; and,
(c) in what manner the surgical procedures were improperly performed.
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022
9. State the injuries which it is alleged were sustained as a result of the alleged
negligence and/or medical malpractice of the defendant.
9a. State which of the injuries listed above are claimed to be permanent.
10. If itwill be claimed that the alleged injuries required hospitalization, state the name
of each and every hospital with dates of confinement or outpatient treatment.
11. If itwill be claimed that the alleged injuries required confinement to bed or home,
state the period plaintiff was confined to bed, and period plaintiff was confined to home.
12. State separately the total amounts claimed by the plaintiff as special damages for
each of the following:
physicians'
(a) services (with the names and addresses of treating physicians);
nurses'
(b) services (including names and address of private duty nurse or
agency);
(c) medicine (with name and address of pharmacy); and,
(d) hospital expenses (with the names and addresses of all hospitals).
13. Ifloss of earnings will be claimed to have resulted from the alleged malpractice,
set forth:
(a) the amount of lost earnings claimed;
(b) the plaintiffs gross earnings for the last calendar year prior to the alleged
negligence;
(c) the plaintiffs gross earnings for any calendar year during which it will be
claimed plaintiff was incapacitated from work;
(d) other income the plaintiff was receiving;
(e) name and address of employer(s) at the time plaintiff was incapacitated;
(f) name of present employer and occupation, if different from 13(e).
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022
14. If itwill be claimed that plaintiff lost profits from a business or enterprise as a result
defendant'
of the negligence, state the following:
(a) name of business and address;
(b) state plaintiff's ownership capacity and interest in business;
(c) state amount of profits and/or revenues plaintiff claims were lost as a result
of defendant's negligence; and,
(d) state amount of net profit recorded by business in the two years prior to the
alleged negligence.
15. If it is anticipated that further loss of earnings will be incurred in the future as a
result of the alleged malpractice, set forth:
(a) anticipated future lost earnings; and,
(b) the period of time it is anticipated that future loss of earnings will be
incurred.
16. State whether or not the plaintiff has been reimbursed for physician and/or hospital
expenses.
(a) If the answer is in the affirmative, state for which such claims the plaintiff
has been reimbursed, the amount of reimbursement received for each
element of special damages 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 paid.
17. If further medical expenses are anticipated as a result of the alleged malpractice,
set forth the expenses and the anticipated period of time the expenses will be incurred for the
following:
physicians'
(a) expenses;
(b) hospital expenses;
(c) expenses for medicine;
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022
(d) nursing expenses; and,
(e) other (specify).
18. State the date of birth and present address of the plaintiff.
19. Set forth the Social Security number of the plaintiff.
20. Set forth by chapter, article, section and paragraph each statute, ordinance, rule or
regulation, if any, which it isclaimed the answering defendant violated.
21. State:
(a) what procedures or treatment were provided without informed consent;
(b) what risks were disclosed relative to the procedures or treatment stated in
response to 24(a) above;
(c) what alternatives to treatment were discussed;
(d) whether a written consent was signed for the procedures, or treatment stated
in response to 24(a) above;
(e) the names of all persons who witnessed or were present when consent(s)
was signed;
(f) whether oral consent was given for the procedure or treatment stated in
response to 24(a) above.
Dated: Roslyn, New York
September 28, 2018
Yours, etc.,
LAW OFFICES OF
BENVENUTO & SLATTERY
Attorneys for Defendant
PRECISION SURGERY OF NEW
YORK, P.C.
1800 Northern Boulevard
Roslyn, New York 11576
(516) 775-2236
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022
TO: CAITLIN ROBIN & ASSOCIATES, PLLC
Attorneys for Plaintiff
30 Broad Street, Suite 702
New York, New York 10004
(646) 524-6026
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-----------------------------------------------------------x
DINO BONAVITA,
DEMAND FOR A VERIFIED
Plaintiff, BILL OF PARTICU;ARS
-against- Index No.: 611506/2018
SYED MUJAHID SAYEED, M.D., PRECISION
SURGERY OF NEW YORK, P.C., NORTH
SHORE UNIVERSITY HOSPITAL, and
NORTHWELL HEALTH,
Defendants.
---------------------------------------------------------x
C O U N S E L O R S:
PLEASE TAKE NOTICE that, pursuant to Rule 3042(a) of the Civil Practice Law and
Rules, you are hereby required to serve upon the undersigned attorneys for the defendant, SYED
MUJAHID SAYEED, M.D., within thirty (30) days after the service of a copy of this demand, a
verified bill of particulars setting forth in detail the following:
1. The dates and times of the day of the alleged negligent acts and/or omissions which
will be alleged against the defendant herein.
2. The location of the alleged negligent acts and/or omissions charged against the
defendant herein.
3. A statement of each and every act of negligence, commission or omission which
you will claim as the basis of the alleged malpractice of the defendant herein.
4, State the names of each and every person who performed such acts or failed to act;
if the names are not known, describe the physical appearance with sufficient clarity for ready
identification and state the occupation of each such person.
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022
5. State whether or not any claim is made as to improper or defective equipment and
if so identify the equipment and state the defective conditions.
6. Give a statement of the accepted medical practices, customs and medical standards
which itis claimed were violated/departed from by the answering defendant.
7. If it is claimed that the defendant ignored signs, symptoms, made an erroneous
diagnosis, afforded improper treatment, administered improper and/or contraindicated dmgs in an
incorrect dosage, failed to take or administer tests or improperly took and administered tests, state:
(a) the complaints, signs, symptoms that the defendant ignored;
(b) in what respect the diagnosis was erroneous and incorrect, what the claimed
correct diagnosis is,the point in time that the plaintiff claims the defendant
should have made the correct diagnosis;
(c) the improper treatment that was afforded and in what manner the said
treatment was improperly performed;
(d) the name of each and every contraindicated drag;
(e) the name of each proper drug allegedly administered incorrectly;
(f) the name of each and every test the defendant failed to take or administer;
and,
the name of each and every test the defendant improperly took or
(g)
administered and the manner in which each said test was improperly taken
or administered.
8, Ifitis claimed that the defendant improperly performed a physical examination or
performed a contraindicated procedure and/or unnecessary procedure, state:
(a) in what manner the physical examination was improperly performed;
the name of the surgical procedure and the date performed; and,
(b)
(c) in what manner the surgical procedures were improperly performed.
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022
9. State the injuries which it is alleged were sustained as a result of the alleged
negligence and/or medical malpractice of the defendant.
9a. State which of the injuries listed above are claimed to be permanent.
10. If itwill be claimed that the alleged injuries required hospitalization, state the name
of each and every hospital with dates of confinement or outpatient treatment.
11. If itwill be claimed that the alleged injuries required confinement to bed or home,
state the period plaintiff was confined to bed, and period plaintiff was confined to home.
12. State separately the total amounts claimed by the plaintiff as special damages for
each of the following:
physicians'
(a) services (with the names and addresses of treating physicians);
nurses'
(b) services (including names and address of private duty nurse or
agency);
(c) medicine (with name and address of pharmacy); and,
(d) hospital expenses (with the names and addresses of all hospitals).
13. If loss of eamings will be claimed to have resulted from the alleged malpractice,
set forth:
(a) the amount of lost earnings claimed;
(b) the plaintiffs gross earnings for the last calendar year prior to the alleged
negligence;
( ) the plaintiffs gross earnings for any calendar year during which it will be
claimed plaintiff was incapacitated from work;
(d other income the plaintiff was receiving;
(e) name and address of employer(s) at the time plaintiff was incapacitated;
(f) name of present employer and occupation, if different from 13(e).
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022
14. If itwill be claimed that plaintiff lost profits from a business or enterprise as a result
of the defendant negligence, state the following:
(a) name of business and address;
(b) state plaintiff's ownership capacity and interest in business;
(c) state amount of profits and/or revenues plaintiff claims were lost as a result
of defendant's negligence; and,
(d) state amount of net profit recorded by business in the two years prior to the
alleged negligence.
15. If it is anticipated that further loss of earnings will be incurred in the future as a
result of the alleged malpractice, set forth:
(a) anticipated future lost earnings; and,
(b) the period of time it is anticipated that future loss of earnings will be
incurred.
16. State whether or not the plaintiff has been reimbursed for physician and/or hospital
expenses.
(a) Ifthe answer is in the affirmative, state for which such claims the plaintiff
has been reimbursed, the amount of reimbursement received for each
element of special damages 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 paid.
17. If further medical expenses are anticipated as a result of the alleged malpractice,
set forth the expenses and the anticipated period of time the expenses will be incurred for the
following:
physicians'
(a) expenses;
(b) hospital expenses;
(c) expenses for medicine;
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022
(d) nursing expenses; and,
(e) other (specify).
18. State the date of birth and present address of the plaintiff.
19. Set forth the Social Security number of the plaintiff.
20. Set forth by chapter, article, section and paragraph each statute, ordinance, rule or
regulation, if any, which itis claimed the answering defendant violated.
21. State:
(a) what procedures or treatment were provided without informed consent;
(b) what risks were disclosed relative to the procedures or treatment stated in
response to 24(a) above;
(c) what alternatives to treatment were discussed;
(d) whether a written consent was signed for the procedures, or treatment stated
in response to 24(a) above;
(e) the names of allpersons who witnessed or were present when consent(s)
was signed;
(f) whether oral consent was given for the procedure or treatment stated in
response to 24(a) above.
Dated: Roslyn,New York
September 28, 2018
Yours, etc.,
LAW OFFICES OF
BENVENUTO & SLATTERY
Attorneys for Defendant
SYED MUJAHID SAYEED, M.D.
1800 Northern Boulevard
Roslyn, New York 11576
(516) 775-2236
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022
TO: CAITLIN ROBIN & ASSOCIATES, PLLC
Attorneys for Plaintiff
30 Broad Street, Suite 702
New York, New York 10004
(646) 524-6026
Preview
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022 EXHIBIT C FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------_________________------------------------X DINO BONAVITA, DEMAND FOR A VERIFIED Plaintiff, BILL OF PARTICULARS -against- Index No.: 611506/2018 SYED MUJAHD SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH, Defendants. -------------------------------------------------------------x C O U N S E L O R S: PLEASE TAKE NOTICE that, pursuant to Rule 3042(a) of the Civil Practice Law and Rules, you are hereby required to serve upon the undersigned attorneys for the defendant, PRECISION SURGERY OF NEW YORK, P.C., within thirty (30) days after the service of a copy of this demand, a verified bill of particulars setting forth in detail the following: 1. The dates and times of the day of the alleged negligent acts and/or omissions which will be alleged against the defendant herein, 2. The location of the alleged negligent acts and/or omissions charged against the defendant herein. 3. A -statement of each and every act of negligence, commission or omission which you will claim as the basis of the alleged malpractice of the defendant herein. 4. Stãte the names of each and every person who performed such acts or failed to act; if the names are:not Imown, describe the physical appearance with sufficient clarity for ready identification and state the occupation of each such person, FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022 5. State whether or not any claim is made as to improper or defective equipment and ifso identify the equipment and state the defective conditions. 6. Give a statement of the accepted medical practices, customs and medical standards which it isclaimed were violated/departed from by the answering defendant. 7. If it is claimed that the defendant ignored signs, symptoms, made an erroneous diagnosis, afforded improper treatment, administered improper and/or contraindicated drugs in an incorrect dosage, failed to take or administer tests or improperly took and administered tests, state: (a) the complaints, signs, symptoms that the defendant ignored; (b) in what respect the diagnosis was erroneous and incorrect, what the claimed correct diagnosis is,the point in time that the plaintiff claims the defendant should have made the correct diagnosis; (c) the improper treatment that was afforded and in what manner the said treatment was improperly performed; (d) the name of each and every contraindicated drug; (e) the name of each proper drug allegedly administered incorrectly; (f) the name of each and every test the defendant failed to take or administer; and, (g) the name of each and every test the defendant improperly took or administered and the manner in which each said test was improperly taken or administered. 8. If itis claimed that the defendant improperly performed a physical examination or performed a contraindicated procedure and/or unnecessary procedure, state: (a) in what manner the physical examination was improperly performed; (b) the name of the surgical procedure and the date performed; and, (c) in what manner the surgical procedures were improperly performed. FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022 9. State the injuries which it is alleged were sustained as a result of the alleged negligence and/or medical malpractice of the defendant. 9a. State which of the injuries listed above are claimed to be permanent. 10. If itwill be claimed that the alleged injuries required hospitalization, state the name of each and every hospital with dates of confinement or outpatient treatment. 11. If itwill be claimed that the alleged injuries required confinement to bed or home, state the period plaintiff was confined to bed, and period plaintiff was confined to home. 12. State separately the total amounts claimed by the plaintiff as special damages for each of the following: physicians' (a) services (with the names and addresses of treating physicians); nurses' (b) services (including names and address of private duty nurse or agency); (c) medicine (with name and address of pharmacy); and, (d) hospital expenses (with the names and addresses of all hospitals). 13. Ifloss of earnings will be claimed to have resulted from the alleged malpractice, set forth: (a) the amount of lost earnings claimed; (b) the plaintiffs gross earnings for the last calendar year prior to the alleged negligence; (c) the plaintiffs gross earnings for any calendar year during which it will be claimed plaintiff was incapacitated from work; (d) other income the plaintiff was receiving; (e) name and address of employer(s) at the time plaintiff was incapacitated; (f) name of present employer and occupation, if different from 13(e). FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022 14. If itwill be claimed that plaintiff lost profits from a business or enterprise as a result defendant' of the negligence, state the following: (a) name of business and address; (b) state plaintiff's ownership capacity and interest in business; (c) state amount of profits and/or revenues plaintiff claims were lost as a result of defendant's negligence; and, (d) state amount of net profit recorded by business in the two years prior to the alleged negligence. 15. If it is anticipated that further loss of earnings will be incurred in the future as a result of the alleged malpractice, set forth: (a) anticipated future lost earnings; and, (b) the period of time it is anticipated that future loss of earnings will be incurred. 16. State whether or not the plaintiff has been reimbursed for physician and/or hospital expenses. (a) If the answer is in the affirmative, state for which such claims the plaintiff has been reimbursed, the amount of reimbursement received for each element of special damages 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 paid. 17. If further medical expenses are anticipated as a result of the alleged malpractice, set forth the expenses and the anticipated period of time the expenses will be incurred for the following: physicians' (a) expenses; (b) hospital expenses; (c) expenses for medicine; FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022 (d) nursing expenses; and, (e) other (specify). 18. State the date of birth and present address of the plaintiff. 19. Set forth the Social Security number of the plaintiff. 20. Set forth by chapter, article, section and paragraph each statute, ordinance, rule or regulation, if any, which it isclaimed the answering defendant violated. 21. State: (a) what procedures or treatment were provided without informed consent; (b) what risks were disclosed relative to the procedures or treatment stated in response to 24(a) above; (c) what alternatives to treatment were discussed; (d) whether a written consent was signed for the procedures, or treatment stated in response to 24(a) above; (e) the names of all persons who witnessed or were present when consent(s) was signed; (f) whether oral consent was given for the procedure or treatment stated in response to 24(a) above. Dated: Roslyn, New York September 28, 2018 Yours, etc., LAW OFFICES OF BENVENUTO & SLATTERY Attorneys for Defendant PRECISION SURGERY OF NEW YORK, P.C. 1800 Northern Boulevard Roslyn, New York 11576 (516) 775-2236 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022 TO: CAITLIN ROBIN & ASSOCIATES, PLLC Attorneys for Plaintiff 30 Broad Street, Suite 702 New York, New York 10004 (646) 524-6026 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------------------------------------------------------x DINO BONAVITA, DEMAND FOR A VERIFIED Plaintiff, BILL OF PARTICU;ARS -against- Index No.: 611506/2018 SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH, Defendants. ---------------------------------------------------------x C O U N S E L O R S: PLEASE TAKE NOTICE that, pursuant to Rule 3042(a) of the Civil Practice Law and Rules, you are hereby required to serve upon the undersigned attorneys for the defendant, SYED MUJAHID SAYEED, M.D., within thirty (30) days after the service of a copy of this demand, a verified bill of particulars setting forth in detail the following: 1. The dates and times of the day of the alleged negligent acts and/or omissions which will be alleged against the defendant herein. 2. The location of the alleged negligent acts and/or omissions charged against the defendant herein. 3. A statement of each and every act of negligence, commission or omission which you will claim as the basis of the alleged malpractice of the defendant herein. 4, State the names of each and every person who performed such acts or failed to act; if the names are not known, describe the physical appearance with sufficient clarity for ready identification and state the occupation of each such person. FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022 5. State whether or not any claim is made as to improper or defective equipment and if so identify the equipment and state the defective conditions. 6. Give a statement of the accepted medical practices, customs and medical standards which itis claimed were violated/departed from by the answering defendant. 7. If it is claimed that the defendant ignored signs, symptoms, made an erroneous diagnosis, afforded improper treatment, administered improper and/or contraindicated dmgs in an incorrect dosage, failed to take or administer tests or improperly took and administered tests, state: (a) the complaints, signs, symptoms that the defendant ignored; (b) in what respect the diagnosis was erroneous and incorrect, what the claimed correct diagnosis is,the point in time that the plaintiff claims the defendant should have made the correct diagnosis; (c) the improper treatment that was afforded and in what manner the said treatment was improperly performed; (d) the name of each and every contraindicated drag; (e) the name of each proper drug allegedly administered incorrectly; (f) the name of each and every test the defendant failed to take or administer; and, the name of each and every test the defendant improperly took or (g) administered and the manner in which each said test was improperly taken or administered. 8, Ifitis claimed that the defendant improperly performed a physical examination or performed a contraindicated procedure and/or unnecessary procedure, state: (a) in what manner the physical examination was improperly performed; the name of the surgical procedure and the date performed; and, (b) (c) in what manner the surgical procedures were improperly performed. FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022 9. State the injuries which it is alleged were sustained as a result of the alleged negligence and/or medical malpractice of the defendant. 9a. State which of the injuries listed above are claimed to be permanent. 10. If itwill be claimed that the alleged injuries required hospitalization, state the name of each and every hospital with dates of confinement or outpatient treatment. 11. If itwill be claimed that the alleged injuries required confinement to bed or home, state the period plaintiff was confined to bed, and period plaintiff was confined to home. 12. State separately the total amounts claimed by the plaintiff as special damages for each of the following: physicians' (a) services (with the names and addresses of treating physicians); nurses' (b) services (including names and address of private duty nurse or agency); (c) medicine (with name and address of pharmacy); and, (d) hospital expenses (with the names and addresses of all hospitals). 13. If loss of eamings will be claimed to have resulted from the alleged malpractice, set forth: (a) the amount of lost earnings claimed; (b) the plaintiffs gross earnings for the last calendar year prior to the alleged negligence; ( ) the plaintiffs gross earnings for any calendar year during which it will be claimed plaintiff was incapacitated from work; (d other income the plaintiff was receiving; (e) name and address of employer(s) at the time plaintiff was incapacitated; (f) name of present employer and occupation, if different from 13(e). FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022 14. If itwill be claimed that plaintiff lost profits from a business or enterprise as a result of the defendant negligence, state the following: (a) name of business and address; (b) state plaintiff's ownership capacity and interest in business; (c) state amount of profits and/or revenues plaintiff claims were lost as a result of defendant's negligence; and, (d) state amount of net profit recorded by business in the two years prior to the alleged negligence. 15. If it is anticipated that further loss of earnings will be incurred in the future as a result of the alleged malpractice, set forth: (a) anticipated future lost earnings; and, (b) the period of time it is anticipated that future loss of earnings will be incurred. 16. State whether or not the plaintiff has been reimbursed for physician and/or hospital expenses. (a) Ifthe answer is in the affirmative, state for which such claims the plaintiff has been reimbursed, the amount of reimbursement received for each element of special damages 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 paid. 17. If further medical expenses are anticipated as a result of the alleged malpractice, set forth the expenses and the anticipated period of time the expenses will be incurred for the following: physicians' (a) expenses; (b) hospital expenses; (c) expenses for medicine; FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022 (d) nursing expenses; and, (e) other (specify). 18. State the date of birth and present address of the plaintiff. 19. Set forth the Social Security number of the plaintiff. 20. Set forth by chapter, article, section and paragraph each statute, ordinance, rule or regulation, if any, which itis claimed the answering defendant violated. 21. State: (a) what procedures or treatment were provided without informed consent; (b) what risks were disclosed relative to the procedures or treatment stated in response to 24(a) above; (c) what alternatives to treatment were discussed; (d) whether a written consent was signed for the procedures, or treatment stated in response to 24(a) above; (e) the names of allpersons who witnessed or were present when consent(s) was signed; (f) whether oral consent was given for the procedure or treatment stated in response to 24(a) above. Dated: Roslyn,New York September 28, 2018 Yours, etc., LAW OFFICES OF BENVENUTO & SLATTERY Attorneys for Defendant SYED MUJAHID SAYEED, M.D. 1800 Northern Boulevard Roslyn, New York 11576 (516) 775-2236 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/29/2022 TO: CAITLIN ROBIN & ASSOCIATES, PLLC Attorneys for Plaintiff 30 Broad Street, Suite 702 New York, New York 10004 (646) 524-6026