Preview
Filing# 152495142 E-Filed 06/30/2022 11:02:11 AM
11N 1 ilil LU UIU Ur 1 1111 lil J U UlllAL Lltil.Ull
Lltili Ull 1 /
IN AND FOR BROWARD COUNTY, FLORIDA
ADRIANA HINCAPIE and NICOLAS HINCAPIE, CIVIL DIVISION
Plaintiffs, CASE NO.: CACE-21-016648
V
JOSEPH BERNARD WEZKIEWICZ,
Defendant.
1
PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUEST FOR
COMPULSORY MEDICAL EXAMINATION
The Plaintiff,ADRIANA HINCAPIE, by and through the undersigned counsel, and in
accordance with Fla. R. Civ. P. responds to the Defendant's Request for Compulsory
1.360(1)(a),
Medical Examination dated June 27,2022, and as grounds therefore states as follows:
1. Plaintiff does not objectto the defense compulsory medical examination ( CME")
provided that it remains limited in scope to the conditions in controversy. If at any point the
examination exceeds that scope, Plaintiffwill terminate the examination. See Gottlieb v. Samiian,
999 So.2d 678, 681 (Fla.1st DCA 2008).
2. Defense counsel is responsiblefor furnishingto the defense CME physician all
copies of Plaintiffs diagnostictestingand other medical information necessary for the defense
CME physicianto conduct an examination. Plaintiff will not produce any documents or films of
any kind at the examination.
3 Plaintiffs attorney, spouse, or other representativeand/or court reporter and/or
videographer may attend the exam. Defense counsel shall be prohibited from attending
examination. Lunceford v. Florida Cent. R. Co., Inc.,728 So.2d 1239, 1240 (Fla.5th DCA 1999).
4. Plaintiff or Plaintiff's Counsel will not be requiredto pay any additional fee(s)for
exercisingtheir legalrightsto have any representative
of their choosing present at the CME.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/30/2022 11:02:11 AM.****
CACE-21-016648
5. Plaintiffwill not be or intake forms
requiredto complete any written questionnaires
at or before the scheduled CME. Plaintiff will not write anything or sign anything at the
out name, address, and date of birth.
examination other than filling
6. Plaintiff will not submit to testingother than physicalexamination and x-rays of
the conditions in controversy in accordance with Schagrinv. Nacht, 683 So.2d 1173 (Fla.4th DCA
1996). Plaintiff is entitled to know the extent of such examination, includingany tests the defense
CME physicianintends to perform,in order to seek protectionofthe Court in providingreasonable
measures to assure such tests would not cause injury.
7. Pursuant to Fla. R. Civ. P. 1.360(b)(1),
the defense CME physicianshall be required
to prepare a detailed written report forth
setting all of the physician'sfindings,
includingall tests
made, diagnosis and conclusions. Such report shall be provided to Plaintiff's counsel not more
than 20 days after the CME o f the Plaintiff.
8. Any protectedhealth information generated or obtained by the defense CME
physicianshall be kept in accordance with the HIPAA requirements and shall not be disseminated
by either the defense CME physicianor Defendant's counsel to any other person or entitynot a
party to this case.
9- Pursuant to Suarez-Burgos v. Morhaim, 745 So.2d 368 (Fla.4th DCA 1999),
Plaintiff will relyupon the report of the defense CME physician.Should the physicianchange,
alter or amend the opinions set forth in his/her medical report priorto a discovery cut-offto be set
in the order, the defense
pre-trial CME physician shall prepare a supplemental report and the
Plaintiff shall immediately be provided a copy of the report.
2
CACE-21-016648
10. The examination is to be limited to the specificmedical conditions in controversy
and unless modified by another court order,such examination will be the only examination for the
medical conditions in controversy.
11. The defense CME physician shall not ask and the Plaintiff will not respond to
questioningpertainingto when the Plaintiff hired an attorney, who referred the Plaintiff to any
doctor, how the Plaintiff found any of his/her doctors or any other questioning that could
o f the
compromise any legalprivilege Plaintiff.
12. The defense CME physicianshall not ask the Plaintiffquestions
regardingissues ofliability
of any other party, whether named as a
of the Defendant, or regarding the potentialliability
defendant in this lawsuit or not.
13. The defense CME physicianshall not refer to this examination as an "independentmedical
examination", or any other such reference that would imply or connote such examination as being
Court authorized or Court sanctioned, or that the examining physicianis "independent,""court
authorized," "court sanctioned," or otherwise approved by the Court, but shall clearlyidentifyto
and in his/her report, that he/she has been hired
the Plaintiff, by Defendant and/or his/her counsel
to examine the Plaintiff in defense of the claims made in the above styledcase.
14. The Defendant is responsiblefor notifyingdefense CME physicianof the foregoing
parameters priorto the commencement o f the examination.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically
submitted on this 30th day of June, 2022 to Sheri L. Critelli,
Esq.,Nicholas J. Ryan & Associates,
110 SE 6th Street, Suite 2100, Fort Lauderdale, FL 33301; flor.law-
shericritelli.2980 19@statefarm.com..
3
CACE-21-016648
RUBENSTEIN LAW, P.A.
Attorneys for Plaintiffs
9130 S Dadeland Blvd
Miami, Florida 33156
Tel: (305) 661-6000
Fax: (305) 670-7555
Email: mfagrait@rubensteinlaw.corn
lbanciella@rubensteinlaw.com
com
eservice(*rubensteinlaw.
By-. /sl Miriam Fresco Agrait
MIRIAM FRESCO AGRAIT
Florida Bar No.: 91428
4
Preview
Filing# 152495142 E-Filed 06/30/2022 11:02:11 AM 11N 1 ilil LU UIU Ur 1 1111 lil J U UlllAL Lltil.Ull Lltili Ull 1 / IN AND FOR BROWARD COUNTY, FLORIDA ADRIANA HINCAPIE and NICOLAS HINCAPIE, CIVIL DIVISION Plaintiffs, CASE NO.: CACE-21-016648 V JOSEPH BERNARD WEZKIEWICZ, Defendant. 1 PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUEST FOR COMPULSORY MEDICAL EXAMINATION The Plaintiff,ADRIANA HINCAPIE, by and through the undersigned counsel, and in accordance with Fla. R. Civ. P. responds to the Defendant's Request for Compulsory 1.360(1)(a), Medical Examination dated June 27,2022, and as grounds therefore states as follows: 1. Plaintiff does not objectto the defense compulsory medical examination ( CME") provided that it remains limited in scope to the conditions in controversy. If at any point the examination exceeds that scope, Plaintiffwill terminate the examination. See Gottlieb v. Samiian, 999 So.2d 678, 681 (Fla.1st DCA 2008). 2. Defense counsel is responsiblefor furnishingto the defense CME physician all copies of Plaintiffs diagnostictestingand other medical information necessary for the defense CME physicianto conduct an examination. Plaintiff will not produce any documents or films of any kind at the examination. 3 Plaintiffs attorney, spouse, or other representativeand/or court reporter and/or videographer may attend the exam. Defense counsel shall be prohibited from attending examination. Lunceford v. Florida Cent. R. Co., Inc.,728 So.2d 1239, 1240 (Fla.5th DCA 1999). 4. Plaintiff or Plaintiff's Counsel will not be requiredto pay any additional fee(s)for exercisingtheir legalrightsto have any representative of their choosing present at the CME. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/30/2022 11:02:11 AM.**** CACE-21-016648 5. Plaintiffwill not be or intake forms requiredto complete any written questionnaires at or before the scheduled CME. Plaintiff will not write anything or sign anything at the out name, address, and date of birth. examination other than filling 6. Plaintiff will not submit to testingother than physicalexamination and x-rays of the conditions in controversy in accordance with Schagrinv. Nacht, 683 So.2d 1173 (Fla.4th DCA 1996). Plaintiff is entitled to know the extent of such examination, includingany tests the defense CME physicianintends to perform,in order to seek protectionofthe Court in providingreasonable measures to assure such tests would not cause injury. 7. Pursuant to Fla. R. Civ. P. 1.360(b)(1), the defense CME physicianshall be required to prepare a detailed written report forth setting all of the physician'sfindings, includingall tests made, diagnosis and conclusions. Such report shall be provided to Plaintiff's counsel not more than 20 days after the CME o f the Plaintiff. 8. Any protectedhealth information generated or obtained by the defense CME physicianshall be kept in accordance with the HIPAA requirements and shall not be disseminated by either the defense CME physicianor Defendant's counsel to any other person or entitynot a party to this case. 9- Pursuant to Suarez-Burgos v. Morhaim, 745 So.2d 368 (Fla.4th DCA 1999), Plaintiff will relyupon the report of the defense CME physician.Should the physicianchange, alter or amend the opinions set forth in his/her medical report priorto a discovery cut-offto be set in the order, the defense pre-trial CME physician shall prepare a supplemental report and the Plaintiff shall immediately be provided a copy of the report. 2 CACE-21-016648 10. The examination is to be limited to the specificmedical conditions in controversy and unless modified by another court order,such examination will be the only examination for the medical conditions in controversy. 11. The defense CME physician shall not ask and the Plaintiff will not respond to questioningpertainingto when the Plaintiff hired an attorney, who referred the Plaintiff to any doctor, how the Plaintiff found any of his/her doctors or any other questioning that could o f the compromise any legalprivilege Plaintiff. 12. The defense CME physicianshall not ask the Plaintiffquestions regardingissues ofliability of any other party, whether named as a of the Defendant, or regarding the potentialliability defendant in this lawsuit or not. 13. The defense CME physicianshall not refer to this examination as an "independentmedical examination", or any other such reference that would imply or connote such examination as being Court authorized or Court sanctioned, or that the examining physicianis "independent,""court authorized," "court sanctioned," or otherwise approved by the Court, but shall clearlyidentifyto and in his/her report, that he/she has been hired the Plaintiff, by Defendant and/or his/her counsel to examine the Plaintiff in defense of the claims made in the above styledcase. 14. The Defendant is responsiblefor notifyingdefense CME physicianof the foregoing parameters priorto the commencement o f the examination. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically submitted on this 30th day of June, 2022 to Sheri L. Critelli, Esq.,Nicholas J. Ryan & Associates, 110 SE 6th Street, Suite 2100, Fort Lauderdale, FL 33301; flor.law- shericritelli.2980 19@statefarm.com.. 3 CACE-21-016648 RUBENSTEIN LAW, P.A. Attorneys for Plaintiffs 9130 S Dadeland Blvd Miami, Florida 33156 Tel: (305) 661-6000 Fax: (305) 670-7555 Email: mfagrait@rubensteinlaw.corn lbanciella@rubensteinlaw.com com eservice(*rubensteinlaw. By-. /sl Miriam Fresco Agrait MIRIAM FRESCO AGRAIT Florida Bar No.: 91428 4