Preview
FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/26/2022
EXH B T 6
FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/26/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
___________________________________________________________________________Ç
ORELL GAYNOR, SUPPLEMENTAL
VERIFIED BILL OF
Plaintiff, PARTICULARS
-against-
Index # 303755/2016
NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION, THE CITY OF NEW YORK,
L1NCOLN MEDICAL AND MENTAL HEALTH
CENTER, EDUARDO J. RODRIGUEZ PEREZ, M.D.,
ANDALEEB RAJA, M.D., PRONOY ROY, M.D.,
NEW YORK CITY HOSPITAL POLICE DEPARTMENT,
NEW YORK CITY POLICE DEPARTMENT and
PHYSICIAN AFFILIATE GROUP OF NEW YORK,
Defendants.
___________________________________________________________________________Ç
Plaintiff, by his attorneys, Peña & Kahn, PLLC, as and for his Supplemental Verified Bill
of Particulars herein, pursuant to the Demand of the Defendants, all upon information and belief,
respectfully states as follows:
20. In response to your demand seeking the permanent injuries sustained by plaintiff(s), the
plaintiff(s) sustained the following personal injuries, all of which, upon information and
belief, are of a lasting and permanent nature:
LEFT KNEE:
" Grade IV chondromalacia;
" Extensive complex flap tear including a radial root tear involving the entire posterior
horn and body of the medial meniscus;
" Free edge tear of the lateral meniscus;
" Operation performed by Donald J. Rose, M.D., at NYU Langone Medical Center,
on June 6, 2017, consisting of the following:
> Operative arthroscopy left knee with:
> Medial and lateral meniscectomies;
> Tricompartmental synovectomy; and
> Open excision of subfascial osseous mass, left knee.
" Extensive hypertrophic synovitis to all 3 compartments;
" Scarring;
" Arthritic changes;
" Increased risk for future knee surgery;
" for induction of anesthesia;
Necessity
" for rehabilitation;
Necessity
FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/26/2022
" for physical therapy;
Necessity
" for immobilization;
Necessity
" Increased risk of the for a total knee replacement;
necessity
" Damage and loss of meniscal tissue; and
" Pain and suffering.
Plaintiff has difficulty performing activities of daily living. All with pain, tenderness,
stiffness, soreness, spasm, swelling, weakness, limitation of motion, restriction of use,
impairment of function, exacerbation of pain on motion, with damage to the underlying
muscles, tendons, ligaments, fascia, blood vessels, capillaries and nerves in and about all
of the above injury sites, with resultant disfigurement, deformity and disability.
The aforementioned injuries resulted in shock to the body and nervous system, produced
functional and organic disturbances, sympathetic and radiating to and about the adjacent
and surrounding areas, as well as tissue damages. The injuries, manifestations and sequelae
are permanent, chronic and progressive in nature and that as a result thereof, plaintiff will
have permanent pain, tenderness, stiffness, soreness, irritation, discomfort, limitation of
motion, limitation and loss of function, power and use and, additionally, with advancing
years there will be naturally and medically related complications and exacerbations.
Mental and emotional overlay as a result of the trauma and the aforesaid injuries,
accompanied by anxiety, irritability, depression, aggravation and associate and
concomitant impairment and negative effects on plaintiff's pre-incident enjoyment of life,
day to day existence, activities, function and involvements. As a result, plaintiff's quality
of life has been severely compromised. All injuries are claimed to be permanent.
Dated: Bronx, New York
October 9, 2017
Yours, etc.
PEÑA & KAHN, PLLC
Attorneys for Plaintiff
1250 Waters Place, Suite 901
Bronx, New Y 461
585- 1
(718)
Our Fi 0.: 06307
.
EAN LE ON, Q.
FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/26/2022
TO:
SALVATORE J. RUSSO,
General Counsel
Attorney(s) for Defendant(s)
NEW YORK CITY HEALTH AND
HOSPITALS CORPORATION,
LINCOLN MEDICAL AND MENTAL
HEALTH CENTER, NEW YORK CITY
HOPSITAL POLICE DEPARTMENT,
EDUARDO J. RODRIGUEZ PEREZ, M.D,,
PRONOY KUMAR ROY, M.D., ANDALEEB
RAJA, M.D. and PHYSICIAN AFFILIATE
GROUP OF NEW YORK
Office of Legal Affairs-Claim and Litigation
26th
55 Water Street, PlOOr
New York, New York 10041
(212) 323-2258
ZACHARY W. CARTER
Corporation Counsel
Attorney(s) for Defendant(s)
THE CITY OF NEW YORK and
NEW YORK CITY POLICE
DEPARTMENT
100 Church Street
New York, New York 10007
(718) 503-5030
FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/26/2022
VERIFICATION
STATE OF NEW YORK }
} ss:
COUNTY OF BRONX }
I, the undersigned, an attorney duly admitted to practice law in the State of New York, state
that I am a member of the firm PEÑA & KAHN, PLLC, attorneys of record for the plaintiff in the
within action; I have read the foregoing:
SUPPLEMENTAL BILL OF PARTICULARS
and know the contents thereof; the same is true to my own knowledge except as to those matters
therein stated to be alleged upon information and belief, and as to those matters, I believe to be
true. The reason this verification is made by me and not by the plaintiff is that deponent maintains
offices outside the County in which plaintiff is in.
The grounds of my belief as to all matters not stated upon my knowledge, are as follows:
entire file maintained in your deponent's offices, investigations, etc.
I affirm that the foregoing statements are true, under the penalties of perjury.
Dated: Bronx, New York
October 9, 2017
SE LEBSO ,
FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/26/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
___________________________________________Ç
ORELL GAYNOR, SECOND
SUPPLEMENTAL
Plaintiff, VERIFIED BILL OF
-against- PARTICULARS
NEW YORK CITY HEALTH AND HOSPITALS Index # 303755/2016
CORPORATION, THE CITY OF NEW YORK,
LINCOLN MEDICAL AND MENTAL HEALTH
CENTER, EDUARDO J. RODRIGUEZ PEREZ, M.D.,
ANDALEEB RAJA, M.D., PRONOY ROY, M.D.,
NEW YORK CITY HOSPITAL POLICE DEPARTMENT,
NEW YORK CITY POLICE DEPARTMENT and
PHYSICIAN AFFILIATE GROUP OF NEW YORK,
Defendants.
_________________________________________Ç
Plaintiff, by his attorneys, Peña & Kahn, PLLC, as and for his Second Supplemental
Verified Bill of Particulars herein, pursuant to the Demand of the Defendants, all upon information
and belief, respectfully states as follows:
1. In response to your demand seeking a statement of each and every act or omission which
you will claim as the basis of the alleged malpractice of the answering defendant(s) herein,
the defendants, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION,
LINCOLN MEDICAL AND MENTAL HEALTH CENTER and EDUARDO J.
RODRIGUEZ PEREZ, M.D., their agents, servants and/or employees were negligent,
careless and reckless in the ownership, operation, maintenance, supervision care and
control of the aforesaid facility in that there was inadequate and improper supervision; in
failing to properly monitor and supervise the patients; in having a prior history of treating
the patient assailant; in failing to warn the medical staff in the B area to the patient
assailants history; in failing to insure the patient assailant remained restrained; in failing to
have the patient assailant restrained once the patient removed his restraints; in failing to
have the patient assailant properly medicated for his behavior to safeguard the patient and
staff; in failing to reapply patients the patient's restraints; in failing to appreciate the
presenting history of the patient upon admission to the B area; in failing to notify hospital
police that the patient had become free of his restraints; in under-medicating the patient for
his behavior; in failing to order additional psychological medication to the patient assailant
in a timely fashion; in failing to appreciate the history of prior Best Team interactions with
the patient assailant in the emergency room; in failing to alert hospital police once the
patient assailant had become free of his restraints; in not supervising the patients; in failing
to hire a sufficient and competent staff; in failing to provide proper instruction to patients;
in failing to properly supervise patients including patient "Little", who was known to have
violent and dangerous propensities and had engaged in prior assaults thereat; failed to
FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/26/2022
provide protection and security to hospital staff members; failed to prevent an incident
assailants'
from escalating to a point of violence and danger; had notice of the violent
propensities and failed to take appropriate remedial action, permitted the claimant to be
placed in a dangerous situation; in causing and permitting the plaintiff to be attacked,
menaced, intimidated and threatened by said assailant; in failing to have a sufficient
number of employees/officers/security guards supervising the number of patients in the
hospital; in allowing and permitting a patients, whom they knew to have violent
propensities, to assault and attack the plaintiff herein; in disregarding their duty to protect
the safety and well-being of the hospital staff members; prior to the incident, the assailant
had exhibited signs of violent propensities and was acting in a violent, irrational and
confrontational manner which was readily apparent to those who were supervising or
should have been supervising him; the respondents, their agents, servants and/or employees
were negligent in allowing the assailant with known violent propensities to be placed in
the same area as the claimant without adequate supervision and/or taking appropriate
measures to prevent and/or stop the assailant from harming the claimant; the assault and
battery was committed upon the claimant without cause or justification; further, the
respondents, their agents, servants and/or employees were negligent in failing to take such
necessary steps and precautions that would have prevented the happening of the occurrence
complained of; in failing to provide proper and adequate protection to the claimant; and
further, were negligent in that prior to and at the time of the acts complained of herein, due
to the prior history of the individual involved in the assaults and batteries, knew or should
have known of the vicious propensities and bad disposition of the assailant involved; and
further, were negligent in the hiring, training and retention of its employees; and were
further negligent in failing to provide proper protection to the claimant, despite claimant's
reliance on activation of Behavior Emergency Support Team (BEST); in failing to provide
proper and adequate police protection, despite a promise to do so; in failing to follow its
security plan; in having prior knowledge that the violence perpetrated against the staff by
the patients and/or their families and friends was the most alarming and urgent issue
effecting Lincoln Hospital and failing to remedy same in a timely manner; in having prior
knowledge that every hospital employee was at risk for attack and failing to provide them
with safety and protection; in having prior knowledge that in October and November of
2015 alone five registered nurses in the Emergency Department had been viciously beaten
during their shifts, not one of the incidents were mentioned in daily huddles and failing to
remedy these vicious attacks and failing to provide protection and safety from same; in
Little"
having prior knowledge that the patient "Dawood was known as a violent psychotic
"Little"
patient; in having prior knowledge that the patient had assaulted other staff
"Little"
members in the past; in having prior knowledge that the patient was a paranoid
schizophrenic K2 user and failed to provide the plaintiff will proper protection and safety;
"Little"
and in allowing and permitting to viciously assault the plaintiff; in acting in
reckless disregard for the safety of others and the respondents, its agents, servants and/or
employees and/or contractors were otherwise reckless and careless in the premises.
2. In response to your demand seeking a statement of each and every act or omission which
you will claim as the basis of the alleged malpractice of the answering defendant(s) herein,
the defendants, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION,
LINCOLN MEDICAL AND MENTAL HEALTH CENTER, NEW YORK CITY
FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/26/2022
POLICE and ANDALEEB RAJA, M.D., their agents, servants and/or employees were
negligent, careless and reckless in the ownership, operation, maintenance, supervision care
and control of the aforesaid facility in that there was inadequate and improper supervision;
in failing to properly monitor and supervise the patients; in failing to timely get the patient
assailant medical clearance; in failing to timely have blood drawn and IV started on the
patient assailant; in failing to have the restraints reapplied to the patient assailant once he
freed himself; in failing to notify the Team Leader of the emergency room to not send more
patients to the B area once the patient assailant had freed himself from restraints; in failing
to notify the Best Team that the patient had become unrestrained; in failing to have
additional hospital police within the emergency room to respond to the patient assailant's
escalating behavior; in not supervising the patients; in failing to hire a sufficient and
competent staff; in failing to provide proper instruction to patients; in failing to properly
supervise patients including patient "Little", who was known to have violent and dangerous
propensities and had engaged in prior assaults thereat; failed to provide protection and
security to hospital staff members; failed to prevent an incident from escalating to a point
assailants'
of violence and danger; had notice of the violent propensities and failed to take
appropriate remedial action, permitted the claimant to be placed in a dangerous situation;
in causing and permitting the plaintiff to be attacked, menaced, intimidated and threatened
by said assailant; in failing to have a sufficient number of employees/officers/security
guards supervising the number of patients in the hospital; in allowing and permitting a
patients, whom they knew to have violent propensities, to assault and attack the plaintiff
herein; in disregarding their duty to protect the safety and well-being of the hospital staff
members; prior to the incident, the assailant had exhibited signs of violent propensities and
was acting in a violent, irrational and confrontational manner which was readily apparent
to those who were supervising or should have been supervising him; the respondents, their
agents, servants and/or employees were negligent in allowing the assailant with known
violent propensities to be placed in the same area as the claimant without adequate
supervision and/or taking appropriate measures to prevent and/or stop the assailant from
harming the claimant; the assault and battery was committed upon the claimant without
cause or justification; further, the respondents, their agents, servants and/or employees
were negligent in failing to take such necessary steps and precautions that would have
prevented the happening of the occurrence complained of; in failing to provide proper and
adequate protection to the claimant; and further, were negligent in that prior to and at the
time of the acts complained of herein, due to the prior history of the individual involved in
the assaults and batteries, knew or should have known of the vicious propensities and bad
disposition of the assailant involved; and further, were negligent in the hiring, training and
retention of its employees; and were further negligent in failing to provide proper
protection to the claimant, despite claimant's reliance on activation of Behavior Emergency
Support Team (BEST); in failing to provide proper and adequate police protection, despite
a promise to do so; in failing to follow its security plan; in having prior knowledge that the
violence
Preview
FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/26/2022 EXH B T 6 FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/26/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ___________________________________________________________________________Ç ORELL GAYNOR, SUPPLEMENTAL VERIFIED BILL OF Plaintiff, PARTICULARS -against- Index # 303755/2016 NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, THE CITY OF NEW YORK, L1NCOLN MEDICAL AND MENTAL HEALTH CENTER, EDUARDO J. RODRIGUEZ PEREZ, M.D., ANDALEEB RAJA, M.D., PRONOY ROY, M.D., NEW YORK CITY HOSPITAL POLICE DEPARTMENT, NEW YORK CITY POLICE DEPARTMENT and PHYSICIAN AFFILIATE GROUP OF NEW YORK, Defendants. ___________________________________________________________________________Ç Plaintiff, by his attorneys, Peña & Kahn, PLLC, as and for his Supplemental Verified Bill of Particulars herein, pursuant to the Demand of the Defendants, all upon information and belief, respectfully states as follows: 20. In response to your demand seeking the permanent injuries sustained by plaintiff(s), the plaintiff(s) sustained the following personal injuries, all of which, upon information and belief, are of a lasting and permanent nature: LEFT KNEE: " Grade IV chondromalacia; " Extensive complex flap tear including a radial root tear involving the entire posterior horn and body of the medial meniscus; " Free edge tear of the lateral meniscus; " Operation performed by Donald J. Rose, M.D., at NYU Langone Medical Center, on June 6, 2017, consisting of the following: > Operative arthroscopy left knee with: > Medial and lateral meniscectomies; > Tricompartmental synovectomy; and > Open excision of subfascial osseous mass, left knee. " Extensive hypertrophic synovitis to all 3 compartments; " Scarring; " Arthritic changes; " Increased risk for future knee surgery; " for induction of anesthesia; Necessity " for rehabilitation; Necessity FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/26/2022 " for physical therapy; Necessity " for immobilization; Necessity " Increased risk of the for a total knee replacement; necessity " Damage and loss of meniscal tissue; and " Pain and suffering. Plaintiff has difficulty performing activities of daily living. All with pain, tenderness, stiffness, soreness, spasm, swelling, weakness, limitation of motion, restriction of use, impairment of function, exacerbation of pain on motion, with damage to the underlying muscles, tendons, ligaments, fascia, blood vessels, capillaries and nerves in and about all of the above injury sites, with resultant disfigurement, deformity and disability. The aforementioned injuries resulted in shock to the body and nervous system, produced functional and organic disturbances, sympathetic and radiating to and about the adjacent and surrounding areas, as well as tissue damages. The injuries, manifestations and sequelae are permanent, chronic and progressive in nature and that as a result thereof, plaintiff will have permanent pain, tenderness, stiffness, soreness, irritation, discomfort, limitation of motion, limitation and loss of function, power and use and, additionally, with advancing years there will be naturally and medically related complications and exacerbations. Mental and emotional overlay as a result of the trauma and the aforesaid injuries, accompanied by anxiety, irritability, depression, aggravation and associate and concomitant impairment and negative effects on plaintiff's pre-incident enjoyment of life, day to day existence, activities, function and involvements. As a result, plaintiff's quality of life has been severely compromised. All injuries are claimed to be permanent. Dated: Bronx, New York October 9, 2017 Yours, etc. PEÑA & KAHN, PLLC Attorneys for Plaintiff 1250 Waters Place, Suite 901 Bronx, New Y 461 585- 1 (718) Our Fi 0.: 06307 . EAN LE ON, Q. FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/26/2022 TO: SALVATORE J. RUSSO, General Counsel Attorney(s) for Defendant(s) NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, LINCOLN MEDICAL AND MENTAL HEALTH CENTER, NEW YORK CITY HOPSITAL POLICE DEPARTMENT, EDUARDO J. RODRIGUEZ PEREZ, M.D,, PRONOY KUMAR ROY, M.D., ANDALEEB RAJA, M.D. and PHYSICIAN AFFILIATE GROUP OF NEW YORK Office of Legal Affairs-Claim and Litigation 26th 55 Water Street, PlOOr New York, New York 10041 (212) 323-2258 ZACHARY W. CARTER Corporation Counsel Attorney(s) for Defendant(s) THE CITY OF NEW YORK and NEW YORK CITY POLICE DEPARTMENT 100 Church Street New York, New York 10007 (718) 503-5030 FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/26/2022 VERIFICATION STATE OF NEW YORK } } ss: COUNTY OF BRONX } I, the undersigned, an attorney duly admitted to practice law in the State of New York, state that I am a member of the firm PEÑA & KAHN, PLLC, attorneys of record for the plaintiff in the within action; I have read the foregoing: SUPPLEMENTAL BILL OF PARTICULARS and know the contents thereof; the same is true to my own knowledge except as to those matters therein stated to be alleged upon information and belief, and as to those matters, I believe to be true. The reason this verification is made by me and not by the plaintiff is that deponent maintains offices outside the County in which plaintiff is in. The grounds of my belief as to all matters not stated upon my knowledge, are as follows: entire file maintained in your deponent's offices, investigations, etc. I affirm that the foregoing statements are true, under the penalties of perjury. Dated: Bronx, New York October 9, 2017 SE LEBSO , FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/26/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ___________________________________________Ç ORELL GAYNOR, SECOND SUPPLEMENTAL Plaintiff, VERIFIED BILL OF -against- PARTICULARS NEW YORK CITY HEALTH AND HOSPITALS Index # 303755/2016 CORPORATION, THE CITY OF NEW YORK, LINCOLN MEDICAL AND MENTAL HEALTH CENTER, EDUARDO J. RODRIGUEZ PEREZ, M.D., ANDALEEB RAJA, M.D., PRONOY ROY, M.D., NEW YORK CITY HOSPITAL POLICE DEPARTMENT, NEW YORK CITY POLICE DEPARTMENT and PHYSICIAN AFFILIATE GROUP OF NEW YORK, Defendants. _________________________________________Ç Plaintiff, by his attorneys, Peña & Kahn, PLLC, as and for his Second Supplemental Verified Bill of Particulars herein, pursuant to the Demand of the Defendants, all upon information and belief, respectfully states as follows: 1. In response to your demand seeking a statement of each and every act or omission which you will claim as the basis of the alleged malpractice of the answering defendant(s) herein, the defendants, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, LINCOLN MEDICAL AND MENTAL HEALTH CENTER and EDUARDO J. RODRIGUEZ PEREZ, M.D., their agents, servants and/or employees were negligent, careless and reckless in the ownership, operation, maintenance, supervision care and control of the aforesaid facility in that there was inadequate and improper supervision; in failing to properly monitor and supervise the patients; in having a prior history of treating the patient assailant; in failing to warn the medical staff in the B area to the patient assailants history; in failing to insure the patient assailant remained restrained; in failing to have the patient assailant restrained once the patient removed his restraints; in failing to have the patient assailant properly medicated for his behavior to safeguard the patient and staff; in failing to reapply patients the patient's restraints; in failing to appreciate the presenting history of the patient upon admission to the B area; in failing to notify hospital police that the patient had become free of his restraints; in under-medicating the patient for his behavior; in failing to order additional psychological medication to the patient assailant in a timely fashion; in failing to appreciate the history of prior Best Team interactions with the patient assailant in the emergency room; in failing to alert hospital police once the patient assailant had become free of his restraints; in not supervising the patients; in failing to hire a sufficient and competent staff; in failing to provide proper instruction to patients; in failing to properly supervise patients including patient "Little", who was known to have violent and dangerous propensities and had engaged in prior assaults thereat; failed to FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/26/2022 provide protection and security to hospital staff members; failed to prevent an incident assailants' from escalating to a point of violence and danger; had notice of the violent propensities and failed to take appropriate remedial action, permitted the claimant to be placed in a dangerous situation; in causing and permitting the plaintiff to be attacked, menaced, intimidated and threatened by said assailant; in failing to have a sufficient number of employees/officers/security guards supervising the number of patients in the hospital; in allowing and permitting a patients, whom they knew to have violent propensities, to assault and attack the plaintiff herein; in disregarding their duty to protect the safety and well-being of the hospital staff members; prior to the incident, the assailant had exhibited signs of violent propensities and was acting in a violent, irrational and confrontational manner which was readily apparent to those who were supervising or should have been supervising him; the respondents, their agents, servants and/or employees were negligent in allowing the assailant with known violent propensities to be placed in the same area as the claimant without adequate supervision and/or taking appropriate measures to prevent and/or stop the assailant from harming the claimant; the assault and battery was committed upon the claimant without cause or justification; further, the respondents, their agents, servants and/or employees were negligent in failing to take such necessary steps and precautions that would have prevented the happening of the occurrence complained of; in failing to provide proper and adequate protection to the claimant; and further, were negligent in that prior to and at the time of the acts complained of herein, due to the prior history of the individual involved in the assaults and batteries, knew or should have known of the vicious propensities and bad disposition of the assailant involved; and further, were negligent in the hiring, training and retention of its employees; and were further negligent in failing to provide proper protection to the claimant, despite claimant's reliance on activation of Behavior Emergency Support Team (BEST); in failing to provide proper and adequate police protection, despite a promise to do so; in failing to follow its security plan; in having prior knowledge that the violence perpetrated against the staff by the patients and/or their families and friends was the most alarming and urgent issue effecting Lincoln Hospital and failing to remedy same in a timely manner; in having prior knowledge that every hospital employee was at risk for attack and failing to provide them with safety and protection; in having prior knowledge that in October and November of 2015 alone five registered nurses in the Emergency Department had been viciously beaten during their shifts, not one of the incidents were mentioned in daily huddles and failing to remedy these vicious attacks and failing to provide protection and safety from same; in Little" having prior knowledge that the patient "Dawood was known as a violent psychotic "Little" patient; in having prior knowledge that the patient had assaulted other staff "Little" members in the past; in having prior knowledge that the patient was a paranoid schizophrenic K2 user and failed to provide the plaintiff will proper protection and safety; "Little" and in allowing and permitting to viciously assault the plaintiff; in acting in reckless disregard for the safety of others and the respondents, its agents, servants and/or employees and/or contractors were otherwise reckless and careless in the premises. 2. In response to your demand seeking a statement of each and every act or omission which you will claim as the basis of the alleged malpractice of the answering defendant(s) herein, the defendants, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, LINCOLN MEDICAL AND MENTAL HEALTH CENTER, NEW YORK CITY FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/26/2022 POLICE and ANDALEEB RAJA, M.D., their agents, servants and/or employees were negligent, careless and reckless in the ownership, operation, maintenance, supervision care and control of the aforesaid facility in that there was inadequate and improper supervision; in failing to properly monitor and supervise the patients; in failing to timely get the patient assailant medical clearance; in failing to timely have blood drawn and IV started on the patient assailant; in failing to have the restraints reapplied to the patient assailant once he freed himself; in failing to notify the Team Leader of the emergency room to not send more patients to the B area once the patient assailant had freed himself from restraints; in failing to notify the Best Team that the patient had become unrestrained; in failing to have additional hospital police within the emergency room to respond to the patient assailant's escalating behavior; in not supervising the patients; in failing to hire a sufficient and competent staff; in failing to provide proper instruction to patients; in failing to properly supervise patients including patient "Little", who was known to have violent and dangerous propensities and had engaged in prior assaults thereat; failed to provide protection and security to hospital staff members; failed to prevent an incident from escalating to a point assailants' of violence and danger; had notice of the violent propensities and failed to take appropriate remedial action, permitted the claimant to be placed in a dangerous situation; in causing and permitting the plaintiff to be attacked, menaced, intimidated and threatened by said assailant; in failing to have a sufficient number of employees/officers/security guards supervising the number of patients in the hospital; in allowing and permitting a patients, whom they knew to have violent propensities, to assault and attack the plaintiff herein; in disregarding their duty to protect the safety and well-being of the hospital staff members; prior to the incident, the assailant had exhibited signs of violent propensities and was acting in a violent, irrational and confrontational manner which was readily apparent to those who were supervising or should have been supervising him; the respondents, their agents, servants and/or employees were negligent in allowing the assailant with known violent propensities to be placed in the same area as the claimant without adequate supervision and/or taking appropriate measures to prevent and/or stop the assailant from harming the claimant; the assault and battery was committed upon the claimant without cause or justification; further, the respondents, their agents, servants and/or employees were negligent in failing to take such necessary steps and precautions that would have prevented the happening of the occurrence complained of; in failing to provide proper and adequate protection to the claimant; and further, were negligent in that prior to and at the time of the acts complained of herein, due to the prior history of the individual involved in the assaults and batteries, knew or should have known of the vicious propensities and bad disposition of the assailant involved; and further, were negligent in the hiring, training and retention of its employees; and were further negligent in failing to provide proper protection to the claimant, despite claimant's reliance on activation of Behavior Emergency Support Team (BEST); in failing to provide proper and adequate police protection, despite a promise to do so; in failing to follow its security plan; in having prior knowledge that the violence