Preview
FILED: NEW YORK COUNTY CLERK 09/09/2022 11:10 AM INDEX NO. 805362/2018
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 09/09/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
___________..___________________________________________________________Ç
KATHERINE MASI, Index No.: 805362/2018
Plaintiff, AMENDED
VERIFIED BILL OF
-against- PARTICULARS AS TO
DEFENDANT
, GILES R. SCUDERI, M.D., ADAM NORWOOD, D.O., NORTHWELL
JOHN SEITZ, M.D., LENOX HILL MEDICAL HEALTH, INC.
ANESTHESIOLOGY, PLLC, THEOFANIS ZOIS, P.A.,
BOZENA KUCZYNSKI, P.A., BRADEN STOLDT, RN,
JANE DOE #1, a fictious name for a registered nurse at
Lenox Hill Hospital whose name and identity currently
unknown, LENOX HILL HOSPITAL and NORTHWELL
HEALTH, INC.,
Defendants.
______________________________________________________________________Ç
Plaintiff, KATHERINE MASI, by her attorneys, GIUFFRE LAW OFFICES, P.C., in
response to the Demand for a Bill of Particulars on behalf of Defendant NORTHWELL HEALTH,
INC., alleges the following, upon information and belief:
1. Dates of Negligence/Medical Malpractice: The dates of negligence and medical
malpractice relative to Defendant NORTHWELL HEALTH, INC., by and through its hospital
facility known and designated as LENOX HILL HOSPITAL, and said hospital's agents, servants
and employees, took place from October 11, 2016 through October 17, 2016 (when the plaintiff
was admitted to Defendant LENOX HILL HOSPITAL for right knee replacement and in-
surgery
patient post-operative care and treatment). Plaintiff reserves the right to supplement the within
response upon receipt of a complete copy of the plaintiff's records from Defendant LENOX HILL
HOSPITAL.
2. Place Where Negligent Acts Took Place: The negligent acts relative to Defendant
NORTHWELL HEALTH, INC., by and through its hospital facility known and designated as
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LENOX HILL HOSPITAL, took place in the operating room of Defendant LENOX HILL
HOSPITAL wherein the plaintiff underwent right knee replacement surgery on October 11, 2016
and was caused to sustain a severe burn to her right lower extremity during the surgery while under
general anesthesia. Further, the negligent acts of Defendant NORTHWELL HEALTH, INC., by
and through its hospital facility known and designated as LENOX HILL HOSPITAL, also took
place the plaintiff's admission at defendant LENOX HILL HOSPITAL from October 11-
during
in the the and the hospital room where the plaintiff post-
17, 2016 PACU, recovery room, received
operative care and treatment. Plaintiff reserves the right to supplement the within response upon
receipt of a complete copy of the records from Defendant LENOX HILL HOSPITAL.
3. Negligence Claims as to Defendant NORTHWELL HEALTH, INC.:
Defendant NORTHWELL HEALTH, INC., by and through its hospital facility known and
designated as LENOX HILL HOSPITAL, and through said hospital's agents, servants and
employees, deviated & departed from accepted standards of medical, nursing, surgical,
orthopedic and post-operative care and practice and committed acts & omissions which constituted
negligence and medical malpractice in connection with the care rendered to the plaintiff
KATHERINE MASI from October 11, 2016 through October 17, 2016 as follows: by causing,
permitting and/or allowing the plaintiff to sustain an intra-operative burn and/or wound during
the right knee replacement surgery that took place on October 11, 2016 at Defendant LENOX
HILL HOSPITAL; by failing to hire adequately competent and appropriately trained surgical
PA's, circulating nurses, scrub nurses, anesthesiologists and anesthesiological assistants, residents,
and fellows, to perform knee replacement surgeries at the aforesaid hospital; by failing to
adequately train surgical assistants in the proper performance of knee replacement surgeries; by
failing to adequately train surgical assistants in the prevention of intra-operative burn injuries; by
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failing to properly train and educate hospital staff about proper and safe utilization of thermal and
electrical equipment; by failing to have policies and procedures in place regarding prevention of
patients'
intra-operative surgical errors, such as causing burns to extremities during surgery; by
failing to inspect, maintain and repair electric and/or thermal surgical equipment so as to prevent
intra-operative patient burns; by failing to institute policies and protocols regarding intra-operative
burn prevention in light of prior intra-operative burn incidents; by failing to properly document
and record in the operative report and the hospital chart that the plaintiff sustained an intra-
operative to examine the plaintiff's right lower intra-
burn; by failing adequately extremity
operatively and post-operatively; by failing to properly perform right knee replacement surgery on
October 11, 2016 at Defendant LENOX HILL HOSPITAL in that the plaintiff was caused to
sustain a thermal and/or electrical burn during the aforesaid surgery; by failing to properly and
safely utilize electrical and/or thermal devices and associated equipment during the aforesaid
surgery; by failing to properly position the plaintiff during the aforesaid surgery; by failing to
insure and take necessary steps to prevent intra-operative injury to the plaintiff's right lower
extremity; by failing to adequately and properly protect, pad and secure the plaintiff's right lower
extremity so as not to come into contact with any thermal or electrical devices or substances,
compounds, liquids or chemicals that could result in burning tissue and skin; by failing to
adequately pad the contact points between the plaintiff's body and the operating table; by failing
to check the thermal and/or electrical equipment before such equipment was utilized during the
aforesaid surgery; by failing to conduct and perform safety checks before using such equipment
on the plaintiff during the aforesaid surgery; by utilizing improper and/or dangerous instruments
during the aforesaid surgery; by allowing and/or causing the plaintiff to come into direct contact
with thermal and/or electrical equipment and/or devices; y causing, permitting and/or allowing
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the electrocautery device, the bovie pen, used during the aforesaid surgery to come into
contact with Plaintiff's body; by failing to properly holster the electrocautery device; by
negligently causing, permitting and/or allowing the electrocautery device to remain in/on the
operative field; by failing to check, verify and insure that the grounding pad was properly
and adequately applied with firm contact to the skin over an adequate surface area; by
failing to provide an appropriate exit for the current from the use of electrocautery to pass
safely through the circuit; by failing to sufficiently secure the grounding pad with a bandage;
by failing to insure that the tourniquet was properly released and that re-perfusion was
sufficient before allowing the operative leg to be wrapped; by failing to properly wrap the
operative leg after the completion of the surgery; by failing to insure that the operating table
was properly insulated; by failing to prevent and/or detect electrical overload; by failing to
properly maintain and monitor electrical circuitry; by failing to prevent the pooling of flammable
substances; by utilizing malfunctioning and/or defective electrosurgical and/or thermal devices;
by allowing fluid and/or blood to create alternate current pathways; by improperly positioning
electrodes and/or grounding pads and/or other devices and instruments; by improperly allowing or
causing the cement utilized to fix the patella or femoral component to become excessively heated
and to come into contact with the plaintiff's skin; by failing to have safeguards in place to avoid
intra-operative injury from occurring; by failing to have measures in place to detect intra-operative
injury; by failing to maintain functioning and working equipment; by causing the plaintiff to
sustain serious and permanent damage to her right lower extremity during the aforesaid surgery;
by failing to recognize intra-operatively that the plaintiff was developing serious and permanent
injury and damage to her right lower extremity during the aforesaid surgery; by failing to prevent
injury to the plaintiff during the aforesaid surgery; by failing to timely and promptly remove and/or
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discontinue the use of the instrument, equipment or substance so as to prevent further injury and
damage to the plaintiff's posterior calf; or to recognize the plaintiff's intra-
by ignoring failing
operative burn injury and her complaints related to such an injury, including the presence of a
large, blistering, red, oozing, inflamed and painful burn to the posterior aspect of her right lower
extremity; by failing to maintain proper records relative to the individual who placed the
grounding pad on the Plaintiff during the aforesaid surgery; by failing to timely and
consistently perform skin check on the Plaintiff's operative leg in the post-operative period;
by failing to perform skin checks in the PACU and in the days following the aforesaid
surgery; by failing to timely and consistently place ice packs/cryocuff to Plaintiff's operative
leg; by failing to remove dressings covering the operative leg in order to adequately inspect
and examine the Plaintiff's operative leg; by failing to timely and properly recognize,
document and treat the Plaintiff's right posterior calf burn/wound; by failing to properly
and adequately control Plaintiff's post-operative swelling (edema); by failing to intervene to
prevent the Plaintiff's post-operative swelling (edema); by failing to properly treat the
plaintiff's intra-operative burn, and more specifically, by failing to properly elevate, protect, cast
and/or bandage the plaintiff's injured right lower extremity; by failing to prescribe necessary,
warranted and indicated medications and/or cremes and/or ointments for the treatment of the
plaintiff's injury to her right lower extremity; by failing to perform necessary, warranted and
indicated imaging studies and diagnostic testing to evaluate and determine the depth, extent and
severity of the plaintiff's posterior calf wound/burn; by failing to timely diagnose the plaintiff's
intra-operative burn injury; by failing to properly identify the cause of plaintiff's intra-operative
injury; by failing to insure the plaintiff's safety during the aforesaid surgery; by failing to order
consultations with specialists in the appropriate medical fields, including wound care, burn care,
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vascular medicine, neurology, dermatology, and plastic surgery. Plaintiff also intends to rely upon
the doctrine of res ipsa loquitur insofar as the intra-operative event that caused serious and
permanent injury to Plaintiff does not occur in the absence of negligence, the instrumentality that
caused injury to Plaintiff was within the exclusive control of Defendants, and Plaintiff did not
cause or contribute to the injuries complained of herein.
4. Negligent Acts of Co-Defendants: Plaintiff claims that defendants ADAM
NORWOOD, D.O., JOHN SEITZ, MD., LENOX HILL MEDICAL ANESTHESIOLOGY, LLC,
THEOFANIS ZOIS, P.A., BOZENA KUCZYNSKI, P.A., BRANDEN STOLDT, RN, and
LENOX HILL HOSPITAL were also negligent and committed medical malpractice. See
plaintiff's Verified Bills of Particulars as to co-defendants for a general statement of co-
defendants'
negligent acts and omissions. Plaintiff reserves the right to supplement the within
response upon receipt of a complete copy of the LENOX HILL HOSPITAL chart and defendant
DR. SCUDERI's office records, and upon the completion of depositions of the parties.
5. Improper/Defective Equipment: Plaintiff claims that defective and/or improper
equipment was utilized during the aforesaid right knee replacement surgery, and more particularly,
improper and/or defective thermal and/or electrical equipment. See plaintiff's response to
Question No. 3 above for a description of the defective and/or improper equipment that was
utilized during the October 11, 2016 surgery. Plaintiff reserves the right to supplement the within
response upon a complete copy of the LENOX HILL HOSPITAL chart and upon the completion
of depositions of the parties.
6. Accepted Medical Practices and Customs: Objection. Plaintiff is not obligated
to set forth a statement of the accepted medical practices, customs and medical standards which it
is claimed were violated and departed from by the answering defendant as such a demand is
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evidentiary in nature and can only be gleaned from expert testimony. Such a demand is palpably
improper as it exceed the scope of a demand for a bill of particulars pursuant to CPLR 3043. In
addition, plaintiff is not obligated to set forth the specific manner that the Defendant(s) herein
failed to act in accordance with good and accepted medical practice since a physician is chargeable
with knowing those medically accepted standards applicable to the proper care and treatment of
the Plaintiff. See Khoury v. Choughani, 27 A.D.3d 1071, 811 N.Y.S.2d 257; Patterson v. Jewish
Hospital and Medical Center of Brooklyn, 94 Misc.2d 680, affd 65 A.D.2d 553.
7. Specific Claims Regarding Symptoms Defendants Ignored, Erroneous
Diagnosis, Improper treatment and Improper Medications: Objection. Plaintiff is not
obligated to set forth a specific statement of the signs & symptoms that the defendant ignored, the
defendant's erroneous diagnosis, the improper treatment afforded by the defendant, the improper
or contraindicated medications administered by the defendant, and the improper tests that the
defendant performed. Such a demand is palpably improper as it exceeds the scope of C.P.L.R. §
3043 and calls for evidentiary testimony. Nonetheless, and without waiving the prior objection,
plaintiff has set forth a general statement of the negligent acts and omissions of the answering
defendant in response to Question No. 3 above.
8. Specific Claims Regarding Physical Examinations and/or Contraindicated
Procedures: Objection. Plaintiff is not obligated to set forth a specific statement as to whether
the answering defendant failed to perform a physical examination or performed a contraindicated
or unnecessary procedure. Such a demand is palpably improper as it exceeds the scope of C.P.L.R.
§ 3043 and calls for evidentiary testimony. Nonetheless, and without waiving the prior objection,
plaintiff has set forth a general statement of the negligent acts and omissions of the answering
defendant in response to Question No. 3 above.
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9. Injuries: Plaintiff KATHERINE MASI sustained the following severe and
defendants'
permanent injuries as a result of the negligence and medical malpractice:
" Third degree burn to the plaintiff's right posterior lower extremity;
" Full thickness tissue damage;
" Ulcerated, painful blister and open wound to the plaintiff's posterior right
calf;
" Post-burn allodynia to the plaintiff's posterior right calf;
" Pain, sensations, loss of sensation, contracture, temperature
burning
changes, oozing, exudate, hypersensitivity, necrotic tissue, non-viable
eschar, pulling and tugging sensations in the affected area;
" Blistering, fibrosis, slough, drainage, edema, erythema, discoloration, and
ulceration;
" Neurological impairment, loss of range of motion, pain with movement of
right lower extremity, weakness, difficulties standing and ambulating;
" Cosmetic deformity;
" Permanent, prominent, visible and large ovoid-shaped with
scarring
hypopigmentation, skin changes and puckering at the edges;
" Damage to nerves, tendons, tissues, fascia, veins, arteries, muscles and other
structures;
" Need for serial debridements to treat the plaintiff's calf wound/burn;
" Need for the application of Silvadene crème, Medihoney, Santyl Ointment,
Xeroform and constant gauze changes; need for long-term antibiotics for
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infection control at the wound site; prolonged period of leg elevation; need
Preview
FILED: NEW YORK COUNTY CLERK 09/09/2022 11:10 AM INDEX NO. 805362/2018 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 09/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ___________..___________________________________________________________Ç KATHERINE MASI, Index No.: 805362/2018 Plaintiff, AMENDED VERIFIED BILL OF -against- PARTICULARS AS TO DEFENDANT , GILES R. SCUDERI, M.D., ADAM NORWOOD, D.O., NORTHWELL JOHN SEITZ, M.D., LENOX HILL MEDICAL HEALTH, INC. ANESTHESIOLOGY, PLLC, THEOFANIS ZOIS, P.A., BOZENA KUCZYNSKI, P.A., BRADEN STOLDT, RN, JANE DOE #1, a fictious name for a registered nurse at Lenox Hill Hospital whose name and identity currently unknown, LENOX HILL HOSPITAL and NORTHWELL HEALTH, INC., Defendants. ______________________________________________________________________Ç Plaintiff, KATHERINE MASI, by her attorneys, GIUFFRE LAW OFFICES, P.C., in response to the Demand for a Bill of Particulars on behalf of Defendant NORTHWELL HEALTH, INC., alleges the following, upon information and belief: 1. Dates of Negligence/Medical Malpractice: The dates of negligence and medical malpractice relative to Defendant NORTHWELL HEALTH, INC., by and through its hospital facility known and designated as LENOX HILL HOSPITAL, and said hospital's agents, servants and employees, took place from October 11, 2016 through October 17, 2016 (when the plaintiff was admitted to Defendant LENOX HILL HOSPITAL for right knee replacement and in- surgery patient post-operative care and treatment). Plaintiff reserves the right to supplement the within response upon receipt of a complete copy of the plaintiff's records from Defendant LENOX HILL HOSPITAL. 2. Place Where Negligent Acts Took Place: The negligent acts relative to Defendant NORTHWELL HEALTH, INC., by and through its hospital facility known and designated as 1 of 18 FILED: NEW YORK COUNTY CLERK 09/09/2022 11:10 AM INDEX NO. 805362/2018 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 09/09/2022 LENOX HILL HOSPITAL, took place in the operating room of Defendant LENOX HILL HOSPITAL wherein the plaintiff underwent right knee replacement surgery on October 11, 2016 and was caused to sustain a severe burn to her right lower extremity during the surgery while under general anesthesia. Further, the negligent acts of Defendant NORTHWELL HEALTH, INC., by and through its hospital facility known and designated as LENOX HILL HOSPITAL, also took place the plaintiff's admission at defendant LENOX HILL HOSPITAL from October 11- during in the the and the hospital room where the plaintiff post- 17, 2016 PACU, recovery room, received operative care and treatment. Plaintiff reserves the right to supplement the within response upon receipt of a complete copy of the records from Defendant LENOX HILL HOSPITAL. 3. Negligence Claims as to Defendant NORTHWELL HEALTH, INC.: Defendant NORTHWELL HEALTH, INC., by and through its hospital facility known and designated as LENOX HILL HOSPITAL, and through said hospital's agents, servants and employees, deviated & departed from accepted standards of medical, nursing, surgical, orthopedic and post-operative care and practice and committed acts & omissions which constituted negligence and medical malpractice in connection with the care rendered to the plaintiff KATHERINE MASI from October 11, 2016 through October 17, 2016 as follows: by causing, permitting and/or allowing the plaintiff to sustain an intra-operative burn and/or wound during the right knee replacement surgery that took place on October 11, 2016 at Defendant LENOX HILL HOSPITAL; by failing to hire adequately competent and appropriately trained surgical PA's, circulating nurses, scrub nurses, anesthesiologists and anesthesiological assistants, residents, and fellows, to perform knee replacement surgeries at the aforesaid hospital; by failing to adequately train surgical assistants in the proper performance of knee replacement surgeries; by failing to adequately train surgical assistants in the prevention of intra-operative burn injuries; by 2 2 of 18 FILED: NEW YORK COUNTY CLERK 09/09/2022 11:10 AM INDEX NO. 805362/2018 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 09/09/2022 failing to properly train and educate hospital staff about proper and safe utilization of thermal and electrical equipment; by failing to have policies and procedures in place regarding prevention of patients' intra-operative surgical errors, such as causing burns to extremities during surgery; by failing to inspect, maintain and repair electric and/or thermal surgical equipment so as to prevent intra-operative patient burns; by failing to institute policies and protocols regarding intra-operative burn prevention in light of prior intra-operative burn incidents; by failing to properly document and record in the operative report and the hospital chart that the plaintiff sustained an intra- operative to examine the plaintiff's right lower intra- burn; by failing adequately extremity operatively and post-operatively; by failing to properly perform right knee replacement surgery on October 11, 2016 at Defendant LENOX HILL HOSPITAL in that the plaintiff was caused to sustain a thermal and/or electrical burn during the aforesaid surgery; by failing to properly and safely utilize electrical and/or thermal devices and associated equipment during the aforesaid surgery; by failing to properly position the plaintiff during the aforesaid surgery; by failing to insure and take necessary steps to prevent intra-operative injury to the plaintiff's right lower extremity; by failing to adequately and properly protect, pad and secure the plaintiff's right lower extremity so as not to come into contact with any thermal or electrical devices or substances, compounds, liquids or chemicals that could result in burning tissue and skin; by failing to adequately pad the contact points between the plaintiff's body and the operating table; by failing to check the thermal and/or electrical equipment before such equipment was utilized during the aforesaid surgery; by failing to conduct and perform safety checks before using such equipment on the plaintiff during the aforesaid surgery; by utilizing improper and/or dangerous instruments during the aforesaid surgery; by allowing and/or causing the plaintiff to come into direct contact with thermal and/or electrical equipment and/or devices; y causing, permitting and/or allowing 3 3 of 18 FILED: NEW YORK COUNTY CLERK 09/09/2022 11:10 AM INDEX NO. 805362/2018 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 09/09/2022 the electrocautery device, the bovie pen, used during the aforesaid surgery to come into contact with Plaintiff's body; by failing to properly holster the electrocautery device; by negligently causing, permitting and/or allowing the electrocautery device to remain in/on the operative field; by failing to check, verify and insure that the grounding pad was properly and adequately applied with firm contact to the skin over an adequate surface area; by failing to provide an appropriate exit for the current from the use of electrocautery to pass safely through the circuit; by failing to sufficiently secure the grounding pad with a bandage; by failing to insure that the tourniquet was properly released and that re-perfusion was sufficient before allowing the operative leg to be wrapped; by failing to properly wrap the operative leg after the completion of the surgery; by failing to insure that the operating table was properly insulated; by failing to prevent and/or detect electrical overload; by failing to properly maintain and monitor electrical circuitry; by failing to prevent the pooling of flammable substances; by utilizing malfunctioning and/or defective electrosurgical and/or thermal devices; by allowing fluid and/or blood to create alternate current pathways; by improperly positioning electrodes and/or grounding pads and/or other devices and instruments; by improperly allowing or causing the cement utilized to fix the patella or femoral component to become excessively heated and to come into contact with the plaintiff's skin; by failing to have safeguards in place to avoid intra-operative injury from occurring; by failing to have measures in place to detect intra-operative injury; by failing to maintain functioning and working equipment; by causing the plaintiff to sustain serious and permanent damage to her right lower extremity during the aforesaid surgery; by failing to recognize intra-operatively that the plaintiff was developing serious and permanent injury and damage to her right lower extremity during the aforesaid surgery; by failing to prevent injury to the plaintiff during the aforesaid surgery; by failing to timely and promptly remove and/or 4 4 of 18 FILED: NEW YORK COUNTY CLERK 09/09/2022 11:10 AM INDEX NO. 805362/2018 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 09/09/2022 discontinue the use of the instrument, equipment or substance so as to prevent further injury and damage to the plaintiff's posterior calf; or to recognize the plaintiff's intra- by ignoring failing operative burn injury and her complaints related to such an injury, including the presence of a large, blistering, red, oozing, inflamed and painful burn to the posterior aspect of her right lower extremity; by failing to maintain proper records relative to the individual who placed the grounding pad on the Plaintiff during the aforesaid surgery; by failing to timely and consistently perform skin check on the Plaintiff's operative leg in the post-operative period; by failing to perform skin checks in the PACU and in the days following the aforesaid surgery; by failing to timely and consistently place ice packs/cryocuff to Plaintiff's operative leg; by failing to remove dressings covering the operative leg in order to adequately inspect and examine the Plaintiff's operative leg; by failing to timely and properly recognize, document and treat the Plaintiff's right posterior calf burn/wound; by failing to properly and adequately control Plaintiff's post-operative swelling (edema); by failing to intervene to prevent the Plaintiff's post-operative swelling (edema); by failing to properly treat the plaintiff's intra-operative burn, and more specifically, by failing to properly elevate, protect, cast and/or bandage the plaintiff's injured right lower extremity; by failing to prescribe necessary, warranted and indicated medications and/or cremes and/or ointments for the treatment of the plaintiff's injury to her right lower extremity; by failing to perform necessary, warranted and indicated imaging studies and diagnostic testing to evaluate and determine the depth, extent and severity of the plaintiff's posterior calf wound/burn; by failing to timely diagnose the plaintiff's intra-operative burn injury; by failing to properly identify the cause of plaintiff's intra-operative injury; by failing to insure the plaintiff's safety during the aforesaid surgery; by failing to order consultations with specialists in the appropriate medical fields, including wound care, burn care, 5 5 of 18 FILED: NEW YORK COUNTY CLERK 09/09/2022 11:10 AM INDEX NO. 805362/2018 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 09/09/2022 vascular medicine, neurology, dermatology, and plastic surgery. Plaintiff also intends to rely upon the doctrine of res ipsa loquitur insofar as the intra-operative event that caused serious and permanent injury to Plaintiff does not occur in the absence of negligence, the instrumentality that caused injury to Plaintiff was within the exclusive control of Defendants, and Plaintiff did not cause or contribute to the injuries complained of herein. 4. Negligent Acts of Co-Defendants: Plaintiff claims that defendants ADAM NORWOOD, D.O., JOHN SEITZ, MD., LENOX HILL MEDICAL ANESTHESIOLOGY, LLC, THEOFANIS ZOIS, P.A., BOZENA KUCZYNSKI, P.A., BRANDEN STOLDT, RN, and LENOX HILL HOSPITAL were also negligent and committed medical malpractice. See plaintiff's Verified Bills of Particulars as to co-defendants for a general statement of co- defendants' negligent acts and omissions. Plaintiff reserves the right to supplement the within response upon receipt of a complete copy of the LENOX HILL HOSPITAL chart and defendant DR. SCUDERI's office records, and upon the completion of depositions of the parties. 5. Improper/Defective Equipment: Plaintiff claims that defective and/or improper equipment was utilized during the aforesaid right knee replacement surgery, and more particularly, improper and/or defective thermal and/or electrical equipment. See plaintiff's response to Question No. 3 above for a description of the defective and/or improper equipment that was utilized during the October 11, 2016 surgery. Plaintiff reserves the right to supplement the within response upon a complete copy of the LENOX HILL HOSPITAL chart and upon the completion of depositions of the parties. 6. Accepted Medical Practices and Customs: Objection. Plaintiff is not obligated to set forth a statement of the accepted medical practices, customs and medical standards which it is claimed were violated and departed from by the answering defendant as such a demand is 6 6 of 18 FILED: NEW YORK COUNTY CLERK 09/09/2022 11:10 AM INDEX NO. 805362/2018 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 09/09/2022 evidentiary in nature and can only be gleaned from expert testimony. Such a demand is palpably improper as it exceed the scope of a demand for a bill of particulars pursuant to CPLR 3043. In addition, plaintiff is not obligated to set forth the specific manner that the Defendant(s) herein failed to act in accordance with good and accepted medical practice since a physician is chargeable with knowing those medically accepted standards applicable to the proper care and treatment of the Plaintiff. See Khoury v. Choughani, 27 A.D.3d 1071, 811 N.Y.S.2d 257; Patterson v. Jewish Hospital and Medical Center of Brooklyn, 94 Misc.2d 680, affd 65 A.D.2d 553. 7. Specific Claims Regarding Symptoms Defendants Ignored, Erroneous Diagnosis, Improper treatment and Improper Medications: Objection. Plaintiff is not obligated to set forth a specific statement of the signs & symptoms that the defendant ignored, the defendant's erroneous diagnosis, the improper treatment afforded by the defendant, the improper or contraindicated medications administered by the defendant, and the improper tests that the defendant performed. Such a demand is palpably improper as it exceeds the scope of C.P.L.R. § 3043 and calls for evidentiary testimony. Nonetheless, and without waiving the prior objection, plaintiff has set forth a general statement of the negligent acts and omissions of the answering defendant in response to Question No. 3 above. 8. Specific Claims Regarding Physical Examinations and/or Contraindicated Procedures: Objection. Plaintiff is not obligated to set forth a specific statement as to whether the answering defendant failed to perform a physical examination or performed a contraindicated or unnecessary procedure. Such a demand is palpably improper as it exceeds the scope of C.P.L.R. § 3043 and calls for evidentiary testimony. Nonetheless, and without waiving the prior objection, plaintiff has set forth a general statement of the negligent acts and omissions of the answering defendant in response to Question No. 3 above. 7 7 of 18 FILED: NEW YORK COUNTY CLERK 09/09/2022 11:10 AM INDEX NO. 805362/2018 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 09/09/2022 9. Injuries: Plaintiff KATHERINE MASI sustained the following severe and defendants' permanent injuries as a result of the negligence and medical malpractice: " Third degree burn to the plaintiff's right posterior lower extremity; " Full thickness tissue damage; " Ulcerated, painful blister and open wound to the plaintiff's posterior right calf; " Post-burn allodynia to the plaintiff's posterior right calf; " Pain, sensations, loss of sensation, contracture, temperature burning changes, oozing, exudate, hypersensitivity, necrotic tissue, non-viable eschar, pulling and tugging sensations in the affected area; " Blistering, fibrosis, slough, drainage, edema, erythema, discoloration, and ulceration; " Neurological impairment, loss of range of motion, pain with movement of right lower extremity, weakness, difficulties standing and ambulating; " Cosmetic deformity; " Permanent, prominent, visible and large ovoid-shaped with scarring hypopigmentation, skin changes and puckering at the edges; " Damage to nerves, tendons, tissues, fascia, veins, arteries, muscles and other structures; " Need for serial debridements to treat the plaintiff's calf wound/burn; " Need for the application of Silvadene crème, Medihoney, Santyl Ointment, Xeroform and constant gauze changes; need for long-term antibiotics for 8 8 of 18 FILED: NEW YORK COUNTY CLERK 09/09/2022 11:10 AM INDEX NO. 805362/2018 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 09/09/2022 infection control at the wound site; prolonged period of leg elevation; need