Document for Dorothy Quintero v. St Lukes Roosevelt Hospital, Scott Belsley M.D., Dr. Dugan

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                                FILED:         NEW     YORK       COUNTY        CLERK        02/10/2014                                             INDEX    NO.   805019/2014
   NYSCEF     DOC.   NO.   5                                                                                  RECEIVED      NYSCEF:     02/10/2014




                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF NEW YORK

                  DOROTHY QUINTERO,                                                     Index No.     805019/2014

                                                      Plaintiffs,

                                    -against-                                           DEMAND FOR A VERIFIED BILL
                                                                                        OF PARTICULARS.
                  ST. LUKE’S-ROOSEVELT HOSPITAL, SCOTT
                  BELSLEY, M.D. and DR. DUGAN,

                                                      Defendants.


                  S I R S:

                           PLEASE TAKE NOTICE that pursuant to Sections 3041, 3042, 3043, and 3044 of the

                  Civil  Practice   Law    and  Rules,   you   are hereby    required   to  serve  a  Verified   Bill  of Particulars

                  upon the undersigned within thirty (30) days after receipt of this Demand.

                           Each item and subdivision of this Demand must be answered separately and categorically

                  under   its own   number,     without   reference   to  the  Complaint     or to  other  portions   of  the  Bill  of

                  Particulars.   Whirl Knits v. Adler Business Machines, Inc., 54 A.D.2d 760.

                           1.       Set forth:

                                    (a)      each date on which the answering defendant rendered medical care
                                             to the plaintiff;

                                    (b)      the address or addresses where such medical care was rendered to
                                             the plaintiff.

                           2.       Set  forth   the  condition   or  conditions    which    it will  be   claimed    the  answering

                 defendant undertook to treat.




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                           3.       A statement of the accepted medical practices, customs, and medical standards, if

                  any, which it is claimed were violated and departed from by the defendant herein.

                           4.       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.

                           5.       If plaintiff  will  claim   that  the  answering     defendant    ignored    complaints,    signs,

                  and/or   symptoms,      made    an  erroneous     diagnosis,    afforded   improper     treatment,   administered

                  improper and/or contraindicated drugs, administered proper drugs in an incorrect dosage, failed

                  to take or administer tests, or improperly took and administered tests, state:

                                    (a)      the  complaints,     signs,  and/or    symptoms      that  the  answering     defendant
                                             ignored and the date of each such occurrence;

                                    (b)      in  what    respect   the   diagnosis    by   the   defendant    was    erroneous     and
                                             incorrect,   what   the claimed    correct   diagnosis   should   have   been,   and  the
                                             point in time that the plaintiff will claim this answering defendant should
                                             have made the correct diagnosis;

                                    (c)      the name of each and every improper and/or contraindicated drug, if any,
                                             the  name    of  the  defendant    prescribing    same   and   the  date  of  each   such
                                             prescription;

                                    (d)      the name    of  each proper    drug allegedly administered        incorrectly with the
                                             dosage that plaintiff will claim was the correct dosage;

                                    (e)      the  name   and/or   description    of each   and   every  test  answering    defendant
                                             failed to take or administer and the alleged date of such omission;

                                    (f)      the name of each and every test this answering defendant improperly took
                                             or  administered,    and  the  manner    in which    each  such   test was   improperly
                                             taken or administered and the date(s) thereof.




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                           6.       If  plaintiff   will  claim    that  the   defendant     improperly     performed     a   surgical

                  procedure    or  procedures,     or  performed    a  surgical   procedure    that  was   contraindicated     and/or

                  unnecessary, or failed to perform a required surgical procedure, state:

                                    (a)      the  name    of  the  improperly    performed,     contraindicated,    or  unnecessary
                                             surgical procedure and the date when it was performed;

                                    (b)      in   what    manner     was    the   aforesaid    surgical    procedure      improperly
                                             performed;

                                    (c)      describe   the  procedure    which    should   have   been   performed    in  which   the
                                             defendant failed to perform.

                           7.       Set  forth  each  act  and  omission    which   constitutes   the  alleged   malpractice    of the

                  answering defendant (other than those acts and omissions which are set forth in response to items

                  “5” and “6”) and the date of each act and omission.

                           8.       If it is claimed that the answering defendant is responsible vicariously for the acts

                  or  omissions    of  other(s),  state  the  name   of  each   such   individual.    If the  name    is not  known,

                  describe   the  physical   appearance     with   sufficient  clarity  for  ready   identification,   and   state the

                  occupation of each such person and the date and place of the act or omission.

                           9.       State:

                                    (a)      the  injuries  that  plaintiff  suffered   as  a  result  of  the  alleged   negligence
                                             and/or malpractice of the defendant;

                                    (b)      set forth  which    injuries  are claimed    to be  permanent     and  in  what   respect
                                             they are claimed to be permanent.

                           10.      State the length of time the plaintiff was confined to:

                                    (a)      bed;

                                    (b)      house;

                                    (c)      hospital;

                                    (d)      nursing home or other rehabilitative institution.



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                           11.      State separately the total amounts claimed by the plaintiff as special damages for

                  each of the following:

                                    (a)      physicians’    services    with   names    and   addresses    of  all  physicians    who
                                             treated  the  plaintiff  for  said  injuries,   and  the  dates   of  each  physician’s
                                             treatment;

                                    (b)      nurses’ services;

                                    (c)      medical supplies, with a description of the supplies;

                                    (d)      hospital expenses, with the names and addresses of all hospitals and dates
                                             of confinement at each hospital;

                                    (e)      each   projected   or  anticipated   item  of  future  expense    which   plaintiff  will
                                             claim at trial;

                                    (f)      any other expenses.

                           12.      State:

                                    (a)      occupation    of  the  plaintiff  at the  time   of the  alleged   malpractice    by  the
                                             defendant, together with the name and address of the plaintiff’s employer
                                             at such time;

                                    (b)      plaintiff’s  present    occupation    and   the   name    and   address   of  plaintiff’s
                                             present employer;

                                    (c)      if self-employed,     state  the  address   of  the  place   of employment       and  the
                                             type of business or occupation in which plaintiff was engaged immediately
                                             prior to the occurrence;

                                    (d)      the length of time plaintiff was unable to attend to his employment or his
                                             business;

                                    (e)      the amount of money plaintiff was alleged to have earned during the year
                                             prior to the occurrence;

                                    (f)      the amount of earnings the plaintiff is alleged to have lost as a result of the
                                             defendant’s negligence;

                                    (g)      the amount of future income, if any, which plaintiff will lose as a result of
                                             defendant’s negligence.




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                           13.      State the date of birth of each plaintiff.

                           14.      State the social security number of each plaintiff.

                           15.      State the residence address of each plaintiff.

                           16.      If lack of informed consent is claimed, set forth the dangers, risks, or alternatives

                  to the treatment and medical procedures rendered to the plaintiff by the answering defendant as

                  to which the latter failed to advise plaintiff.

                           17.      Set forth each and every act of negligence on the part of the answering defendant

                  which constitutes the defendant’s alleged failure to obtain plaintiff’s informed consent.

                           18.      If  the  plaintiff  has   received   reimbursement       for  any   of  the  medical    expenses

                  incurred    in  connection    with   the  treatment    of  the   injuries  complained      of  in  the  complaint,

                  set forth:

                                    (a)      the source of the reimbursement, including:

                                        (i)  the name of the indemnitor (such as Blue Cross, GHI, etc.),

                                         (ii) the group or policy number and plaintiff’s identification number for each

                                         provider,

                                         (iii) Medicaid and/or Medicare number;

                                    (b)      The dates and amounts of reimbursement.


                           PLEASE TAKE FURTHER NOTICE that in the event of your failure to comply with

                  this Demand for a Verified Bill of Particulars, within thirty (30) days, a motion will be made for

                  an order precluding you from offering any evidence at the trial of this action with respect to the

                  foregoing Demand.




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                  5969960v.1
                  Dated:   New York, New York
                           February 10, 2014
                                                                              WILSON, ELSER, MOSKOWITZ,
                                                                              EDELMAN & DICKER, LLP


                                                                              By:
                                                                                     Irving B. Hirsch
                                                                                     Attorneys for Defendant
                                                                                     SCOTT BELSLEY, M.D.
                                                                                     150 East 42 Street
                                                                                     New York, New York 10017
                                                                                     (212) 490-3000
                                                                                     File No. 25114.00674

                  TO:      Michael B. Ronemus, Esq.
                           RONEMUS & VILENSKY
                           Attorneys for Plaintiff
                           112 Madison Avenue, 2nd Floor
                           New York, New York 10016
                           (212) 779-7070




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