Preview
= INDEX NO. 150116/2412
NYSCEF BOC. NO. 116 RECEIVED NYSCEF: 07/24/2014
MLM-4925
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
po--- eee + = ee - = 5 + ee INDEX NO. 150116/12
ROBERT VALENTI,
Plaintiff(s),
- against - DEMAND FOR A VERIFIED
* BILL OF PARTICULARS
JOHN J. GADOMSKi, M.D., SHIMON OAMI, M.D.,
LABORATORY CORPORATION OF AMERICA HOLDINGS,
LABORATORY CORPORATION OF AMERICA, PATRICIA C.
McCORMACK, M.D., PATRICIA C. MCCORMACK, M.D.,
PLLC; and, PATRICIA C. MCCORMACK MD, P.C.,
Defendant(s).
~-------------- ------ 4 ------ ==
+ -- -----
I s
PLEASE TAKE NOTICE, that the answering defendant(s), PATRICIA
MD, P.C., hereby demands that the plaintiff(s) serve a
C. McCORMACK,
Bill of Particulars, pursuant to Article 30, Section 3041 of the
verified
CPLR, within 20 days after service of this Demand as follows:
1. Name, address and date of birth of plaintiff(s).
2. Set forth each and every act of malpractice on the
(a)
part of the answering defendant(s) which it will be
claimed constitutes malpractice as alleged in the
Complaint.
(b) Set forth the date, time and place such acts are
alleged to have been committed.
A general statement of the standards of medical practice
from which it is claimed that the answering defendant
deviated.
4. Set forth each and every injury which it is alleged by the
plaintiff(s) to have been caused by the aforementioned
alleged malpractice and is casually related thereto.
—_
|
injury which the plaintiff claims
5. Set forth each and every
to be permanent.
of t ime plaintiff(s) claim to have
Set forth the length
been confined to:
(a) hospitals;
(b) bed;
(c) house.
special damages by reason of
7. If the (s)
plaintiff claims
incurred for the treatment of any
hospital expenses
or
condition alleged to have been due to the negligence
answering defendant(s), set forth:
malpractice of the
and address of each such hospital;
(a) name
amount of each hospital bill;
(0) the
bills.
photostatic copies of all hospital
(c)
to have sustained special damages
8. Tf plaintiff(s ) claims
for the treatment of any
for physicians’ services in curred
to the negligence or
condition alleged to have been due set forth:
ndant(s),
malpractice of the answering defe
and address of each such physician;
(a) name
of their respective bills.
(b) the amount
claims any loss of wages, salary or
If the plaintiff({s)
earnings by reason of the neg lige
nce or malpractice of the
answering defendant(s), set forth:
(a) occupation of plaintiff; of
address of employer on occasion
(b) name and
first visit to the answering
plaintiff's
defendant (s);
is claimed plaintiff
(c) specify each and every date it
studies;
was incapac. itated from employment or
to gainful employment or
(a) first date or return
ddress thereof;
studies, including name and a
med, if any.
(e) total loss of earnings clai
as special damages as a
10 Set forth total amount claimed of the
alleged negligence or maipra ctice
result. of
answering defendant(s), as follows:
(a) medical supplies
(b) nurses’ services;
{c) any other special damages claimed.
11 Set forth plaintiff's age at the time of the alleged
malpractice herein.
12. If lack of informed consent is claimed, set forth in what
respects does the plaintiff(s) claim that the answering
defendant(s) failed to inform plaintiff(s) herein of the
risks of the procedure or contemplated procedures to be
performed.
13. Set forth the social security number of the plaintiff.
14, State whether or not plaintiff has been reimbursed for the
claims of economic loss from any collateral source:
(a) If the answer to the forgoing is in the affirmative,
state for which of such claims plaintiff has been
reimbursed, the amount of reimbursement received 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
it was paid;
15 State whether or not plaintiff has made claim for
reimbursement for economic loss to any collateral source
and which has not as yet been paid;
16 If the answer to the foregoing is in the affirmative, state
the name of the person, firm or organization to whom such
claim was presented, the date of presentation, and the
amount claimed;
17 If such claim was presented to an insurance company, state
the number of the policy under which same was made.
18 State in what respect and in what amount it is claimed the
plaintiff sustained damages because of the alleged loss
of service of his/her spouse.
19. If there is a claim of negligence in the hiring, granting
or renewal of privileges to the staff, please state:
se oy
(a) What staff member, by name, was negligently hired
and/or extended privileges;
(b) When there was a failure to investigate that
individual(s);
(c) Who failed to so investigate;
(d) What should have been investigated;
(e) What, in each member(s) past history, would have been
disclosed had that investigation been completed.
20 If a claim of negligence is made in the supervision of
personnel by defendant, please state:
(a) What staff member was not properly supervised;
(b) Who was or should have been supervising that staff
member;
(c) In what manner said staff member was not properly
supervised;
(d) What occurred as a result of that alleged lack of
supervision.
21 State whether plaintiff has applied for or is receiving
Medicare or Medicaid benefits in connection with any
accident or illness (whether or not the accident or illness
is the subject of this litigation).
22 State whether plaintiff has applied for or is receiving
SSI or SSDI benefits in connection with any accident or
illness (whether or not the accident or illness is the
subject of this litigation.
23. State whether any application for Medicare, Medicaid, SSI
and/or SSDI has been denied.
24, State whether plaintiff has appealed or intends to appeal
any denial from Medicare, Medicaid, SSI and/or SSDI
benefits.
PLEASE TAKE FURTHER NOTICE, that upon the failure of
—— So
plaintiff
(s) to comply with this Demand within the time specified,
defendant(s) will move for an Order of Preclusion demanding costs on such
motion.
Dated: Staten Island, New York
July 23, 2014
Yours, etc.,
AMABILE & ERMAN, B.C.
ij
By:
SHARI
W D. STEINFELD
Attorneys for Defendant(s)
PATRICIA C. McCORMACK, MD, P.C.
1000 South Avenue
Staten Island, NY 10314-3407
(718) 370-7030
TO RAVI BATRA, P.C.
The Batra Building
142 Lexington Avenue
New York, NY 10016
Attorneys for Plaintiff(s)
KELLER, O’ REILLY & WATSON
242 Crossways Park West
Woodbury, Ny 11797
Attorneys for Dr. Oami
MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN
Wall Street Plaza
88 Pine Street, 21°* Floor
New York, NY 10005
Attorneys for Dr. Gadomski
RAWLE & HENDERSON
14 Wall Street, Ste. #27
New York, Ny 10005
Attorneys for LAB CORP.
LEWIS RICE & FINGERSH
600 Washington Avenue, Suite 2500
St. Louis, Missouri 631014
Attorneys of Record for LAB CORP.
Preview
= INDEX NO. 150116/2412 NYSCEF BOC. NO. 116 RECEIVED NYSCEF: 07/24/2014 MLM-4925 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND po--- eee + = ee - = 5 + ee INDEX NO. 150116/12 ROBERT VALENTI, Plaintiff(s), - against - DEMAND FOR A VERIFIED * BILL OF PARTICULARS JOHN J. GADOMSKi, M.D., SHIMON OAMI, M.D., LABORATORY CORPORATION OF AMERICA HOLDINGS, LABORATORY CORPORATION OF AMERICA, PATRICIA C. McCORMACK, M.D., PATRICIA C. MCCORMACK, M.D., PLLC; and, PATRICIA C. MCCORMACK MD, P.C., Defendant(s). ~-------------- ------ 4 ------ == + -- ----- I s PLEASE TAKE NOTICE, that the answering defendant(s), PATRICIA MD, P.C., hereby demands that the plaintiff(s) serve a C. McCORMACK, Bill of Particulars, pursuant to Article 30, Section 3041 of the verified CPLR, within 20 days after service of this Demand as follows: 1. Name, address and date of birth of plaintiff(s). 2. Set forth each and every act of malpractice on the (a) part of the answering defendant(s) which it will be claimed constitutes malpractice as alleged in the Complaint. (b) Set forth the date, time and place such acts are alleged to have been committed. A general statement of the standards of medical practice from which it is claimed that the answering defendant deviated. 4. Set forth each and every injury which it is alleged by the plaintiff(s) to have been caused by the aforementioned alleged malpractice and is casually related thereto. —_ | injury which the plaintiff claims 5. Set forth each and every to be permanent. of t ime plaintiff(s) claim to have Set forth the length been confined to: (a) hospitals; (b) bed; (c) house. special damages by reason of 7. If the (s) plaintiff claims incurred for the treatment of any hospital expenses or condition alleged to have been due to the negligence answering defendant(s), set forth: malpractice of the and address of each such hospital; (a) name amount of each hospital bill; (0) the bills. photostatic copies of all hospital (c) to have sustained special damages 8. Tf plaintiff(s ) claims for the treatment of any for physicians’ services in curred to the negligence or condition alleged to have been due set forth: ndant(s), malpractice of the answering defe and address of each such physician; (a) name of their respective bills. (b) the amount claims any loss of wages, salary or If the plaintiff({s) earnings by reason of the neg lige nce or malpractice of the answering defendant(s), set forth: (a) occupation of plaintiff; of address of employer on occasion (b) name and first visit to the answering plaintiff's defendant (s); is claimed plaintiff (c) specify each and every date it studies; was incapac. itated from employment or to gainful employment or (a) first date or return ddress thereof; studies, including name and a med, if any. (e) total loss of earnings clai as special damages as a 10 Set forth total amount claimed of the alleged negligence or maipra ctice result. of answering defendant(s), as follows: (a) medical supplies (b) nurses’ services; {c) any other special damages claimed. 11 Set forth plaintiff's age at the time of the alleged malpractice herein. 12. If lack of informed consent is claimed, set forth in what respects does the plaintiff(s) claim that the answering defendant(s) failed to inform plaintiff(s) herein of the risks of the procedure or contemplated procedures to be performed. 13. Set forth the social security number of the plaintiff. 14, State whether or not plaintiff has been reimbursed for the claims of economic loss from any collateral source: (a) If the answer to the forgoing is in the affirmative, state for which of such claims plaintiff has been reimbursed, the amount of reimbursement received 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 it was paid; 15 State whether or not plaintiff has made claim for reimbursement for economic loss to any collateral source and which has not as yet been paid; 16 If the answer to the foregoing is in the affirmative, state the name of the person, firm or organization to whom such claim was presented, the date of presentation, and the amount claimed; 17 If such claim was presented to an insurance company, state the number of the policy under which same was made. 18 State in what respect and in what amount it is claimed the plaintiff sustained damages because of the alleged loss of service of his/her spouse. 19. If there is a claim of negligence in the hiring, granting or renewal of privileges to the staff, please state: se oy (a) What staff member, by name, was negligently hired and/or extended privileges; (b) When there was a failure to investigate that individual(s); (c) Who failed to so investigate; (d) What should have been investigated; (e) What, in each member(s) past history, would have been disclosed had that investigation been completed. 20 If a claim of negligence is made in the supervision of personnel by defendant, please state: (a) What staff member was not properly supervised; (b) Who was or should have been supervising that staff member; (c) In what manner said staff member was not properly supervised; (d) What occurred as a result of that alleged lack of supervision. 21 State whether plaintiff has applied for or is receiving Medicare or Medicaid benefits in connection with any accident or illness (whether or not the accident or illness is the subject of this litigation). 22 State whether plaintiff has applied for or is receiving SSI or SSDI benefits in connection with any accident or illness (whether or not the accident or illness is the subject of this litigation. 23. State whether any application for Medicare, Medicaid, SSI and/or SSDI has been denied. 24, State whether plaintiff has appealed or intends to appeal any denial from Medicare, Medicaid, SSI and/or SSDI benefits. PLEASE TAKE FURTHER NOTICE, that upon the failure of —— So plaintiff (s) to comply with this Demand within the time specified, defendant(s) will move for an Order of Preclusion demanding costs on such motion. Dated: Staten Island, New York July 23, 2014 Yours, etc., AMABILE & ERMAN, B.C. ij By: SHARI W D. STEINFELD Attorneys for Defendant(s) PATRICIA C. McCORMACK, MD, P.C. 1000 South Avenue Staten Island, NY 10314-3407 (718) 370-7030 TO RAVI BATRA, P.C. The Batra Building 142 Lexington Avenue New York, NY 10016 Attorneys for Plaintiff(s) KELLER, O’ REILLY & WATSON 242 Crossways Park West Woodbury, Ny 11797 Attorneys for Dr. Oami MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN Wall Street Plaza 88 Pine Street, 21°* Floor New York, NY 10005 Attorneys for Dr. Gadomski RAWLE & HENDERSON 14 Wall Street, Ste. #27 New York, Ny 10005 Attorneys for LAB CORP. LEWIS RICE & FINGERSH 600 Washington Avenue, Suite 2500 St. Louis, Missouri 631014 Attorneys of Record for LAB CORP.