Preview
FILED: BRONX COUNTY CLERK 01/07/2020 03:29 PM INDEX NO. 34216/2019E
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/07/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
x
SUSAN WILAMOWSKI and JAY
WLAMOWSKI,
DEMAND FOR A VERIFIED BILL
Plaintiffs, OF PARTICULARS AS TO SHAMA
SAQI, M.D.
- against -
Index No. 34216/2019E
THE JEWISH BOARD and SHAMA SAQI, M.D.,
Defendants.
x
COUNSELORS:
PLEASE TAKE NOTICE, that defendant, SHAMA SAQI, MD hereby demands that
plaintiff(s) serve on the undersigned within twenty (20) days from the date of service hereof, a
Verified Bill of Particulars with respect to the following matters concerning the allegations in the
complaint against the above named defendant:
1. State the (a) date and place of birth of plaintiff; (b) residence address of the
plaintiff(s) at the time this action was commenced; (c) residence address of the plaintiff at the
time of the alleged negligence; (d) social security number of plaintiff; and (e) Medicare Health
Insurance Claim Number (HICN) of plaintiff(s).
2. Set forth a general statement of the acts or omissions of this defendant that are
claimed to constitute a departure from good and accepted medical practice.
3. Set forth the date(s) of this defendant's alleged negligence.
4. Set forth:
(a) The dates of first and last services rendered by each defendant;
(b) The place or places where the services were rendered by each defendant.
5. If plaintiff(s) charges this defendant with a misdiagnosis, identify the alleged
misdiagnosis and set forth the diagnosis claimed to be theproper one.
6. If plaintiff(s) charges this defendant with having failed to administer a diagnostic test
or procedure, state the test or diagnostic procedure claimed to have been required and when and
where each test or diagnostic procedure should have been performed.
7. If plaintiff(s) charges this defendant with having failed to administer a particular
course of therapy, state the medicines, treatments and surgical procedures claimed to have been
required and when and where each should have been administered or performed.
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8. If plaintiff(s) charges this defendant with having administered contraindicated
medicines, treatments, tests and/or surgical procedures, identify each and the conditions existing
which, itis chimed, contraindicated the medicine, treatment, test and/or surgical procedure.
9. If plaintiff(s) charges this defendant with negligently having administered a medicine,
treatment, test or surgical procedure, identify each so claimed and set forth the manner in which
the technique employed by this defendant departed from such standards.
10. If any special damages are claimed as a result of the alleged negligence, set forth,
including but not limited to, the following:
(a) The charges for the any and all hospitalizations, separately listing each
hospital bill;
Physicians'
(b) charges;
(c) Charges for medicines, itemizing the medicines charged for;
(d) Nursing changes; and,
(e) Specify by category and amount any other special damages claimed.
11. Pursüãüt to CPLR 4545, identify the party who paid the damages claimed in
paragraph 10 above, including the relationship of the plaintiff(s) to that party. If the third party
payments were made as a result of reimbursements through an insurance company, set forth the
complete name and address of the compañy, the complete name of the person in whose name the
policy was issued, the state the policy was issued, the date of the policy's inception, the name of
the plan and the policy number.
12. Set forth the full names and addresses of each and every person that plaintiff(s) will
claim, at the time of trial, observed this defendant's acts of alleged malpractice.
13. If plaintiff(s) charges this defendant with lack of informed consent, set forth and
describe:
(a) That aspect of defendant's treatment which itwill be claimed exposed
plaintiffs to material risks sufficient to require disclosure;
(b) Identify each risk or danger of defendant's treatment which itwill be
claimed should have been, but was not, disclosed by this defendant;
(c) State in what respect plaintiff(s) will claim this defendant's disclosure was
unreasonably inadequate;
(d) State what course of treatment would plaintiff have chosen ifthis
defendant reasonably disclosed the material risks of the treatment
administered;
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(e) Set forth what available alternative choices of treatment could have been
administered but were not disclosed and describe each alternative;
(f) Set forth the date on which plaintiff(s) claims this defendant should have
obtained an informed consent; and,
(g) Identify by name and corresponding position with the defendant each and
every employee or agent of said defendant whom plaintiff(s) charges with
having failed to obtain an informed consent.
14. Set forth the full names and addresses of each and every hospital, institution, facility
or clinic in which the plaintiff ever received medical treatment, prior to the alleged malpractice,
for any injury, illness or other condition with dates of confinement or outpatient treatment.
15. Set forth the nature of the condition for which the plaintiff sought and accepted the
medical treatment rendered by this defendant.
16. The nature, location, extent and duration of each injury which, itwill be claimed, was
caused by the negligence of this defendant. If any injuries are claimed to be permanent, specify
each so claimed.
17. Set forth the full name and address of each and every subsequent treating physician
from whom medical treatment or consultation was sought by the plaintiff by reason of the
injuries allegedly sustained.
18. Set forth full name and address of each and every physician seen by plaintiff patient
for consultation, physical examination and or medical tests at the direction or referral of legal
counsel. Set forth dates of each such examination or treatment.
19. Set forth each and every condition which plaintiff(s) claim this defendant
exacerbated.
20. If it will be claimed that the aforesaid injuries necessitated any hospitalizations of
plaintiff, set forth the name and address of each hospital with dates of confinement or outpatient
treatment.
21. If it will be claimed that the aforesaid injuries necessitated treatment at any other
institutions, set forth the name and address of each institution with dates of confinement.
22. If it will be claimed that the aforesaid injuries necessitated confinement to bed or
home, set forth the following:
(a) The dates of confinement to home;
(b) The dates of confinement to bed.
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23. Set forth the full caption of each and every lawsuit brought on behalf of the plaintiff
to recover damages for any connected or aggravated injuries allegedly caused and sustained by
reason of the acts of one or more preceding, joint, concurrent and/or succeeding tortfeasors,
including:
(a) Court;
(b) Index Number;
(c) Calendar Number;
(d) Names and addresses of alllitigants;
(e) Names and addresses of allattorneys appearing for litigants;
(f) Status of lawsuit:
(i) ifnoticed for trial, specify the date;
(ii) if settled, annex a copy of each releaser delivered indicating the
amounts contributed by each defendant;
(iii) if discontinued without payment, annex a copy of each stipulation
so delivered to each defendant;
(iv) if tried, annex a copy of the judgment with notice of entry; and,
(v) if judgment was satisfied, set forth date and amount of payment
and annex a copy of satisfaction ofjudgment.
24. Ifit isclaimed that this defendant violated or departed from the terms of any statutes,
laws or ordinances, set forth the specific statute, law or ordinance alleged to have been violated
or from which departure is claimed and the specific acts and/or omissions alleged to be the basis
for the claim of violation or departure, including dates, times and places of all such acts and/or
omissions.
25. If a claim for loss of services is being made, state:
(a) Relationship of person claiming loss of services to patient; ifclaimant is
spouse of patient, date and place of marriage;
(b) Nature of services previously provided that patient is no longer able to
provide as a result of defendant's alleged negligence, length of time
plaintiff was unable to provide these services;
(c) Frequency with which each such service was previously provided to
claimant by the patient;
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(d) Has claimant incurred any expenses replacing the services previously
provided by the patient? If yes, how much and to whom?
PLEASE TAKE FURTHER NOTICE, that in the event of the plaintiffs failure to comply
with the foregoing Demand for a Verified Bill of Particulars within twenty (20) days, defendant,
SHAMA SAQI, MD will move to preclude the offering of any evidence as to the matters herein
demanded and for costs of such motion.
Dated: New York, New York
January 7, 2020
Yours, etc.,
BY: Barbara A. Ryan
AARONSON RAPPAPORT FE1NSTEIN
& DEUTSCH, LLP
Attorneys for Shama Saqi, M.D.
Office & P.O. Address
600 Third Avenue
New York, New York 10016
Tel.: (212) 593-6700
To: James Newman, P.C.
2815 Waterbury Avenue
Bronx NY 10461
718-823-3122
Attorney for Plaintiff
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Preview
FILED: BRONX COUNTY CLERK 01/07/2020 03:29 PM INDEX NO. 34216/2019E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/07/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX x SUSAN WILAMOWSKI and JAY WLAMOWSKI, DEMAND FOR A VERIFIED BILL Plaintiffs, OF PARTICULARS AS TO SHAMA SAQI, M.D. - against - Index No. 34216/2019E THE JEWISH BOARD and SHAMA SAQI, M.D., Defendants. x COUNSELORS: PLEASE TAKE NOTICE, that defendant, SHAMA SAQI, MD hereby demands that plaintiff(s) serve on the undersigned within twenty (20) days from the date of service hereof, a Verified Bill of Particulars with respect to the following matters concerning the allegations in the complaint against the above named defendant: 1. State the (a) date and place of birth of plaintiff; (b) residence address of the plaintiff(s) at the time this action was commenced; (c) residence address of the plaintiff at the time of the alleged negligence; (d) social security number of plaintiff; and (e) Medicare Health Insurance Claim Number (HICN) of plaintiff(s). 2. Set forth a general statement of the acts or omissions of this defendant that are claimed to constitute a departure from good and accepted medical practice. 3. Set forth the date(s) of this defendant's alleged negligence. 4. Set forth: (a) The dates of first and last services rendered by each defendant; (b) The place or places where the services were rendered by each defendant. 5. If plaintiff(s) charges this defendant with a misdiagnosis, identify the alleged misdiagnosis and set forth the diagnosis claimed to be theproper one. 6. If plaintiff(s) charges this defendant with having failed to administer a diagnostic test or procedure, state the test or diagnostic procedure claimed to have been required and when and where each test or diagnostic procedure should have been performed. 7. If plaintiff(s) charges this defendant with having failed to administer a particular course of therapy, state the medicines, treatments and surgical procedures claimed to have been required and when and where each should have been administered or performed. 1 of 5 FILED: BRONX COUNTY CLERK 01/07/2020 03:29 PM INDEX NO. 34216/2019E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/07/2020 8. If plaintiff(s) charges this defendant with having administered contraindicated medicines, treatments, tests and/or surgical procedures, identify each and the conditions existing which, itis chimed, contraindicated the medicine, treatment, test and/or surgical procedure. 9. If plaintiff(s) charges this defendant with negligently having administered a medicine, treatment, test or surgical procedure, identify each so claimed and set forth the manner in which the technique employed by this defendant departed from such standards. 10. If any special damages are claimed as a result of the alleged negligence, set forth, including but not limited to, the following: (a) The charges for the any and all hospitalizations, separately listing each hospital bill; Physicians' (b) charges; (c) Charges for medicines, itemizing the medicines charged for; (d) Nursing changes; and, (e) Specify by category and amount any other special damages claimed. 11. Pursüãüt to CPLR 4545, identify the party who paid the damages claimed in paragraph 10 above, including the relationship of the plaintiff(s) to that party. If the third party payments were made as a result of reimbursements through an insurance company, set forth the complete name and address of the compañy, the complete name of the person in whose name the policy was issued, the state the policy was issued, the date of the policy's inception, the name of the plan and the policy number. 12. Set forth the full names and addresses of each and every person that plaintiff(s) will claim, at the time of trial, observed this defendant's acts of alleged malpractice. 13. If plaintiff(s) charges this defendant with lack of informed consent, set forth and describe: (a) That aspect of defendant's treatment which itwill be claimed exposed plaintiffs to material risks sufficient to require disclosure; (b) Identify each risk or danger of defendant's treatment which itwill be claimed should have been, but was not, disclosed by this defendant; (c) State in what respect plaintiff(s) will claim this defendant's disclosure was unreasonably inadequate; (d) State what course of treatment would plaintiff have chosen ifthis defendant reasonably disclosed the material risks of the treatment administered; -2- 2 of 5 FILED: BRONX COUNTY CLERK 01/07/2020 03:29 PM INDEX NO. 34216/2019E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/07/2020 (e) Set forth what available alternative choices of treatment could have been administered but were not disclosed and describe each alternative; (f) Set forth the date on which plaintiff(s) claims this defendant should have obtained an informed consent; and, (g) Identify by name and corresponding position with the defendant each and every employee or agent of said defendant whom plaintiff(s) charges with having failed to obtain an informed consent. 14. Set forth the full names and addresses of each and every hospital, institution, facility or clinic in which the plaintiff ever received medical treatment, prior to the alleged malpractice, for any injury, illness or other condition with dates of confinement or outpatient treatment. 15. Set forth the nature of the condition for which the plaintiff sought and accepted the medical treatment rendered by this defendant. 16. The nature, location, extent and duration of each injury which, itwill be claimed, was caused by the negligence of this defendant. If any injuries are claimed to be permanent, specify each so claimed. 17. Set forth the full name and address of each and every subsequent treating physician from whom medical treatment or consultation was sought by the plaintiff by reason of the injuries allegedly sustained. 18. Set forth full name and address of each and every physician seen by plaintiff patient for consultation, physical examination and or medical tests at the direction or referral of legal counsel. Set forth dates of each such examination or treatment. 19. Set forth each and every condition which plaintiff(s) claim this defendant exacerbated. 20. If it will be claimed that the aforesaid injuries necessitated any hospitalizations of plaintiff, set forth the name and address of each hospital with dates of confinement or outpatient treatment. 21. If it will be claimed that the aforesaid injuries necessitated treatment at any other institutions, set forth the name and address of each institution with dates of confinement. 22. If it will be claimed that the aforesaid injuries necessitated confinement to bed or home, set forth the following: (a) The dates of confinement to home; (b) The dates of confinement to bed. -3- 3 of 5 FILED: BRONX COUNTY CLERK 01/07/2020 03:29 PM INDEX NO. 34216/2019E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/07/2020 23. Set forth the full caption of each and every lawsuit brought on behalf of the plaintiff to recover damages for any connected or aggravated injuries allegedly caused and sustained by reason of the acts of one or more preceding, joint, concurrent and/or succeeding tortfeasors, including: (a) Court; (b) Index Number; (c) Calendar Number; (d) Names and addresses of alllitigants; (e) Names and addresses of allattorneys appearing for litigants; (f) Status of lawsuit: (i) ifnoticed for trial, specify the date; (ii) if settled, annex a copy of each releaser delivered indicating the amounts contributed by each defendant; (iii) if discontinued without payment, annex a copy of each stipulation so delivered to each defendant; (iv) if tried, annex a copy of the judgment with notice of entry; and, (v) if judgment was satisfied, set forth date and amount of payment and annex a copy of satisfaction ofjudgment. 24. Ifit isclaimed that this defendant violated or departed from the terms of any statutes, laws or ordinances, set forth the specific statute, law or ordinance alleged to have been violated or from which departure is claimed and the specific acts and/or omissions alleged to be the basis for the claim of violation or departure, including dates, times and places of all such acts and/or omissions. 25. If a claim for loss of services is being made, state: (a) Relationship of person claiming loss of services to patient; ifclaimant is spouse of patient, date and place of marriage; (b) Nature of services previously provided that patient is no longer able to provide as a result of defendant's alleged negligence, length of time plaintiff was unable to provide these services; (c) Frequency with which each such service was previously provided to claimant by the patient; -4- 4 of 5 FILED: BRONX COUNTY CLERK 01/07/2020 03:29 PM INDEX NO. 34216/2019E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/07/2020 (d) Has claimant incurred any expenses replacing the services previously provided by the patient? If yes, how much and to whom? PLEASE TAKE FURTHER NOTICE, that in the event of the plaintiffs failure to comply with the foregoing Demand for a Verified Bill of Particulars within twenty (20) days, defendant, SHAMA SAQI, MD will move to preclude the offering of any evidence as to the matters herein demanded and for costs of such motion. Dated: New York, New York January 7, 2020 Yours, etc., BY: Barbara A. Ryan AARONSON RAPPAPORT FE1NSTEIN & DEUTSCH, LLP Attorneys for Shama Saqi, M.D. Office & P.O. Address 600 Third Avenue New York, New York 10016 Tel.: (212) 593-6700 To: James Newman, P.C. 2815 Waterbury Avenue Bronx NY 10461 718-823-3122 Attorney for Plaintiff -5- 5 of 5