Preview
Filing # 106295727 E-Filed 04/15/2020 04:02:22 PM
2229-080
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
BELINDHA RUSSELL, as the Personal
Representative of the Estate of ROLAND J.
CAJUSTE (deceased),
Plaintiff(s), CASE NO.: 2017-CA-004662-O
vs.
ADVENTIST HEALTH
SYSTEM/SUNBELT, INC. d/b/a
FLORIDA HOSPITAL EAST d/b/a
FLORIDA HOSPITAL ORLANDO;
FLORIDA HOSPITAL MEDICAL
GROUP, INC. d/b/a RADIOLOGY
SPECIALISTS OF FLORIDA;
PEDIATRIC CARE GROUP, P.A.,
FLORIDA EMERGENCY PHYSICIANS
KANG & ASSOCIATES, M.D., INC.,
ALFREDO TIRADO GONZALEZ, M.D.,
KIMBERLY R. BUFFIN, M.D., DENNIS
A. HERNANDEZ, M.D., DOUGLAS M.
HAUS, M.D., LUIS R. CAMPIS
VAZQUEZ, M.D., KATARINA M.
NAMMOUR, ARNP,
Defendant(s).
___________________________________/
DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION TO COMPEL
DEFENDANT, PEDIATRIC CARE GROUP, P.A. TO PRODUCE PLAINTIFF’S
ELECTRONIC MEDICAL RECORDS
COMES NOW Defendant, PEDIATRIC CARE GROUP, P.A., by and through the
undersigned attorneys, and file their Response to Plaintiff’s Motion to Compel
Defendant, PEDIATRIC CARE GROUP, P.A. to Produce Plaintiff’s Electronic Medical
Records and in support thereof states as follows:
Case No.: 2017-CA-004662-O
1. On October 29, 2018, Plaintiff served a Request for Production to
Defendant seeking the audit trail for decedent’s medical records.
2. On December 13, 2018, Defendant served their initial response to the
Request for Production. In response, Defendant indicated that it had requested the
documents and would be produced if they existed. Exhibit A.
3. On January 15, 2020, Plaintiffs filed a Motion to Compel seeking
Defendant to produce the requested electronic medical records within 30 days of a Court
Order.
4. On March 31, 2020, Defendant supplemented their Answers to Plaintiff’s
Request to Produce and advised Plaintiffs that Defendant did not have any responsive
documents. Exhibit B.
5. As a result, Defendant has provided an adequate and complete response to
Plaintiff’s Request to Produce and the Motion to Compel is moot.
WHEREFORE, Defendant requests this Court enter an Order denying Plaintiff’s
Motion to Compel as being moot.
CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of April, 2020, a true and correct copy of the
foregoing has been electronically filed with the Clerk of the Court by using the Florida
Courts E-Filing Portal, and furnished via email to the following: Maria D. Tejedor,
Esquire, Diez-Arguelles & Tejedor, P.A., 505 N. Mills Avenue, Orlando, FL 32803;
Patrick H. Telan, Esquire, Grower, Ketcham, Eide, Telan & Meltz, P.A., P.O. Box
538065, Orlando, FL 32853-8065; J. Charles Ingram, Esquire, Estes, Ingram, Foels &
Gibbs, P.A., 2600 Lake Lucien Drive, Suite 330, Maitland, FL 32751; Robert D. Henry,
Esquire, Ringer, Henry, Buckley & Seacord, P.A., Post Office. Box 4922, Orlando, FL
32802-4922; Barbara A. Flanagan, Esquire, Wicker Smith O'Hara McCoy & Ford, P.A.,
2
Case No.: 2017-CA-004662-O
390 N. Orange Avenue, Suite 1000, Orlando, FL 32801; at the following email
addresses:
mail@theorlandolawyers.com
leah@theorlandolawyers.com
jci@eifg-law.com
pbp@eifg-law.com
phtelan@growerketcham.com
enotice@growerketcham.com
cboals@growerketcham.com
service-henry@ringerhenry.com
orlcrtpleadings@wickersmith.com
/s/ Wilbert R. Vancol
ThomasE.D
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Filing # 82104715 E-Filed 12/13/2018 05:44:11 PM
2229-080
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
BELINDHA RUSSELL, as the Personal
Representative of the Estate of ROLAND
L. CAJUSTE, a deceased minor child and
on behalf of MARIE O. CAJUSTE and
JOSEPH L. CAJUSTE, natural parents and CASE NO.: 2017-CA-004662-O
survivors to the Estate of ROLAND L.
CAJUSTE, a deceased minor child,
Plaintiffs,
vs.
ADVENTIST HEALTH
SYSTEM/SUNBELT, INC. d/b/a
FLORIDA HOSPITAL EAST d/b/a
FLORIDA HOSPITAL ORLANDO;
FLORIDA HOSPITAL MEDICAL
GROUP, INC. d/b/a RADIOLOGY
SPECIALISTS OF FLORIDA;
PEDIATRIC CARE GROUP, P.A.,
FLORIDA EMERGENCY PHYSICIANS
KANG & ASSOCIATES, M.D., INC.,
ALFREDO TIRADO GONZALEZ, M.D.,
KIMBERLY R. BUFFIN, M.D., DENNIS
A. HERNANDEZ, M.D., DOUGLAS M.
HAUS, M.D., LUIS R. CAMPIS
VAZQUEZ, M.D., KATARINA M.
NAMMOUR, ARNP, JANE C. COOK,
D.O.,
Defendants.
___________________________________/
DEFENDANT'S RESPONSE TO PLAINTIFF’S REQUEST TO PRODUCE
COMES NOW Defendant, PEDIATRIC CARE GROUP, P.A., by and through the
undersigned attorneys, and hereby files this Response to Plaintiff’s Request to Produce
filed on October 29, 2018, as follows:
Exhibit A
Case No.: 2017-CA-004662-O
1. The complete audit trail for the electronic medical records (EMR) and/or
Electronic Health Records (EHR) for RONALD L. CAJUSTE pertaining to any and all
hospitalizations at FLORIDA HOSPITAL EAST d/b/a FLORIDA HOSPITAL
ORLANDO and/or presentations to PEDIATRIC CARE GROUP, P.A., for 2015, 2016,
2017, and 2018. Such request includes but is not limited to:
a. Disclosures and/or log entries of each and every user who accessed RONALD
CAJUSTE’s medical history, pharmacy, laboratory, or any other record
during or after his hospitalization and/or presentation, including the date and
time of each and every access by each and every user level of security;
b. Identification of each login by number and user (include full name and
department and the location of the terminal from which the file was
accessed)(passwords are not requested);
c. The action that each user authorized, ordered or completed; the portion of the
RONALD CAJUSTE’s record which was accessed, whether or not any
modifications or additional were made; the specific modifications made to the
medical records; any amendment to any record; any supplement to any part of
the record; any deletion of any part of the record; any change to the record in
ANY way; and the time and reason of such access and/or change of record;
d. A log or printout listing each and every time any x-ray, MRI, CT scan, or
other imaging or radiology study was viewed and/or ordered; and each and
every time any other study, laboratory result, or data relating to RONALD
CAJUSTE’s care was viewed and/or ordered on the computer system; and by
whom, with date, time, and location of viewing.
RESPONSE: This information has been requested and will be provided under
separate cover should it exist.
2. A corresponding legend, reference, or guide that defines any and all abbreviations or
codes which appear in the documents provided pursuant to this request.
RESPONSE: This information has been requested and will be provided under
separate cover should it exist.
2
Exhibit A
Case No.: 2017-CA-004662-O
CERTIFICATE OF SERVICE
I hereby certify that on this 13th day of December, 2018, a true and correct copy of
the foregoing has been electronically filed with the Clerk of the Court by using the
Florida Courts E-Filing Portal, and furnished via email to the following: Maria D.
Tejedor, Esquire, Diez-Arguelles & Tejedor, P.A., 505 N. Mills Avenue, Orlando, FL
32803; Patrick H. Telan, Esquire, Grower, Ketcham, Eide, Telan & Meltz, P.A., P.O.
Box 538065, Orlando, FL 32853-8065; J. Charles Ingram, Esquire, Estes, Ingram, Foels
& Gibbs, 2600 Lake Lucien Drive, Suite 330, Maitland, FL 32751; at the following email
addresses:
mail@theorlandolawyers.com
leah@theorlandolawyers.com
jci@eifg-law.com
pbp@eifg-law.com
phtelan@growerketcham.com
enotice@growerketcham.com
cboals@growerketcham.com
/s/ Shenele E. Pettis
Thomas E. Dukes, III
Florida Bar No.: 0444146
tdukes@mmdorl.com
Shenele E Pettis
Florida Bar No.: 0119331
McEwan, Martinez, Dukes & Hall, P.A.
Post Office Box 753
Orlando, FL 32802-0753
Telephone: (407) 423-8571
Facsimile: (407) 423-8637
E-Service: NOS@mmdorl.com
Attorneys for Defendant, PEDIATRIC
CARE GROUP, P.A.
3
Exhibit A
Filing # 105690169 E-Filed 03/31/2020 04:04:14 PM
2229-080
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
BELINDHA RUSSELL, as the Personal
Representative of the Estate of ROLAND
L. CAJUSTE, a deceased minor child and
on behalf of MARIE O. CAJUSTE and
JOSEPH L. CAJUSTE, natural parents and CASE NO.: 2017-CA-004662-O
survivors to the Estate of ROLAND L.
CAJUSTE, a deceased minor child,
Plaintiffs,
vs.
ADVENTIST HEALTH
SYSTEM/SUNBELT, INC. d/b/a
FLORIDA HOSPITAL EAST d/b/a
FLORIDA HOSPITAL ORLANDO;
FLORIDA HOSPITAL MEDICAL
GROUP, INC. d/b/a RADIOLOGY
SPECIALISTS OF FLORIDA;
PEDIATRIC CARE GROUP, P.A.,
FLORIDA EMERGENCY PHYSICIANS
KANG & ASSOCIATES, M.D., INC.,
ALFREDO TIRADO GONZALEZ, M.D.,
KIMBERLY R. BUFFIN, M.D., DENNIS
A. HERNANDEZ, M.D., DOUGLAS M.
HAUS, M.D., LUIS R. CAMPIS
VAZQUEZ, M.D., KATARINA M.
NAMMOUR, ARNP, JANE C. COOK,
D.O.,
Defendants.
___________________________________/
DEFENDANT'S SUPPLEMENTAL RESPONSE TO PLAINTIFF’S REQUEST
TO PRODUCE
COMES NOW Defendant, PEDIATRIC CARE GROUP, P.A., by and through the
undersigned attorneys, and hereby files this Supplemental Response to Plaintiff’s Request
to Produce filed on October 29, 2018, as follows:
Exhibit B
Case No.: 2017-CA-004662-O
1. The complete audit trail for the electronic medical records (EMR) and/or
Electronic Health Records (EHR) for RONALD L. CAJUSTE pertaining to any and all
hospitalizations at FLORIDA HOSPITAL EAST d/b/a FLORIDA HOSPITAL
ORLANDO and/or presentations to PEDIATRIC CARE GROUP, P.A., for 2015, 2016,
2017, and 2018. Such request includes but is not limited to:
a. Disclosures and/or log entries of each and every user who accessed RONALD
CAJUSTE’s medical history, pharmacy, laboratory, or any other record
during or after his hospitalization and/or presentation, including the date and
time of each and every access by each and every user level of security;
b. Identification of each login by number and user (include full name and
department and the location of the terminal from which the file was
accessed)(passwords are not requested);
c. The action that each user authorized, ordered or completed; the portion of the
RONALD CAJUSTE’s record which was accessed, whether or not any
modifications or additional were made; the specific modifications made to the
medical records; any amendment to any record; any supplement to any part of
the record; any deletion of any part of the record; any change to the record in
ANY way; and the time and reason of such access and/or change of record;
d. A log or printout listing each and every time any x-ray, MRI, CT scan, or
other imaging or radiology study was viewed and/or ordered; and each and
every time any other study, laboratory result, or data relating to RONALD
CAJUSTE’s care was viewed and/or ordered on the computer system; and by
whom, with date, time, and location of viewing.
RESPONSE: None in Defendant’s possession. All medical record relevant to
Roland Cajuste were generated in 2015. During that timeframe, medical
records for this Defendant were handwritten and no audit trail exists.
2. A corresponding legend, reference, or guide that defines any and all abbreviations or
codes which appear in the documents provided pursuant to this request.
RESPONSE: Not applicable.
2
Exhibit B
Case No.: 2017-CA-004662-O
CERTIFICATE OF SERVICE
I hereby certify that on this 31st day of March 2020, a true and correct copy of the
foregoing has been electronically filed with the Clerk of the Court by using the Florida
Courts E-Filing Portal, and furnished via email to the following: Maria D. Tejedor,
Esquire, Diez-Arguelles & Tejedor, P.A., 505 N. Mills Avenue, Orlando, FL 32803;
Patrick H. Telan, Esquire, Grower, Ketcham, Eide, Telan & Meltz, P.A., P.O. Box
538065, Orlando, FL 32853-8065; J. Charles Ingram, Esquire, Estes, Ingram, Foels &
Gibbs, 2600 Lake Lucien Drive, Suite 330, Maitland, FL 32751; at the following email
addresses:
mail@theorlandolawyers.com
leah@theorlandolawyers.com
jci@eifg-law.com
pbp@eifg-law.com
phtelan@growerketcham.com
enotice@growerketcham.com
cboals@growerketcham.com
/s/ Wilbert R. Vancol
Thomas E. Dukes, III
Florida Bar No.: 0444146
tdukes@mmdorl.com
Wilbert R. Vancol
Florida Bar No.: 0093132
wvancol@mmdorl.com
McEwan, Martinez, Dukes & Hall, P.A.
Post Office Box 753
Orlando, FL 32802-0753
Telephone: (407) 423-8571
Facsimile: (407) 423-8637
E-Service: NOS@mmdorl.com
Attorneys for Defendant, PEDIATRIC
CARE GROUP, P.A.
3
Exhibit B
Preview
Filing # 106295727 E-Filed 04/15/2020 04:02:22 PM 2229-080 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA BELINDHA RUSSELL, as the Personal Representative of the Estate of ROLAND J. CAJUSTE (deceased), Plaintiff(s), CASE NO.: 2017-CA-004662-O vs. ADVENTIST HEALTH SYSTEM/SUNBELT, INC. d/b/a FLORIDA HOSPITAL EAST d/b/a FLORIDA HOSPITAL ORLANDO; FLORIDA HOSPITAL MEDICAL GROUP, INC. d/b/a RADIOLOGY SPECIALISTS OF FLORIDA; PEDIATRIC CARE GROUP, P.A., FLORIDA EMERGENCY PHYSICIANS KANG & ASSOCIATES, M.D., INC., ALFREDO TIRADO GONZALEZ, M.D., KIMBERLY R. BUFFIN, M.D., DENNIS A. HERNANDEZ, M.D., DOUGLAS M. HAUS, M.D., LUIS R. CAMPIS VAZQUEZ, M.D., KATARINA M. NAMMOUR, ARNP, Defendant(s). ___________________________________/ DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION TO COMPEL DEFENDANT, PEDIATRIC CARE GROUP, P.A. TO PRODUCE PLAINTIFF’S ELECTRONIC MEDICAL RECORDS COMES NOW Defendant, PEDIATRIC CARE GROUP, P.A., by and through the undersigned attorneys, and file their Response to Plaintiff’s Motion to Compel Defendant, PEDIATRIC CARE GROUP, P.A. to Produce Plaintiff’s Electronic Medical Records and in support thereof states as follows: Case No.: 2017-CA-004662-O 1. On October 29, 2018, Plaintiff served a Request for Production to Defendant seeking the audit trail for decedent’s medical records. 2. On December 13, 2018, Defendant served their initial response to the Request for Production. In response, Defendant indicated that it had requested the documents and would be produced if they existed. Exhibit A. 3. On January 15, 2020, Plaintiffs filed a Motion to Compel seeking Defendant to produce the requested electronic medical records within 30 days of a Court Order. 4. On March 31, 2020, Defendant supplemented their Answers to Plaintiff’s Request to Produce and advised Plaintiffs that Defendant did not have any responsive documents. Exhibit B. 5. As a result, Defendant has provided an adequate and complete response to Plaintiff’s Request to Produce and the Motion to Compel is moot. WHEREFORE, Defendant requests this Court enter an Order denying Plaintiff’s Motion to Compel as being moot. CERTIFICATE OF SERVICE I hereby certify that on this 15th day of April, 2020, a true and correct copy of the foregoing has been electronically filed with the Clerk of the Court by using the Florida Courts E-Filing Portal, and furnished via email to the following: Maria D. Tejedor, Esquire, Diez-Arguelles & Tejedor, P.A., 505 N. Mills Avenue, Orlando, FL 32803; Patrick H. Telan, Esquire, Grower, Ketcham, Eide, Telan & Meltz, P.A., P.O. Box 538065, Orlando, FL 32853-8065; J. Charles Ingram, Esquire, Estes, Ingram, Foels & Gibbs, P.A., 2600 Lake Lucien Drive, Suite 330, Maitland, FL 32751; Robert D. Henry, Esquire, Ringer, Henry, Buckley & Seacord, P.A., Post Office. Box 4922, Orlando, FL 32802-4922; Barbara A. Flanagan, Esquire, Wicker Smith O'Hara McCoy & Ford, P.A., 2 Case No.: 2017-CA-004662-O 390 N. Orange Avenue, Suite 1000, Orlando, FL 32801; at the following email addresses: mail@theorlandolawyers.com leah@theorlandolawyers.com jci@eifg-law.com pbp@eifg-law.com phtelan@growerketcham.com enotice@growerketcham.com cboals@growerketcham.com service-henry@ringerhenry.com orlcrtpleadings@wickersmith.com /s/ Wilbert R. Vancol ThomasE.D ukes,I FloridaBarNo.: 41 0 6 td ukes@ mdorl.com Wilbert R. Vancol FloridaBarNo.: 31 9 0 2 wvanc ol@ mdorl.com Mcw Ean,Martinez,D ukes&Hall,PA .. PostOficeBox73 5 Orlando ,L F 0 8 2 3 -0 75 3 Telephone: 407()423 -8 1 7 5 Facsimile: 407()423 -8 7 3 6 E -Service: @ N Om Sdorl.com Attorneys for Defendant,D E A PITRIC C AREGROU P,PA .. 3 Filing # 82104715 E-Filed 12/13/2018 05:44:11 PM 2229-080 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA BELINDHA RUSSELL, as the Personal Representative of the Estate of ROLAND L. CAJUSTE, a deceased minor child and on behalf of MARIE O. CAJUSTE and JOSEPH L. CAJUSTE, natural parents and CASE NO.: 2017-CA-004662-O survivors to the Estate of ROLAND L. CAJUSTE, a deceased minor child, Plaintiffs, vs. ADVENTIST HEALTH SYSTEM/SUNBELT, INC. d/b/a FLORIDA HOSPITAL EAST d/b/a FLORIDA HOSPITAL ORLANDO; FLORIDA HOSPITAL MEDICAL GROUP, INC. d/b/a RADIOLOGY SPECIALISTS OF FLORIDA; PEDIATRIC CARE GROUP, P.A., FLORIDA EMERGENCY PHYSICIANS KANG & ASSOCIATES, M.D., INC., ALFREDO TIRADO GONZALEZ, M.D., KIMBERLY R. BUFFIN, M.D., DENNIS A. HERNANDEZ, M.D., DOUGLAS M. HAUS, M.D., LUIS R. CAMPIS VAZQUEZ, M.D., KATARINA M. NAMMOUR, ARNP, JANE C. COOK, D.O., Defendants. ___________________________________/ DEFENDANT'S RESPONSE TO PLAINTIFF’S REQUEST TO PRODUCE COMES NOW Defendant, PEDIATRIC CARE GROUP, P.A., by and through the undersigned attorneys, and hereby files this Response to Plaintiff’s Request to Produce filed on October 29, 2018, as follows: Exhibit A Case No.: 2017-CA-004662-O 1. The complete audit trail for the electronic medical records (EMR) and/or Electronic Health Records (EHR) for RONALD L. CAJUSTE pertaining to any and all hospitalizations at FLORIDA HOSPITAL EAST d/b/a FLORIDA HOSPITAL ORLANDO and/or presentations to PEDIATRIC CARE GROUP, P.A., for 2015, 2016, 2017, and 2018. Such request includes but is not limited to: a. Disclosures and/or log entries of each and every user who accessed RONALD CAJUSTE’s medical history, pharmacy, laboratory, or any other record during or after his hospitalization and/or presentation, including the date and time of each and every access by each and every user level of security; b. Identification of each login by number and user (include full name and department and the location of the terminal from which the file was accessed)(passwords are not requested); c. The action that each user authorized, ordered or completed; the portion of the RONALD CAJUSTE’s record which was accessed, whether or not any modifications or additional were made; the specific modifications made to the medical records; any amendment to any record; any supplement to any part of the record; any deletion of any part of the record; any change to the record in ANY way; and the time and reason of such access and/or change of record; d. A log or printout listing each and every time any x-ray, MRI, CT scan, or other imaging or radiology study was viewed and/or ordered; and each and every time any other study, laboratory result, or data relating to RONALD CAJUSTE’s care was viewed and/or ordered on the computer system; and by whom, with date, time, and location of viewing. RESPONSE: This information has been requested and will be provided under separate cover should it exist. 2. A corresponding legend, reference, or guide that defines any and all abbreviations or codes which appear in the documents provided pursuant to this request. RESPONSE: This information has been requested and will be provided under separate cover should it exist. 2 Exhibit A Case No.: 2017-CA-004662-O CERTIFICATE OF SERVICE I hereby certify that on this 13th day of December, 2018, a true and correct copy of the foregoing has been electronically filed with the Clerk of the Court by using the Florida Courts E-Filing Portal, and furnished via email to the following: Maria D. Tejedor, Esquire, Diez-Arguelles & Tejedor, P.A., 505 N. Mills Avenue, Orlando, FL 32803; Patrick H. Telan, Esquire, Grower, Ketcham, Eide, Telan & Meltz, P.A., P.O. Box 538065, Orlando, FL 32853-8065; J. Charles Ingram, Esquire, Estes, Ingram, Foels & Gibbs, 2600 Lake Lucien Drive, Suite 330, Maitland, FL 32751; at the following email addresses: mail@theorlandolawyers.com leah@theorlandolawyers.com jci@eifg-law.com pbp@eifg-law.com phtelan@growerketcham.com enotice@growerketcham.com cboals@growerketcham.com /s/ Shenele E. Pettis Thomas E. Dukes, III Florida Bar No.: 0444146 tdukes@mmdorl.com Shenele E Pettis Florida Bar No.: 0119331 McEwan, Martinez, Dukes & Hall, P.A. Post Office Box 753 Orlando, FL 32802-0753 Telephone: (407) 423-8571 Facsimile: (407) 423-8637 E-Service: NOS@mmdorl.com Attorneys for Defendant, PEDIATRIC CARE GROUP, P.A. 3 Exhibit A Filing # 105690169 E-Filed 03/31/2020 04:04:14 PM 2229-080 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA BELINDHA RUSSELL, as the Personal Representative of the Estate of ROLAND L. CAJUSTE, a deceased minor child and on behalf of MARIE O. CAJUSTE and JOSEPH L. CAJUSTE, natural parents and CASE NO.: 2017-CA-004662-O survivors to the Estate of ROLAND L. CAJUSTE, a deceased minor child, Plaintiffs, vs. ADVENTIST HEALTH SYSTEM/SUNBELT, INC. d/b/a FLORIDA HOSPITAL EAST d/b/a FLORIDA HOSPITAL ORLANDO; FLORIDA HOSPITAL MEDICAL GROUP, INC. d/b/a RADIOLOGY SPECIALISTS OF FLORIDA; PEDIATRIC CARE GROUP, P.A., FLORIDA EMERGENCY PHYSICIANS KANG & ASSOCIATES, M.D., INC., ALFREDO TIRADO GONZALEZ, M.D., KIMBERLY R. BUFFIN, M.D., DENNIS A. HERNANDEZ, M.D., DOUGLAS M. HAUS, M.D., LUIS R. CAMPIS VAZQUEZ, M.D., KATARINA M. NAMMOUR, ARNP, JANE C. COOK, D.O., Defendants. ___________________________________/ DEFENDANT'S SUPPLEMENTAL RESPONSE TO PLAINTIFF’S REQUEST TO PRODUCE COMES NOW Defendant, PEDIATRIC CARE GROUP, P.A., by and through the undersigned attorneys, and hereby files this Supplemental Response to Plaintiff’s Request to Produce filed on October 29, 2018, as follows: Exhibit B Case No.: 2017-CA-004662-O 1. The complete audit trail for the electronic medical records (EMR) and/or Electronic Health Records (EHR) for RONALD L. CAJUSTE pertaining to any and all hospitalizations at FLORIDA HOSPITAL EAST d/b/a FLORIDA HOSPITAL ORLANDO and/or presentations to PEDIATRIC CARE GROUP, P.A., for 2015, 2016, 2017, and 2018. Such request includes but is not limited to: a. Disclosures and/or log entries of each and every user who accessed RONALD CAJUSTE’s medical history, pharmacy, laboratory, or any other record during or after his hospitalization and/or presentation, including the date and time of each and every access by each and every user level of security; b. Identification of each login by number and user (include full name and department and the location of the terminal from which the file was accessed)(passwords are not requested); c. The action that each user authorized, ordered or completed; the portion of the RONALD CAJUSTE’s record which was accessed, whether or not any modifications or additional were made; the specific modifications made to the medical records; any amendment to any record; any supplement to any part of the record; any deletion of any part of the record; any change to the record in ANY way; and the time and reason of such access and/or change of record; d. A log or printout listing each and every time any x-ray, MRI, CT scan, or other imaging or radiology study was viewed and/or ordered; and each and every time any other study, laboratory result, or data relating to RONALD CAJUSTE’s care was viewed and/or ordered on the computer system; and by whom, with date, time, and location of viewing. RESPONSE: None in Defendant’s possession. All medical record relevant to Roland Cajuste were generated in 2015. During that timeframe, medical records for this Defendant were handwritten and no audit trail exists. 2. A corresponding legend, reference, or guide that defines any and all abbreviations or codes which appear in the documents provided pursuant to this request. RESPONSE: Not applicable. 2 Exhibit B Case No.: 2017-CA-004662-O CERTIFICATE OF SERVICE I hereby certify that on this 31st day of March 2020, a true and correct copy of the foregoing has been electronically filed with the Clerk of the Court by using the Florida Courts E-Filing Portal, and furnished via email to the following: Maria D. Tejedor, Esquire, Diez-Arguelles & Tejedor, P.A., 505 N. Mills Avenue, Orlando, FL 32803; Patrick H. Telan, Esquire, Grower, Ketcham, Eide, Telan & Meltz, P.A., P.O. Box 538065, Orlando, FL 32853-8065; J. Charles Ingram, Esquire, Estes, Ingram, Foels & Gibbs, 2600 Lake Lucien Drive, Suite 330, Maitland, FL 32751; at the following email addresses: mail@theorlandolawyers.com leah@theorlandolawyers.com jci@eifg-law.com pbp@eifg-law.com phtelan@growerketcham.com enotice@growerketcham.com cboals@growerketcham.com /s/ Wilbert R. Vancol Thomas E. Dukes, III Florida Bar No.: 0444146 tdukes@mmdorl.com Wilbert R. Vancol Florida Bar No.: 0093132 wvancol@mmdorl.com McEwan, Martinez, Dukes & Hall, P.A. Post Office Box 753 Orlando, FL 32802-0753 Telephone: (407) 423-8571 Facsimile: (407) 423-8637 E-Service: NOS@mmdorl.com Attorneys for Defendant, PEDIATRIC CARE GROUP, P.A. 3 Exhibit B