Preview
AT
TORANEYS,
-
I-A-11 (.:rcllr
c h. 1)le:-..a
S :;r.
.r:ldes
Board Certified (:ir;il Trial btvix.
er
Martin.ez, Manglardi, Diet-f.[rgualles & TC P,C OT ,
_. _...,._,._u,,_...,....
___
..............
..........
,...._.Y_
.
W..,.._.......,..,.............,,..,...............
July 3, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
aD
o PERSONAL AND CONFIDENTIAL
Tamara L. Trimble, Registered Agent for
Adventist Health System/Sunbelt, Inc.
J
d/b/a Florida Hospital Orlando
a I!l N. Orlando Avenue
N Winter Park, FL 32789
It
0
N NOTICE OF INTENT TO INITIATE LITIGATION WITH REQUEST
2
FOR INFORMAL DISCOVERY
0
N
Patient: Herrninia•Diaz
D/O/D: 04/25/1944
Dear Ms. Trimble:
Pursuant to Fla. Stat. 766.106 and Fla R. Civ. P, 1.650, this letter serves as notice
that Marcelo Diaz on behalf of his wife, Herminia Diaz, intends to initiate a medical
claim Srinnivas Seela, M.D. who employee and/or agent of
negligence against was an
Inc. d/b/a Florida Hospital Orlando at the time Dr.
Adventist Health System/Sunbelt,
Seela rendered medical treatment to Herminia Diaz from January 2, 2007 to January 24,
2007.
This claim arises out of the wrongful death of Hern..inia D; z. The, fcts are ..Is
follows: On January 2, 2007, Mrs. Diaz; was evaluated by Dr. Srinivas Seela relative to
heme-positive stools. On January 4, 2007, Dr. Seela performed an
esophagogastroduodenoscopy andd colonoscopy at Florida Hospital Orlando. Following
abdominal and rectal pain. Due to her
said procedures, Mrs. Diaz experienced severe
severe symptoms, she presented emergently to Florida Hospital Orlando on January 7,
200'7 and underwent surgery on January 8, 2007. On ';1an-nary 24, 2007, Mrs. Diaz
expired due to severe abdominal sepsis and bowel perforation,
claims made against Adventist Health System/Sunbelt, Inc. d/b/a
The being
Florida Hospital Orlando are for vicarious claims for the negligence of Dr. Srirnivas Seela
as well as the direct negligence of Adventist Health System/Sunbelt, Irnc.'sd/b/a Florida
EXHIBIT "A"
74.0 I\(Srrh &moran Boulmird + t, lchho11e 0073 351-41 2 3
Hospital Orlando's agents and/or employees for failure to properly give discharge
instructions to Herminia Diaz.
On March 1, 2007, April 30, 2007 and May 15, 2007, our office forwardedd
requests for medical records along with the properly executed HIPAAA authorization. A
of these enclosed for reference. To date, we have not_ received
copy requests are your
cords. Pursuant to Florida law, you had ten (10) days to provide us with
your
the same. It has been over ten davs and You have ignored our requests, therefore you
have waived your right of requiring our law firm to att
ct
, '7eri `yii19
negligence ih lhjs case.
Fla. Stat. 766.106 requires that you, as a selfinsured, must conduct a review to
determine your liability and the review must comply with the procedures set forth in this
The; statute that provide us :with rejecting the claim.,
statute: requiress you a response
settlement offer, malting offer of admission of liability,and for arbitration
malting a or an
on the issue of damages within ninety (90) days.
To the best of Marcelo Diaz' recollection and knowledge, Herminia Diaz was
the healthcare providers for the injury sustained as a result of your
treated by following
negligence:
1. Florida Hospital Orlando
601 E. Rollins Street
Orlando, FL 32803
It that Marcelo Diaz does not recall all of the treating healthcare,
is possible
If by reviewing the medical records or by other means, you believe Herminia
providers.
Diaz have been treated by others, please bring those individuals to my attention. 1
may
will be happy to respond to any inquiry you make with regard to any additional specific
healthcare believe have treated Herminia Diaz. To assist me in
providers you may
with the of belief thai the
responding to such an inquiry, please provide me source your
person identified may have provided care to Herminia Diaz.
To the best• of Marcelo. Diaz' recollection and knowledge, Herminia Diaz was
treated by the following healthcare providers during the two (2) year periodd prior to your
negligence:
1. Howard Allen Sackel, M.D.
2501 N. Orange ,Avenue, Suite 537N
Orlando, FL 32804
2. Gary Dean Sladek, M.D.
2501 N. Orange Avneue, Suite 538
Orlando, FL 32804
3. Henry J. Baskin, M.D.
29211.Orange Avenue
Orlando, FL 32804
4. James H. Tarver 111, MD
Orlando Heart Center
7236 Stonerock Circle
Orlando, FL 32819
5. Stephen Schreiber, M.D.
156]. West Fairbanks Avenue, Suite 100
Winter Park, FL 32789
6. Jose Andrade, M.D.
5412 Curry Ford Road
Orlando, FL 32812.8522
7. Harinath Sheela, M.D.
7975 Lake Underhill Road, Suite 350
Orlando, FL 32822
8. Dialysis Service Central Florida
640 Executive Park Court
Apoka, FL 32703
If you would like to take the unsworn statement of any physician who provided
treatment to Herminia Diaz that would be relevant to this matter, please advise ine. Upon
said. Marcelo Diaz will provide you with an executed medical information
request,
release permitting you to tape an unswom statement. The release will be provided to you
withh the understanding that it will be limited to one unsworn statement which may only
be taken after reasonable notice to me and that Marcelo Diaz and I shall have the right to
attend.
Section 766.106 (3)(a) of Florida Statutes, provides no suit shall be fled for a
of 90 days after notice is sewed upon perspective defendant. During this 90-day
period
and insurer to conduct a good faith investigation of this clainn
period, you your are
of the-several procedures provided for in the statute. I am sure you are
employing one
aware that unreasonable failure to comply with the section justifies the dismissal of
any
defenses in the event a subsequent lawsuit is filed.
In addition to the above, Section 766.106(6), Florida Statutes, provides that:
the parties
Upon receipt by a prospective defendant of a notice of claim,
"
shall make discoverable information available without formal discovery.
Failure to do so is grounds for dismissal of claims or defenses ultimately
asserted."
Accordingly, I ask that within 20 days, either you or your representative, respond
in writing to the request below and forward the following materials:
1. Please state the name, address, occupation and employer of the
person or persons investigating this claim and the specific
investigative procedure used to evaluate this claimm as specified in
Section 766.1Q6(3)(a), Florida Statutes.
2. Please forward all medical records, written notes, x-rays, bills,
photographs and any other pertinent document or report
concerning your treatment of Herminia Di.az. Please understand
this request asks you to provide copies of every written note or
communication you have regarding Herminia Diaz, whether it be
rotes on your file jacket, correspondences, telephone notes, or
anything of the like.
3. If any other written document or report, concerning your treatment
of Herminia Diaz is believed to exist but is not in. your possession
or control, please describe the document or report and provide the
present locationn and custodian of the same.
4. Please provide the full names and present addresses of all
witnesses to your treatment of Hernninia Diaz and all persons
having knowledge of such treatment. In addition to their names
and present addresses, please briefly indicate each individual's
interest in this matter, i.e., treating nurses, receptionist, eyewitness,
etc., and the subject matter of their knowledge. Please do not
respond by stating.
"
Please refer to medical records" or some
similar response. The purpose of this request is to determine if
there are any individuals that may have knowledge or facts that are
material to the issue involved in this matter.
5. Have your privileges at any hospital ever been suspended or
revoked., or have you ever been disciplined. by any state Board of
Medicine where an administrative complaint was filed against
you? If so, please state the nanne, of the complainant(s), the nature
of the complaint, place of occurrence and assigned case number.
6. If it is your contention that someone other than yourself was
in whole in for the occurrence of any of the
responsible or part
negligence alleged above, please state each person's name,
address, job title, along with the facts whichh you base your
contention that person was responsible for. Inlight ofthe Supreme
Court's decision in Fabre, it would be prejudicial to my client for
you not to identify any third persons during the pre-suit screening
period only to attempt to avoid or mitigate your liability during
subsequent litigation by alleging or arguing that someone other
than yourself was wholly or partially responsible. Please
understand the undersigned will take appropriate action to prevent
you from alleging or arguing that someone other than yourself was
responsible should you fail to promptly and fully comply with this
request.
7. Taking into consideration everything you know regarding
Herminia Diaz and the condition for which you rendered. treatment,
state whether or not, in your opinion, any adverse outcome alleged
by my client could have been avoided had some step been taken by
Herminia Diaz during her course of treatment. Please describe
which steps you feel could or should have been taken to prevent
the outcome.
8. Taking- irento consideration everything: you know regarding
Herminia Diaz and the condition for which you rendered treatment,
state whether or not, in your opinion, any adverse outcome alleged
by my client could have been avoided had Herminia Diaz not done
that she in fact did. Please describe what you feel my
something
client dirt that contributed to her injury.
9. Please list the name and. last known address for each and every
and treatment rendered
employee of yours during the time care was
to Henninia Diaz. Please include the job title of each employee
named, and whether he or she is still employed by you.
10. Please state the name and address of your medical malpractice
insurance carrier, as well as the type and amount of coverage
available against this claim. Please state the
to you as protection
name and address of your medical group's medical malpractice
insurance carrier, as well as the type and amount of coverage
available to your group as protection against this claim. Is the
provided to your medical group separate from the
coverage
coverage provided to you? Please provide a copy of your group's
insurance policy or policies. Ifinsurance coverage is not available,
the method of compliance with Florida Financial
please explain
Responsibility Statute Section 458.320 that will protect you against
loss of your Florida medical license. Additionally, please provide a
copy ofyour policy or policies.
11. Do you claim sovereign immunity? If so, please describe in detail
the basis for your claim that you are entitled to sovereign
immunity.
12. If you believe this claim is not meritorious or, ifyou feel that case
may have merit against others but you should not be a defendant,
or if you Icnow facts that exculpate you, please explain.
We expect
you to fully explain the basis of any defense you intend to raise
should this claim result in litigation. Please give facts, not
conclusions that your care was acceptable.
13. Please provide a copy of your current Curriculum Vitae,
14. Please state the name and address of any entities or persons with
whom you had a legal relationship regarding your practice of
medicine during the period of time you treated Herminia Diaz.
Please include in your response the name and address of any
medical group with whom you were practicing at the time relevant
to this claim. Please provide copies of any contracts or agreements
between you and these entities or persons.
15. Please provide a copy of your office schedule/appointment book
for each and every day in which you saw and treated Herminia
Diaz. This request should include a copy of your entire
schedule/appointment for each day you saw Herminia Dias. You
delete the names ofany other patients reflected on the
may
schedule, but please do not delete any other information,
dates and times of each appointment and the
specifically, the
services rendered..
16. Please provide me with a typed verbatim transcription of any
handwritten records prepared by you or your office regarding any
treatment provided to Herminia Diaz. If you are not agreeable to
this, please advise when you will be available for an unsworn
statement.
17. Please indicate whether any person or entity is, or may be,,
vicariously liable for your negligence, if the allegations of
negligence are proven.
18. Please state whether you have ever taken a Board Certification
exam, the number of times you have taken a Board Certification
exam, the type of Board Certification oxam(s) you have tag
Preview
AT TORANEYS, - I-A-11 (.:rcllr c h. 1)le:-..a S :;r. .r:ldes Board Certified (:ir;il Trial btvix. er Martin.ez, Manglardi, Diet-f.[rgualles & TC P,C OT , _. _...,._,._u,,_...,.... ___ .............. .......... ,...._.Y_ . W..,.._.......,..,.............,,..,............... July 3, 2007 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED aD o PERSONAL AND CONFIDENTIAL Tamara L. Trimble, Registered Agent for Adventist Health System/Sunbelt, Inc. J d/b/a Florida Hospital Orlando a I!l N. Orlando Avenue N Winter Park, FL 32789 It 0 N NOTICE OF INTENT TO INITIATE LITIGATION WITH REQUEST 2 FOR INFORMAL DISCOVERY 0 N Patient: Herrninia•Diaz D/O/D: 04/25/1944 Dear Ms. Trimble: Pursuant to Fla. Stat. 766.106 and Fla R. Civ. P, 1.650, this letter serves as notice that Marcelo Diaz on behalf of his wife, Herminia Diaz, intends to initiate a medical claim Srinnivas Seela, M.D. who employee and/or agent of negligence against was an Inc. d/b/a Florida Hospital Orlando at the time Dr. Adventist Health System/Sunbelt, Seela rendered medical treatment to Herminia Diaz from January 2, 2007 to January 24, 2007. This claim arises out of the wrongful death of Hern..inia D; z. The, fcts are ..Is follows: On January 2, 2007, Mrs. Diaz; was evaluated by Dr. Srinivas Seela relative to heme-positive stools. On January 4, 2007, Dr. Seela performed an esophagogastroduodenoscopy andd colonoscopy at Florida Hospital Orlando. Following abdominal and rectal pain. Due to her said procedures, Mrs. Diaz experienced severe severe symptoms, she presented emergently to Florida Hospital Orlando on January 7, 200'7 and underwent surgery on January 8, 2007. On ';1an-nary 24, 2007, Mrs. Diaz expired due to severe abdominal sepsis and bowel perforation, claims made against Adventist Health System/Sunbelt, Inc. d/b/a The being Florida Hospital Orlando are for vicarious claims for the negligence of Dr. Srirnivas Seela as well as the direct negligence of Adventist Health System/Sunbelt, Irnc.'sd/b/a Florida EXHIBIT "A" 74.0 I\(Srrh &moran Boulmird + t, lchho11e 0073 351-41 2 3 Hospital Orlando's agents and/or employees for failure to properly give discharge instructions to Herminia Diaz. On March 1, 2007, April 30, 2007 and May 15, 2007, our office forwardedd requests for medical records along with the properly executed HIPAAA authorization. A of these enclosed for reference. To date, we have not_ received copy requests are your cords. Pursuant to Florida law, you had ten (10) days to provide us with your the same. It has been over ten davs and You have ignored our requests, therefore you have waived your right of requiring our law firm to att ct , '7eri `yii19 negligence ih lhjs case. Fla. Stat. 766.106 requires that you, as a selfinsured, must conduct a review to determine your liability and the review must comply with the procedures set forth in this The; statute that provide us :with rejecting the claim., statute: requiress you a response settlement offer, malting offer of admission of liability,and for arbitration malting a or an on the issue of damages within ninety (90) days. To the best of Marcelo Diaz' recollection and knowledge, Herminia Diaz was the healthcare providers for the injury sustained as a result of your treated by following negligence: 1. Florida Hospital Orlando 601 E. Rollins Street Orlando, FL 32803 It that Marcelo Diaz does not recall all of the treating healthcare, is possible If by reviewing the medical records or by other means, you believe Herminia providers. Diaz have been treated by others, please bring those individuals to my attention. 1 may will be happy to respond to any inquiry you make with regard to any additional specific healthcare believe have treated Herminia Diaz. To assist me in providers you may with the of belief thai the responding to such an inquiry, please provide me source your person identified may have provided care to Herminia Diaz. To the best• of Marcelo. Diaz' recollection and knowledge, Herminia Diaz was treated by the following healthcare providers during the two (2) year periodd prior to your negligence: 1. Howard Allen Sackel, M.D. 2501 N. Orange ,Avenue, Suite 537N Orlando, FL 32804 2. Gary Dean Sladek, M.D. 2501 N. Orange Avneue, Suite 538 Orlando, FL 32804 3. Henry J. Baskin, M.D. 29211.Orange Avenue Orlando, FL 32804 4. James H. Tarver 111, MD Orlando Heart Center 7236 Stonerock Circle Orlando, FL 32819 5. Stephen Schreiber, M.D. 156]. West Fairbanks Avenue, Suite 100 Winter Park, FL 32789 6. Jose Andrade, M.D. 5412 Curry Ford Road Orlando, FL 32812.8522 7. Harinath Sheela, M.D. 7975 Lake Underhill Road, Suite 350 Orlando, FL 32822 8. Dialysis Service Central Florida 640 Executive Park Court Apoka, FL 32703 If you would like to take the unsworn statement of any physician who provided treatment to Herminia Diaz that would be relevant to this matter, please advise ine. Upon said. Marcelo Diaz will provide you with an executed medical information request, release permitting you to tape an unswom statement. The release will be provided to you withh the understanding that it will be limited to one unsworn statement which may only be taken after reasonable notice to me and that Marcelo Diaz and I shall have the right to attend. Section 766.106 (3)(a) of Florida Statutes, provides no suit shall be fled for a of 90 days after notice is sewed upon perspective defendant. During this 90-day period and insurer to conduct a good faith investigation of this clainn period, you your are of the-several procedures provided for in the statute. I am sure you are employing one aware that unreasonable failure to comply with the section justifies the dismissal of any defenses in the event a subsequent lawsuit is filed. In addition to the above, Section 766.106(6), Florida Statutes, provides that: the parties Upon receipt by a prospective defendant of a notice of claim, " shall make discoverable information available without formal discovery. Failure to do so is grounds for dismissal of claims or defenses ultimately asserted." Accordingly, I ask that within 20 days, either you or your representative, respond in writing to the request below and forward the following materials: 1. Please state the name, address, occupation and employer of the person or persons investigating this claim and the specific investigative procedure used to evaluate this claimm as specified in Section 766.1Q6(3)(a), Florida Statutes. 2. Please forward all medical records, written notes, x-rays, bills, photographs and any other pertinent document or report concerning your treatment of Herminia Di.az. Please understand this request asks you to provide copies of every written note or communication you have regarding Herminia Diaz, whether it be rotes on your file jacket, correspondences, telephone notes, or anything of the like. 3. If any other written document or report, concerning your treatment of Herminia Diaz is believed to exist but is not in. your possession or control, please describe the document or report and provide the present locationn and custodian of the same. 4. Please provide the full names and present addresses of all witnesses to your treatment of Hernninia Diaz and all persons having knowledge of such treatment. In addition to their names and present addresses, please briefly indicate each individual's interest in this matter, i.e., treating nurses, receptionist, eyewitness, etc., and the subject matter of their knowledge. Please do not respond by stating. " Please refer to medical records" or some similar response. The purpose of this request is to determine if there are any individuals that may have knowledge or facts that are material to the issue involved in this matter. 5. Have your privileges at any hospital ever been suspended or revoked., or have you ever been disciplined. by any state Board of Medicine where an administrative complaint was filed against you? If so, please state the nanne, of the complainant(s), the nature of the complaint, place of occurrence and assigned case number. 6. If it is your contention that someone other than yourself was in whole in for the occurrence of any of the responsible or part negligence alleged above, please state each person's name, address, job title, along with the facts whichh you base your contention that person was responsible for. Inlight ofthe Supreme Court's decision in Fabre, it would be prejudicial to my client for you not to identify any third persons during the pre-suit screening period only to attempt to avoid or mitigate your liability during subsequent litigation by alleging or arguing that someone other than yourself was wholly or partially responsible. Please understand the undersigned will take appropriate action to prevent you from alleging or arguing that someone other than yourself was responsible should you fail to promptly and fully comply with this request. 7. Taking into consideration everything you know regarding Herminia Diaz and the condition for which you rendered. treatment, state whether or not, in your opinion, any adverse outcome alleged by my client could have been avoided had some step been taken by Herminia Diaz during her course of treatment. Please describe which steps you feel could or should have been taken to prevent the outcome. 8. Taking- irento consideration everything: you know regarding Herminia Diaz and the condition for which you rendered treatment, state whether or not, in your opinion, any adverse outcome alleged by my client could have been avoided had Herminia Diaz not done that she in fact did. Please describe what you feel my something client dirt that contributed to her injury. 9. Please list the name and. last known address for each and every and treatment rendered employee of yours during the time care was to Henninia Diaz. Please include the job title of each employee named, and whether he or she is still employed by you. 10. Please state the name and address of your medical malpractice insurance carrier, as well as the type and amount of coverage available against this claim. Please state the to you as protection name and address of your medical group's medical malpractice insurance carrier, as well as the type and amount of coverage available to your group as protection against this claim. Is the provided to your medical group separate from the coverage coverage provided to you? Please provide a copy of your group's insurance policy or policies. Ifinsurance coverage is not available, the method of compliance with Florida Financial please explain Responsibility Statute Section 458.320 that will protect you against loss of your Florida medical license. Additionally, please provide a copy ofyour policy or policies. 11. Do you claim sovereign immunity? If so, please describe in detail the basis for your claim that you are entitled to sovereign immunity. 12. If you believe this claim is not meritorious or, ifyou feel that case may have merit against others but you should not be a defendant, or if you Icnow facts that exculpate you, please explain. We expect you to fully explain the basis of any defense you intend to raise should this claim result in litigation. Please give facts, not conclusions that your care was acceptable. 13. Please provide a copy of your current Curriculum Vitae, 14. Please state the name and address of any entities or persons with whom you had a legal relationship regarding your practice of medicine during the period of time you treated Herminia Diaz. Please include in your response the name and address of any medical group with whom you were practicing at the time relevant to this claim. Please provide copies of any contracts or agreements between you and these entities or persons. 15. Please provide a copy of your office schedule/appointment book for each and every day in which you saw and treated Herminia Diaz. This request should include a copy of your entire schedule/appointment for each day you saw Herminia Dias. You delete the names ofany other patients reflected on the may schedule, but please do not delete any other information, dates and times of each appointment and the specifically, the services rendered.. 16. Please provide me with a typed verbatim transcription of any handwritten records prepared by you or your office regarding any treatment provided to Herminia Diaz. If you are not agreeable to this, please advise when you will be available for an unsworn statement. 17. Please indicate whether any person or entity is, or may be,, vicariously liable for your negligence, if the allegations of negligence are proven. 18. Please state whether you have ever taken a Board Certification exam, the number of times you have taken a Board Certification exam, the type of Board Certification oxam(s) you have tag