Preview
FILED: NEW YORK COUNTY CLERK 06/25/2018 04:36 PM INDEX NO. 805174/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/25/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
KARINA LANDESTOY as Parent and Natural
Guardian of A.L. an Infant and KARINA Index No. 805174/2018
LANDESTOY Individually,
Plaintiff, DEMAND FOR A VERIFIED
BILL OF PARTICULARS
-against-
MOUNT SINAI WEST,
Defendants.
PLEASE TAKE NOTICE that pursuant to §§ 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 defendants 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.
3. A statement of the accepted medical practices, customs, and medical standards, if
any, which itis 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.
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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 these answering defendant improperly
took or administered, and the manner in which each such test was
improperly taken or administered and the date(s) thereof.
6. 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.
7. If itis 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.
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8. 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.
9. State the length of time the plaintiff was confined to:
(a) Bed;
(b) House;
(c) Hospital;
(d) Nursing home or other rehabilitative institution.
10. State separately the total amounts claimed by the plaintiff as special damages for
each of the following:
Physicians'
(a) services with names and addresses of all physicians who
physician'
treated the plaintiff for said injuries, and the dates of each physician's
treatment;
Nurses'
(b) 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.
11. 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;
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(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/her employment or
his/her 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, ifany, which plaintiff will lose as a result of
defendant's negligence.
12. State the date of birth of each plaintiff.
13. State the social security number of each plaintiff.
14. State the residence address of each plaintiff.
15. 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.
16. 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.
17. 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 numbers and plaintiff's identification numbers for
each provider,
(iii) Medicaid and/or Medicare numbers;
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(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.
Dated: New York, New York
June 25, 2018
WILSON ELSER MOSKOWITZ EDELMAN
& DICKER LLP
fz<,ji'
ji', /
By: V
Irving B. Hirsch
Attorneys for Defendant
ST. LUKE'S ROOSEVELT HOSPITAL
CENTER s/h/a MOUNT SINAI WEST
150 East 42 Street
New York, New York 10017
Ph: (212) 490-3000
File No. 16860.00037
TO: VIA NYSECF
James P. Fitzgerald, Esq.
The Fitzgerald Law Firm, P.C.
Attorneys for Plaintiff
538 Riverdale Avenue
Yonkers, New York 10705
Ph: (914) 378-1010
Fax: (914) 378-1092
File No. F17110
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Preview
FILED: NEW YORK COUNTY CLERK 06/25/2018 04:36 PM INDEX NO. 805174/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/25/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK KARINA LANDESTOY as Parent and Natural Guardian of A.L. an Infant and KARINA Index No. 805174/2018 LANDESTOY Individually, Plaintiff, DEMAND FOR A VERIFIED BILL OF PARTICULARS -against- MOUNT SINAI WEST, Defendants. PLEASE TAKE NOTICE that pursuant to §§ 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 defendants 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. 3. A statement of the accepted medical practices, customs, and medical standards, if any, which itis 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. 9110880v.1 1 of 5 FILED: NEW YORK COUNTY CLERK 06/25/2018 04:36 PM INDEX NO. 805174/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/25/2018 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 these answering defendant improperly took or administered, and the manner in which each such test was improperly taken or administered and the date(s) thereof. 6. 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. 7. If itis 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. -2- 9110880v.1 2 of 5 FILED: NEW YORK COUNTY CLERK 06/25/2018 04:36 PM INDEX NO. 805174/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/25/2018 8. 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. 9. State the length of time the plaintiff was confined to: (a) Bed; (b) House; (c) Hospital; (d) Nursing home or other rehabilitative institution. 10. State separately the total amounts claimed by the plaintiff as special damages for each of the following: Physicians' (a) services with names and addresses of all physicians who physician' treated the plaintiff for said injuries, and the dates of each physician's treatment; Nurses' (b) 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. 11. 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; -3- 9110880v.1 3 of 5 FILED: NEW YORK COUNTY CLERK 06/25/2018 04:36 PM INDEX NO. 805174/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/25/2018 (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/her employment or his/her 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, ifany, which plaintiff will lose as a result of defendant's negligence. 12. State the date of birth of each plaintiff. 13. State the social security number of each plaintiff. 14. State the residence address of each plaintiff. 15. 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. 16. 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. 17. 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 numbers and plaintiff's identification numbers for each provider, (iii) Medicaid and/or Medicare numbers; -4- 9110880v.1 4 of 5 FILED: NEW YORK COUNTY CLERK 06/25/2018 04:36 PM INDEX NO. 805174/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/25/2018 (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. Dated: New York, New York June 25, 2018 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP fz<,ji' ji', / By: V Irving B. Hirsch Attorneys for Defendant ST. LUKE'S ROOSEVELT HOSPITAL CENTER s/h/a MOUNT SINAI WEST 150 East 42 Street New York, New York 10017 Ph: (212) 490-3000 File No. 16860.00037 TO: VIA NYSECF James P. Fitzgerald, Esq. The Fitzgerald Law Firm, P.C. Attorneys for Plaintiff 538 Riverdale Avenue Yonkers, New York 10705 Ph: (914) 378-1010 Fax: (914) 378-1092 File No. F17110 -5- 9110880v.l 5 of 5