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Filing # 118318478 E-Filed 12/16/2020 02:19:29 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., MIGUEL A.
ACEVEDO-SEGUI, M.D., KIMBERLY R
BUFFKIN, M.D., DENNIS A.
HERNANDEZ, M.D., DOUGLAS M.
HAUS, M.D., LUIS R. CAMPIS
VAZQUEZ, M.D., KATARINA M.
NAMMOUR, ARNP, MIGUEL ANGEL
SILVA, MD,
Defendant(s).
___________________________________/
DEFENDANT, MIGUEL ANGEL SILVA, M.D.’S
RESPONSE TO PLAINTIFFS’ REQUEST TO PRODUCE
COMES NOW Defendant, MIGUEL ANGEL SILVA, MD, by and through the
undersigned attorneys, and hereby file this Response to Plaintiffs’ Request to Produce as
follows:
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, admissions, and/or presentations to before the Defendant in 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, 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 for each 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
additions 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 this Defendant's possession.
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: Please see #1.
3. Produce a version history of all EHR notes. Include the date or dates on which
notes were revised after initial entry into the EHR(s), by whom, and the text of the actual
revision(s) to the note(s) tracked by time.
2
Case No.: 2017-CA-004662-O
RESPONSE: Please see #1.
4. Produce any materials relevant to understanding the operation of the EHR and
audit trail(s), including EHR user manuals and training materials, audit trail terminology
definition lists, and technical manuals necessary to interpret the audit trail column labels,
abbreviations, times, format, content etc.
RESPONSE: Please see #1.
CERTIFICATE OF SERVICE
I hereby certify that on this 16th day of December, 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., 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
3
Case No.: 2017-CA-004662-O
cdownes@wickersmith.com
/s/ Wilbert R. Vancol
_______________________
ThomasE.D
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FloridaBarNo.: 41
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mdorl.com
Wilbert R. Vancol
FloridaBarNo.: 31
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PostOficeBox73
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Telephone: 407()423 -8
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Attorneys for Defendant,D
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Filing # 118318478 E-Filed 12/16/2020 02:19:29 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., MIGUEL A. ACEVEDO-SEGUI, M.D., KIMBERLY R BUFFKIN, M.D., DENNIS A. HERNANDEZ, M.D., DOUGLAS M. HAUS, M.D., LUIS R. CAMPIS VAZQUEZ, M.D., KATARINA M. NAMMOUR, ARNP, MIGUEL ANGEL SILVA, MD, Defendant(s). ___________________________________/ DEFENDANT, MIGUEL ANGEL SILVA, M.D.’S RESPONSE TO PLAINTIFFS’ REQUEST TO PRODUCE COMES NOW Defendant, MIGUEL ANGEL SILVA, MD, by and through the undersigned attorneys, and hereby file this Response to Plaintiffs’ Request to Produce as follows: 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, admissions, and/or presentations to before the Defendant in 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, 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 for each 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 additions 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 this Defendant's possession. 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: Please see #1. 3. Produce a version history of all EHR notes. Include the date or dates on which notes were revised after initial entry into the EHR(s), by whom, and the text of the actual revision(s) to the note(s) tracked by time. 2 Case No.: 2017-CA-004662-O RESPONSE: Please see #1. 4. Produce any materials relevant to understanding the operation of the EHR and audit trail(s), including EHR user manuals and training materials, audit trail terminology definition lists, and technical manuals necessary to interpret the audit trail column labels, abbreviations, times, format, content etc. RESPONSE: Please see #1. CERTIFICATE OF SERVICE I hereby certify that on this 16th day of December, 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., 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 3 Case No.: 2017-CA-004662-O cdownes@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 wvancol@m dorl.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() 3 2 4 -8 7 3 6 E -Service: @ N Om Sdorl.com Attorneys for Defendant,D E A PITRIC C AREGROU P,PA . . andM U G E LI AN G E LS LIVAM ,D 4