FILED: NEW YORK COUNTY CLERK 07/19/ :30 PM INDEX NO /2016 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/19/2016

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1 FILED: NEW YORK COUNTY CLERK 07/19/ :30 PM INDEX NO /2016 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/19/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X HILLEL NAIMAN and RIVA NAIMAN, Index No.: /2016 -against- Plaintiff, DEMAND FOR A VERIFIED BILL OF PARTICULARS AS TO IRENE OSBORN, M.D. THE MOUNT SINAI HOSPITAL, KALMAN POST, M.D., JOHN CARIDI, M.D., IRENE OSBORN, M.D., YAN LAI, MD, RAJ PAREKH, MD, JOHN & JANE DOE (1-10), (HEALTHCARE PROFESSIONALS), Defendants X PLEASE TAKE NOTICE that, pursuant to Sections 3041, 3042, 3043, and 3044 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars upon Defendant, IRENE OSBORN, M.D., 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 (2d Dept. 1976). 1. State the: Plaintiff s date of birth; Plaintiff s place of birth; Plaintiff s address at the time this action was commenced; (d) Plaintiff s address at the time at the time of the alleged negligence; (e) Date(s) and place(s) of marriage(s); (f) Full names and dates of birth of all children born to plaintiff (g) Plaintiff s Social Security Number; (h) Plaintiff s Medicare Health Insurance Claim Number (HICN) of plaintiff. 1 of 10

2 2. As to plaintiff, RIVA NAIMAN: Date of Birth; Place of Birth; Social security number; (d) Medicare Health Insurance Claim Number; (e) Address at the time this action was commenced, at time of alleged negligence and current address; (f) Date(s) and Place(s) of Plaintiff s Marriage; (g) Full Names and Dates of Birth of Plaintiffs Children. 3. Set forth: Each date on which the Answering Defendant rendered medical care to the plaintiff; The address or addresses where such care was rendered to the plaintiff; 4. Set forth the condition or conditions which it will be claimed the Answering Defendant undertook to treat. 5. A statement of the accepted medical practices, customs, and medical standards, if any, which it is claimed were violated and departed from by the Defendant herein. 6. 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. 7. If plaintiff will claim that the Answering Defendant ignored complaints, signs, 2 of 10

3 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 administered tests, or improperly took and administered tests, state: the complaints, signs, and/or symptoms that the Answering Defendant ignored and the date of each such occurrence; in what respect the diagnosis by the Defendant were erroneous and incorrect, what the claimed correct diagnosis should have been, and the point in time that the plaintiffs will claim this Answering Defendant should have made the correct diagnosis; the improper treatment that was afforded and in what manner the said treatment was improperly performed; (d) 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. (e) the name of each proper drug allegedly administered incorrectly with the dosage that plaintiff will claim was the correct dosage; (f) the name and/or description of each and every test Answering Defendant failed to take or administer and the alleged date of such omission; 3 of 10

4 (g) the name of each and every test this Answering Defendant improperly took or administered, and the manner in which each such test was improperly taken or administered and the date(s) thereof. 8. If the plaintiff will claim that the Answering Defendant improperly performed a medical or surgical procedure or procedures, or performed a surgical procedure that was contraindicated and/or unnecessary, or failed to perform a required medical or surgical procedure, or that the Answering Defendant improperly performed an emergency procedure or procedures, or performed an emergency procedure that was contraindicated and/or unnecessary, or failed to perform a required emergency procedure state: the name of the improperly performed, contraindicated, or unnecessary procedure and the date when it was performed; in what manner was the aforesaid treatment, monitoring and/or procedure improperly performed. describe the procedure that should have been performed. 9. Set forth each act or omission, which constitutes the alleged negligence 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. 10. If it is claimed that the Answering Defendant is vicariously liable for the acts or omissions of other(s), state the name of each such individual. If the name if 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. 4 of 10

5 11. State: the injuries that plaintiff suffered as a result of the alleged negligence and/or malpractice of the Defendant ; set forth which injuries are claimed to be permanent and in what respect they are claimed to be permanent. 12. State the length of time the plaintiff was confined to: bed; house; hospital; (d) nursing home or other rehabilitative institution. 13. State separately the total amounts claimed by the plaintiff as special damages for each of the following: Physicians services and medical services with names and addresses of all physicians who treated the plaintiff for said injuries, and the dates of each providers treatment; Nurses services; 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; 5 of 10

6 (e) Each projected or anticipated item of future expense which plaintiffs will claim at trail; (f) Any other expenses. 14. State: 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. plaintiff s present occupation and the name and address of plaintiff s present employer; If self-employed, state the address of the place of employment and the type of business or occupation in which were engaged immediately prior to the occurrence; (d) The length of time plaintiff was unable to attend to her employment or her business; (e) The amount of money plaintiff 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, if any, which plaintiff will lose as a result of Defendant s negligence. 6 of 10

7 15. If plaintiff charges this defendant with lack of informed consent, set forth: the aspect of defendant s treatment which it will be claimed exposed the plaintiffs to material risks sufficient to require disclosure. Identify each risk or danger of defendant s treatment which it will be claimed should have been but was not disclosed by this defendant. State in what respect plaintiff(s) will claim this defendant disclosure was unreasonably inadequate. (d) Set forth what available alternative treatment could have been administered but were not disclosed and describe each alternative. (e) Set forth the date on which plaintiff(s) will claim this defendant should have obtained informed consent (f) Set for what alternative choices of treatment could have been administered but were not disclosed and describe each alternative. (g) Identify by name and corresponding position with the defendant each and every employee or agent of said defendant whom plaintiffs(s) charges with having failed to obtain an informed consent. 16. If the plaintiff has received reimbursement for any of medical expenses incurred in connection with the treatment of the injuries complained of in the complaint, set forth: The source of the reimbursement, including: (i) (ii) the name of the indemnitor (such as Blue Cross, GHI, etc.), the group or policy number or other identification number for each provider, 7 of 10

8 (iii) Medicaid and/or Medicare number; The dates and amounts of reimbursement. 17. State whether plaintiff will claim that she did not consent to any of the examinations, tests, operations and/or procedures, care and treatment, respectively, that were undertaken by the Answering Defendant or whatever drugs were prescribed or provided by the Answering Defendant, and specify as to which plaintiff and/or will claim she did not consent. 18. State whether plaintiff will claim that she would have declined any of the examinations, tests, operations and/or procedures, care and treatment, that were undertaken by the Answering Defendants of any of the drugs prescribed or provided by the Answering Defendant had she been advised of the risk, specify which risks it will be claimed would have caused him/her to so decline, and state what examinations, tests, operations and/or procedures, care and treatment, or medication she would have declined. 19. State whether the plaintiff will claim that she was advised of any risks as to any of the examinations, tests, operations and/or procedures, care and treatment, respectively, that were undertaken by the Answering Defendant or any of the drugs prescribed or provided by the Answering Defendant, and set forth what she will claim she was advised, the manner thereof. 20. State whether the plaintiff will claim that she asked the Answering Defendant the risks involved in any of the examinations, tests, operations and/or procedures, care and treatment, respectively, that were undertaken by the Answering Defendant or any of the drugs prescribed or provided by the Answering Defendant, before these were done, and specify which ones she will claim she was not given information, and the risks thereof it will be claimed she would have been advised. 8 of 10

9 21. If permanent injuries are claimed, set forth: The type, extent and duration of said injuries. 22. The specific surgical, medical and nursing care which plaintiff claims the Answering Defendant was compelled to provide. 23. What exception(s) of C.P.L.R does this action fall within; and explain, with specificity the relationship to this Answering Defendant. 24. Set forth each act or omission which constitutes the allegation of negligent hiring and supervision by the Answering Defendant and the date of each act and omission. 25. Please identify those individuals and/or their job capacities and work titles, whom plaintiff claims were negligently hired by this Answering Defendant. State: the injuries that plaintiff and/or suffered as a result of the alleged negligent hiring and supervision of the Answering Defendant; set forth which injuries are claimed to be permanent and in what respect they are claimed to be permanent; state the length of time plaintiff and/or was hospitalized as a result of the negligent hiring and supervision of this Answering Defendant. 26. State the total amounts claimed by the plaintiff as special damages for the injuries resulting from the alleged negligent hiring and supervision of this answering Defendant. 9 of 10

10 27. If any statutes, laws or rules are claimed to have been violated by this Answering Defendant, set forth the title of any such statute, law or rule and the section or sections; and subsection or subsections claimed to have been violated. PLEASE TAKE FURTHER NOTICE, that upon failure of the plaintiff and/or to comply with this demand within the time specified, Defendant will move for an Order of Preclusion demanding costs on such motion. To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules Dated: Valhalla, New York July 14, 2016 KAUFMAN, BORGEEST & RYAN, LLP To: ROBERT B. MARCUS 100 Dutch Hill Road Orangeburg, New York (845) By: Janice L. Powers Attorneys for Defendant IRENE OSBORN, M.D. 200 Summit Lake Drive, 1 st Floor Valhalla, New York File No.: of 10