MARTIN CLEARWATER & BEUU UUP. May 27, David Conte v. Glaucoma Associates of New York, P.C., et al. MCB File No /15

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1 MARTIN CLEARWATER & BEUU UUP COUNSELORS AT LAW 220 EAST 42ND STREET, NEW YORK, NY 1 OO TELEPHONE (212) FACSIMILE (212) Olivia L. DeBellis Associate DIRECTDIAL: (212) olivia.debellis@mcblaw.com May 27, 2016 EAST MEADOW WHITE PLAINS NEWARK, NJ ROCHESTER VIA E-FILE and REGULAR MAIL The Law Office of Tara Fallon Roosevelt Avenue Jackson Heights, New York Re: David Conte v. Glaucoma Associates of New York, P.C., et al. MCB File No Index No /15 Dear Ms. Fallon: Pursuant to the Court s directive, enclosed please find an additional copy of our Demand for a Verified Bill of Particulars, which was previously served on February 9, In addition, to please provide a proper and distinct Verified Bill of Particulars specific to Glaucoma Associates of New York, P.C., proper responses to the following demands remains outstanding: Demand for Medicaid/Medicare Lien information dated February 9, 2015; Authorizations demanded on February 9, 2015 for the following providers: a. All prior and subsequent treating physicians and institutions; b. Uri Shabto, M.D. s/h/a Uri Shabto; and c. Retina Consultants of New York. Notice of Discovery and Inspection of Documents dated February 9, 2015; Notice of Discovery and Inspection of Statements dated February 9, 2015; Demand for CPLR 4545 Information dated February 9, 2015; Demand for Expert Information dated February 9, 2015; Demand for Names of Witnesses dated February 9, 2015; Notice of Discovery and Inspection of Photographic Evidence dated February 9, 2015; Authorizations demanded on July 2, 2015 for the following providers: a. New York Eye & Ear Infirmary; b. Medicaid; c. Social Security Disability; OD/OD _1 1 of 10

2 May 27, 2016 Page 2 d. All prior and subsequent ophthalmologists, optometrists, and/or other ocular specialists; e. All prior and subsequent primary care physicians and internists; f. All pharmacies; and g. All psychiatrists, psychologists, licensed social workers, and mental health providers who examined or treated previously or subsequently. 10. A response to our July 24, 2015 letter which joined in co-defendant s letters dated July 14, 2015 and July 16, A proper response to our Notice to Produce dated July 2, 2015: a. A copy of the plaintiffs driver s license and/or other color photo identification; b. Current and aceurate mailing address of the plaintiff; c. Copies of all medical records, prescriptions and diagnostic tests regarding consultation and/or treatment regarding the plaintiffs Diabetes and eyes; d. Copies of receipts and invoices regarding the plaintiffs treatment at issue in this lawsuit; and e. Lien information; and f A copy of the plaintiffs health insurance card. Should you require courtesy copies of any of the above referenced discovery, please notify us promptly. Additionally, we are in receipt of the authorizations previously provided to our office. However, please provide a proper Power of Attorney which will allow us to process the authorizations. In addition, please be advised that we are unable to electronically file our opposition papers to your Motion to Amend the Complaint until you electronically file your motion. Very truly yours. MARTIN CLEARWATER & BELL llp Enclosure Olivia DeBellis cc: VIA E-FILE and REGULAR MAIL Ekblom & Partners, LLP 850 Third Avenue, 2f Floor New York, NY _1 2 of 10

3 JAB/dw SUPREME COURT OF THE STATE OF NEW YORIC COUNTY OF NEW YORK DAVID V. CONTE, -against- Plaintiff, URI SHABTO, RETINA CONSULTANTS OF NEW YORK, CHRISTOPHER C. TENG, GLAUCOMA ASSOCIATES OF NEW YORIC, X DEMAND FOR A VERIFIED BILL OF PARTICULARS IndexNo.: /15 Defendants. X COUNSELORS: PLEASE TAICE NOTICE, that pursitant to Rule 3041 et seq. of the Civil Practice Law and Rules, you are hereby required to serve upon MARTIN CLEARWATER & BELL llp, attorneys for defendant GLAUCOMA ASSOCIATES OF NEW YORIC, P.C. s/h/a GLAUCOMA ASSOCIATES OF NEW YORK, within twenty (20) days after the service of a copy of this Demand, a Verified Bill of Particulars of the Complaint, setting forth in detail the following: 1. The manner and respect in which it is claimed defendant GLAUCOMA ASSOCIATES OF NEW YORK, P.C. s/h/a GLAUCOMA ASSOCIATES OF NEW YORK, (hereinafter referred to as "defendant"), was negligent, careless and unskillful, including but not limited to the following: State each test or procedure which it will be claimed should not have been performed by the defendant. State each test or procedure which it will be claimed was performed improperly by the defendant and in what respect _.l 3 of 10

4 C. State each additional test or procedure which it will be claimed should have been performed by the defendant. D. State each drug or medication which it will be claimed should not have been administered by the defendant. E. State each drug or medication which it will be claimed was administered in an improper dosage or maimer, or both, by the defendant and in what respect. F. State each additional drug which it will be claimed should have been administered by the defendant. G. If it will be claimed that a misdiagnosis was made by the defendant, state what the misdiagnosis was and state what the proper diagnosis should have been. H. If it will be claimed that there was a lack of adequate consultation by the defendant, state each specialist who should have been consulted, and at what point in the treatment. I. If it will be claimed that improper preoperative procedures were performed by the defendant, state which procedures were improper and what the proper preoperative procedures are claimed to be. J. If it will be claimed that improper postoperative procedures were performed by the defendant, state which procedures were improper and what the proper postoperative procedures are claimed to be. K. If it will be claimed that improper operative procedures were performed by the defendant, state which procedures were improper and what the proper operative procedures are claimed to be _1 2 4 of 10

5 L. If it will be claimed that defendant ignored any signs, symptoms, complaints or past history, identify the signs, symptoms, complaints or past history which were ignored. M. If it will be claimed that there was improper treatment in any other respect, state what the proper treatment should have been. 2. If it will be claimed that the defendant performed or undertook any part of the treatment without the patient s informed consent, set forth the following: The procedure(s) and/or treatment(s) performed or undertaken without the patient s informed consent. For each procedure(s) and/or treatment(s) performed or undertaken without the patient s informed consent, set forth the following: (1) the risks of the procedure and/or treatment Icnown to the patient before it was performed; (2) the information concerning the risks imparted to the patient by the defendant; (3) the information concerning the risks imparted to the patient by other physicians; (4) any assurances provided to the defendant or others by the patient by other physicians; (5) the circumstances making it reasonably possible for the defendant to obtain consent by or on behalf of the patient; (6) the additional information, if any, which the defendant should have provided the patient concerning the procedure and/or treatment of 10

6 3. Did the defendant's alleged malpractice occur in the course of an emergency treatment, procedure or surgery? 4. If it will be claimed that any of the acts or omissions particularized in item[s] 1 [and 2] above were performed by another for whose acts or omissions the defendant has legal responsibility, state as to each such act or omission the name of the person who performed it. and that person's legal relationship to the defendant. 5. If it is claimed that any equipment or other medical instruments were defective or otherwise improper, identify the equipment or instruments, the manufacturer, set forth in what respects they were defective or improper, and identify the person(s) who used, owned and controlled the equipment or instruments at the time of the patient's treatment. 6. Set forth the following: The date of each treatment claimed to have been rendered by defendant. The date of each act of negligence claimed to have been committed by defendant. C. The place of each treatment claimed to have been rendered by defendant. 7. Set forth the following: The nature, location and extent of each injury which it will be claimed was caused by the negligence of defendant. C. If any injuries are claimed to be permanent, so state. State how it will be claimed each of said injuries was caused by the alleged negligence. 8. If it will be claimed that the aforesaid injuries necessitated treatment at any institutions, set forth: _i The name of each institution. Idle dates of confinement or outpatient treatment at each institution. 4 6 of 10

7 9. If it will be claimed that the aforesaid injuries necessitated confinement to bed or home, set forth the following: A, The dates of confinement to home. B, The dates of confinement to bed. 10. If it is reasonably anticipated that the claimed aforesaid injuries will necessitate future confinement to bed or home, set forth the following: Anticipated period of time of confinement to home. Anticipated period of time of confinement to bed. 11. If it will be claimed that the aforesaid injuries necessitated treatment by any physicians, psychologists or other therapists, set forth: The name of each such person. That person's addi ess. C. The dates of the patient's treatment. 12. If loss of earnings will be claimed to have resulted from the alleged negligence. set forth the following: The loss of earnings that will be claimed. The name and address of the employer at the time of the alleged negligence. C; D. The claimant's occupation at the time of the alleged negligence. The claimant's gross earnings for the last calendar year prior to the alleged negligence. E. The claimant's gross earnings for any calendar year(s) during which it will be claimed the claimant was incapacitated from work. F. If the claimant was employed by another immediately prior to the alleged incapacitation, state: _1 5 7 of 10

8 (1) The name and address of the employer. (2) The claimant's weekly gross salary at that time, G. If the claimant was in whole or in part self-employed, state the claimant's earnings from such self-employment for each of the three (3) years prior to the alleged incapacitation. H, The last date the claimant worked prior to the alleged incapacitation. I, The dates the claimant worked prior to the alleged incapacitation. J. The amount and source of any reimbursement to the claimant or others for the alleged loss of earnings. K. The name and address of the claimant's present employer. 13. If it is reasonably anticipated that further loss of earnings will be incurred in the futui'e as a result of the alleged negligence, set forth: Anticipated future loss of earnings, stating the reason for said further loss of earnings. Anticipated period of time that future loss of earnings will be incurred. 14. If any special damages are claimed as a result of the alleged malpractice, set forth the following; A, The charges for the above-named hospitals, separately listing each hospital bill. C. D. Physicians' charges. Charges for medicine, itemizing the medicines charged for. Other (specify). 15. If anyone other than the patient has paid or has incurred the expenses claimed in the preceding paragraph, state the amount or extent of such reimbursement and that person's address and relationship, if any, to the patient _1 6 8 of 10

9 16. If anyone has, or can reasonably be expected to reimburse the patient or others for the expenses claimed above in Paragraph 14, state the amount or extent of such reimbursement and the name and address of the reimbursor. 17. If it is reasonably anticipated that further expenses will be incurred in the future as a result of the alleged negligence, set forth such expenses, stating the reason for said expenses and the anticipated period of time that said expenses will be incun-ed, including but not limited to: C. D. E. Anticipated physicians' charges. Anticipated hospital charges. Anticipated charges for medicine. Anticipated nursing charges. Other (specify). 18. If anyone can be reasonably expected to pay or provide reimbursement for any anticipated expenses detailed in the foregoing paragraph, state that reimbursor's name, address and the amount and extent of such payment or reimbursement State the residence of the plaintiff at the time this action was commenced. State the date of birth of the plaintiff. State the Social Security number of the plaintiff. If it will be claimed that the limitations on liability set forth in CPLR Article 16 do not apply, state specifically each and every exception to Article 16 set forth in CPLR 1602 which applies to the cause or causes of action herein and the basis for invoking such exemptions. 23. Set forth each and every act or omission of defendant GLAUCOMA ASSOCIATES OF NEW YORK, P.C. s/h/a GLAUCOMA ASSOCIATES OF NEW YORK which plaintiff claim is the basis of the alleged recklessness on the part of this defendant, _1 7 9 of 10

10 24. State the date or dates when such acts by this defendant allegedly took place. 25. Did the defendant s alleged recklessness occur in the course of an emergency treatment, procedure or surgery? 26. If it will be claimed that any of the reckless acts or omissions particularized in items 1 and 3 above were performed by another for whose acts or omissions the defendant has legal responsibility, state as to each such act or omission the name of the person who performed it, and that person s legal relationship to the defendant. If the person s name is not Icnown, described the person in as much detail as possible. Dated: New York, New York February 9, 2015 Yours, etc. Martin Clearwater & Bell LLP By: Jessi^ Bresnan Attorneys m' Defendant GLAUCOMA ASSOCIATES OF NEW YORK, P C. s GLAUCOMA ASSOCIATES OF NEW YORK 220 East 42nd Street New York, NY (212) TO: DAVID V. CONTE Plaintijf Pro Se Linden Street Ridgewood, New York (631) URI SHABTO, M.D. s/h/a URI SHABTO 310 East 14th Street New York, New York NO APPERANCE TO DATE RETINA CONSULTANTS OF NEW YORK 310 East 14th Street New York, New York NO APPEARANCE TO DATE of 10