FILED: QUEENS COUNTY CLERK 02/03/2016 04:05 PM INDEX NO. 713624/2015 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 02/03/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------------------------X ODANE-MARC BONNER AND HANSIA BONNER, -against- Plaintiffs, BARBARA NEWMAN, M.D., KETAN DAVAE, M.D., VIRTUAL RADIOLOGIC PROFESSIONALS OF NEW YORK, P.A., and VIRTUAL RADIOLOGICAL CORPORATION, Index No.: 713624/2015 DEMAND FOR BILLS OF PARTICULARS 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, VIRTUAL RADIOLOGICAL CORPORATION, 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: Each date on which the Answering Defendant rendered medical care to the Plaintiff; and 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; and 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.
3. 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. 4. 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 administered tests, or improperly took and administered tests, state: (e) (f) (g) 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 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; The improper treatment that was afforded and in what manner the said treatment was improperly performed; 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; The name of each proper drug allegedly administered incorrectly with the dosage that Plaintiff will claim was the correct dosage; The name and/or description of each and every test Answering Defendant failed to take or administer and the alleged date of such omission; and 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. 5. If the plaintiff will claim that the answering defendant improperly performed a surgical procedure or procedures, or performed a surgical procedure that was contraindicated and/or unnecessary, or failed to perform a required surgical procedure, state: 2
The name of the improperly performed, contraindicated, or unnecessary surgical procedure and the date when it was performed; in what manner was the aforesaid surgical procedure improperly performed; and describe the procedure that should have been performed. 6. Set forth each act an 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 it is 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 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. 8. 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. 9. State the length of time the plaintiff was confined to: bed; house; hospital; 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' services and medical services with names and addresses of all physicians and each chiropractor who treated the Plaintiff for said injuries, and the dates of each physician's treatment; 3
(e) (f) Nurses' services; Medical supplies, with a description of the supplies; Hospital expenses, with the names and addresses of all hospitals and dates of confinement at each hospital; Each projected or anticipated item of future expense which Plaintiff will claim at trial; Any other expenses. 11. State: (e) (f) (g) 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 Plaintiff was engaged immediately prior to the occurrence; The length of time Plaintiff was unable to attend to his employment or his business; The amount of money Plaintiff was alleged to have earned during the year prior to the occurrence; The amount of earnings the Plaintiff is alleged to have lost as a result of the Defendant's negligence; The amount of future income, if any, which Plaintiff will lose as a result of Defendant's negligence. 12. State the date of birth of the plaintiff(s). 13. State the social security number of the plaintiff(s). 14. State the residence address of the plaintiff(s). 15. 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: 4
(i) the name of the indeminitor (such as Blue Cross, GHI, etc.), (ii) the group or policy number and Plaintiff(s) identification number for each provider, (iii) Medicaid and/or Medicare number; the dates and amounts of reimbursement. 16. State whether plaintiff will claim that (s)he did not consent to any of the examinations, tests, operations and/or procedures, care and treatment, respectively, that were under-taken by defendant(s) or whatever drugs were prescribed or provided by defendant(s), and specify as to which plaintiff will claim (s)he did not consent. 17. State whether plaintiff will claim that (s)he would have declined any of the examinations, tests, operations and/or procedures, care and treatment, that were undertaken by defendant(s) of any of the drugs prescribed or provided by defendant(s) had (s)he 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 (s)he would have declined. 18. State whether the plaintiff will claim that (s)he was advised of any risks as to any of the examinations, tests, operations and/or procedures, care and treatment, respectively, that were undertaken by defendant(s) or any of the drugs prescribed or provided by defendant(s), and set forth what (s)he will claim (s)he was advised, the manner thereof. 19. State whether the plaintiff will claim that (s)he asked the defendant(s) the risks involved in any of the examinations, tests, operations and/or procedures, care and treatment, respectively, that were undertaken by defendant(s) or any of the drugs prescribed or provided by defendant(s), before these were done, and specify which ones (s)he will claim (s)he was not given information, and the risks thereof it will be claimed (s)he would have been advised. 5
20. State whether plaintiff will claim that the defendant(s) exceeded the scope of consent given with respect to the performance of any of the examinations, tests, operations and/or procedures, care and treatment, that were undertaken by defendant(s), or any of the drugs prescribed or provided by defendant(s) and specify what consent is claimed to have been given, with which of the above it will be claimed it was exceeded, and the manner thereof. PLEASE TAKE FURTHER NOTICE, that upon failure of the plaintiff to comply with this demand within the time specified, defendant will move for an Order of Preclusion demanding costs on such motion. Dated: Garden City, New York February 2, 2016 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. KAUFMAN BORGEEST & RYAN, LLP By: Maribeth Slevin, Esq. Attorneys for Defendants BARBARA NEWMAN, M.D., KETAN DAVAE, M.D., VIRTUAL RADIOLOGIC PROFESSIONALS OF NEW YORK, P.A., and VIRTUAL RADIOLOGICAL CORPORATION 1205 Franklin Avenue, Suite 200 Garden City, New York 11530 Tel: (516) 248-6000 TO: PEGALIS & ERICKSON, LLC Attorneys for Plaintiffs 1 Hollow Lane, Ste. 107 Lake Success, New York 11042 (516) 684-2900 6
Index No.: 713624/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ODANE-MARC BONNER AND HANSIA BONNER, Plaintiffs, -against- BARBARA NEWMAN, M.D., KETAN DAVAE, M.D., VIRTUAL RADIOLOGIC PROFESSIONALS OF NEW YORK, P.A., and VIRTUAL RADIOLOGICAL CORPORATION, Defendants. DEMAND FOR BILLS OF PARTICULARS KAUFMAN BORGEEST & RYAN, LLP 1205 Franklin Avenue, Suite 200 Garden City, New York 11530 Tel: (516) 248-6000 Attorneys for Defendants: BARBARA NEWMAN, M.D., KETAN DAVAE, M.D., VIRTUAL RADIOLOGIC PROFESSIONALS OF NEW YORK, P.A., and VIRTUAL RADIOLOGICAL CORPORATION 7