FILED: NEW YORK COUNTY CLERK 10/22/2014 04:16 PM INDEX NO. 805247/2014 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/22/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X AMERICA GONZALEZ, deceased, by EUGENIA FERNANDEZ and ANGELA GARCIA, Administrators of her Estate, Plaintiffs, -against- Index #: 805247/2014 DEMAND FOR BILLS OF PARTICULARS PATRIA GONZALEZ, M.D. and THE NEW YORK AND PRESBYTERIAN HOSPITAL, 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, PATRIA GONZALEZ, 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. 1. Set forth: each date on which the answering defendant rendered medical care to the plaintiff; 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 it is 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. 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: 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 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) (f) 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; 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. 6. If plaintiff will claim that the 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:
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; describe the procedure, which should have been performed in which the defendant failed to perform. 7. 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. 8. 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 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. 9. 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. 10. State the length of time the plaintiff was confined to: bed; house; hospital; nursing home or other rehabilitative institution. 11. State separately the total amounts claimed by the plaintiff as special damages for each of the following:
(e) (f) physicians' services with names and addresses of all physicians who treated the plaintiff for said injuries, and the dates of each physician's treatment; 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. 12. 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. 13. State the date of birth of each plaintiff. 14. State the social security number of each plaintiff. 15. State the residence address of each plaintiff.
16. 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 s decedent. 17. 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. 18. 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: the source of the reimbursement, including: (i) the name of the indemnitor (such as Blue Cross, GHI, etc.), (ii) (iii) the group or policy number and plaintiff's identification /number for each provider, Medicaid and/or Medicare number; The dates and amounts of reimbursement. 19. Set forth the total amount claimed for funeral expenses. 20. Set forth the cause of death. 21. Set forth the names of, addresses, ages, and relationships to the decedent of all of the next of kin and distributees of the decedent. 22. Set forth the date and place of death of the decedent. 23. State whether an autopsy was performed upon the body of the decedent and, if so, state where such procedure was performed. 24. Set forth the County and State of birth of the decedent, together with the decedent's full name at the time of birth.
25. With respect to claimed pecuniary loss sustained by the next of kin as a result of the death of decedent, state: the names and addresses of the next of kin who received financial support from the deceased at the time of death; the specific amount received by each of the next of kin from the deceased during the five-year period immediately prior to his death; the approximate dates when each sum of money was allegedly paid the next of kin of the deceased during the five-year period immediately prior to this death; the amount of pecuniary loss claimed to be sustained by each of the decedent's next of kin. 26. Set forth the social security number of the decedent. 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 October 22, 2014 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. Yours, etc. KAUFMAN BORGEEST & RYAN LLP By: Maribeth Slevin, Esq. Attorneys for Defendant PATRIA GONZALEZ, M.D. 1205 Franklin Avenue, Suite 200 Garden City, New York 11530 Tele.: (516) 248-6000 TO: ROSENBLATT & FRASCIELLO, LLC Attorneys for Plaintiffs 4791 Broadway New York, New York 10034 (212) 544-8892
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK AMERICA GONZALEZ, deceased, by EUGENIA FERNANDEZ and ANGELA GARCIA, Administrators of her Estate, Plaintiffs, Index Number: 805247/2014 -against- PATRIA GONZALEZ, M.D. and THE NEW YORK AND PRESBYTERIAN HOSPITAL, Defendants DEMAND FOR BILLS OF PARTICULARS KAUFMAN BORGEEST & RYAN, LLP ATTORNEYS AT LAW 1205 FRANKLIN AVENUE, SUITE 200 GARDEN CITY, NEW YORK 11530 (516) 248-6000 ATTORNEYS FOR: DEFENDANT PATRIA RAMONA GONZALEZ, M.D