Litigation Documents
The Lawsuit Begins:
Summons and Complaint ………………………………………………..
Attorney verification …………………………………………………...
Certificate of Merit ……………………………………………………...
Affidavit of Service………………………………………………………
Answer…………………………………………………………………...
Attorney verification……………………………………………………..
Demand for Bill of Particulars…………………………………………...
Demand for Discovery & Inspection…………………………………….
Demand for Expert Information………………………………………….
Demand for Discovery & Inspection……………………………….........
Demand for Collateral Source Information………………………...........
Notice of Deposition……………………………………………………..
Notice of no fax service………………………………………………….
Affidavit of service of litigation documents……………………………..
1-6
6
7
8
9 – 11
12
13 – 16
17
9 - 20
21-21
25 – 26
27
28
29
Discovery Begins
Notice of Medical Malpractice……………………………………..........
Request for a Preliminary Conference…………………………………..
Affirmation of Good Faith……………………………………………….
Plaintiffs Combined Demand for Discovery & Inspection……………....
Bill of Particulars ………………………………………………………..
Verification of Bill of Particulars ……………………………………….
Preliminary Conference Order…………………………………………..
Transcript of Deposition…………………………………………………
Compliance Conference Order…………………………………………...
Response to Demands – Expert………………………………………….
Supplemental Bill of Particulars…………………………………………
Verification of the Supplemental Bill of Particulars……………………..
30 – 32
33
34
35-38
39-45
46
47 – 49
50 – 75
76 – 77
78 – 79
81 – 86
87
Discovery Ends
Certification Order………………………………………………………. 88
Note of Issue……………………………………………………………... 89
New York Practice Litigation Documents Index
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
--------------------------------------------------------------------X
ANNE JONES,
Index No.:
SUMMONS
Plaintiff designates Richmond
County as the place of trial.
Plaintiff,
-against-
The basis of venue is:
Plaintiff’s residence
SCOTT ENTERPRISE and
ISLAND ORTHOPEDICASSOCIATES, P.C.
Defendants.
--------------------------------------------------------------------X
Plaintiff resides at:
249 Naughton Avenue
Staten Island, New York 10305
County of Richmond
To the above named Defendants:
You are hereby summoned to answer the complaint in this action, and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance on the plaintiff's attorneys, within twenty days after the services of this summons
exclusive of the day of service, where service is made by delivery upon you personally within the
state, or within 30 days after completion of service where service is made in any other manner. In
case of your failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the complaint.
Dated:
New York, New York
December 1, 2016
__________________________
LAURA GENTILE
Gentile & Associates
226 Fifth Avenue
New York, New York 10001
212-689-6009
TO:
Scott Enterprise
1 Ralph Place
Staten Island, New York 10304
Island OrthopedicAssociates, P.C.
374 Clove Road
Staten Island, New York 10301
NYP Litigation Documents page 1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
--------------------------------------------------------------------X
ANNE JONES,
VERIFIED
COMPLAINT
Index No.:
Plaintiff,
-againstSCOTT ENTERPRISEAND
and
ISLAND ORTHOPEDICASSOCIATES, P.C.
Defendants.
--------------------------------------------------------------------X
Plaintiff, by her attorneys Gentile & Associates, as and for her Complaint against defendants,
state, upon information and belief, as follows:
1.
At the time of the commencement of this action, plaintiff was a resident of the
County of Richmond, State of New York.
2.
This action falls within one or more of the exemptions set forth in CPLR 1602.
3.
At all times mentioned herein, defendant SCOTT ENTERPRISE was a physician
duly licensed to practice in the State of New York.
4.
At all times mentioned herein, defendant SCOTT ENTERPRISE held himself out to
be a physician offering professional services to the public in general, and to plaintiff in particular.
5.
At all times mentioned herein, defendant SCOTT ENTERPRISE represented that he
was competent to perform and render the medical care, treatment, services, and advice required by
the plaintiff ANNE JONES.
6.
At all times mentioned herein, ISLAND ORTHOPEDICASSOCIATES, P.C. was a
partnership of physicians practicing medicine in New York State.
1
NYP Litigation Documents page 2
7.
At all times mentioned herein, ISLAND ORTHOPEDICASSOCIATES, P.C. was a
partnership of physicians duly organized and existing under and by virtue of the laws of the State of
New York.
8.
At all times mentioned herein, ISLAND ORTHOPEDICASSOCIATES, P.C. was a
medical Professional Corporation duly organized and existing under and by virtue of the laws of the
State of New York.
9.
At all times mentioned herein, defendant SCOTT ENTERPRISE was stockholder
and principal in ISLAND ORTHOPEDICASSOCIATES, P.C.
10.
At all times mentioned herein, defendants SCOTT ENTERPRISE was employed by
defendant ISLAND ORTHOPEDICASSOCIATES, P.C.
FIRST CAUSE OF ACTION
11.
On or about June 22, 2014 through September 14, 2014 and at all times mentioned
herein, defendant SCOTT ENTERPRISE and ISLAND ORTHOPEDICASSOCIATES, P.C., by its
employees undertook to and did render medical care, treatment, services and advice to plaintiff
ANNE JONES.
12.
Defendants, their agents, servants, partners and employees were negligent in the
treatment, services and care rendered to and on behalf of the plaintiff ANNE JONES in failing to
use reasonable care in the services and care rendered to an on behalf of the plaintiff; failure to
properly treat plaintiff's fractured wrist; in failing to heed her condition; in failing to perform
indicated procedures; in improperly performing indicated procedures; in failing to take a history and
physical examination of plaintiff; in failing to take a proper history and physical examination of
plaintiff; in failing to perform indicated treatments; in improperly performing indicated treatments;
in failing to properly diagnose the condition of plaintiff; in negligently departing from hospital
practice and procedures in services rendered to plaintiff; in failing to heed or appreciate the
2
NYP Litigation Documents page 3
significance of the signs and symptoms exhibited by plaintiff; in improperly prescribing medication;
in improperly administering medication; in failing to timely refer plaintiff to specialists; in failing to
properly treat plaintiff's condition; and in otherwise being negligent, careless, and reckless in the
diagnosis and treatment of plaintiff.
13.
The medical treatment rendered to plaintiff ANNE JONES by defendants their
partners, agents, servants, licensees and employees, was performed negligently and carelessly and
was rendered in a manner which departed from the standard of good and accepted medical practice
then and there prevailing, and constituted medical malpractice.
14.
As a result of the foregoing, plaintiff ANNE JONES was caused to sustain severe
and permanent personal injuries, was caused to suffer severe pain and mental anguish, was caused to
expend and become obligated to expend sums of money for medical services and related expenses
which continue into the future, and has been damaged in a sum which exceeds the jurisdictional
limitations of all lower courts which would otherwise have jurisdiction.
SECOND CAUSE OF ACTION
15.
Plaintiffs repeat and reallege each and every allegation set forth above with the same
force and effect as if more fully set forth at length hereat.
16.
At all of the times aforementioned, defendants, their partners, agents, servants,
employees and licensees who rendered medical diagnosis care, treatment, services and advice to
plaintiff ANNE JONES, failed to adequately inform her or her representatives, and failed to warn
them of the nature, purpose, known perils, recognized hazards, risks and possible complications of
the medical diagnosis, treatment, services and advice rendered to the plaintiff; defendants, their
partners, agents, servants, employees and licensees failed to inform plaintiff regarding the outcome
or possible consequences of the medical diagnosis, treatment, services and advice which they
rendered; defendants, their partners, agents, servants, employees and licensees failed to inform
3
NYP Litigation Documents page 4
plaintiff or her representatives of any alternative methods of treatment; defendants, their partners,
agents, servants, employees and licensees failed to obtain an informed consent by or on behalf of the
plaintiff ANNE JONES.
17.
A reasonable person in plaintiff's position would not have undergone the treatment if
she had been fully informed, and the lack of said informed consent is a proximate cause of the
injuries for which recovery is sought.
18.
As a result of the foregoing, plaintiff ANNE JONES was caused to sustain severe
and permanent personal injuries, was caused to suffer severe pain and mental anguish, was caused to
expend and become obligated to expend sums of money for medical services and related expenses
which continue into the future, and has been damaged in a sum which exceeds the jurisdictional
limitations of all lower courts which would otherwise have jurisdiction.
WHEREFORE, plaintiff ANNE JONES demands judgment on all causes of action against
the defendants in an amount which exceeds the jurisdictional limitations of all lower courts which
would otherwise have jurisdiction over this action, together with the interest, costs and
disbursements of this action.
Yours, etc.
Gentile & Associates
401 Park Avenue South,
10th Floor
New York, New York
10001 212-689-6009
4
NYP Litigation Documents page 5
Laura Gentile, an attorney duly admitted to practice law in the State of New York affirms the
truth of the following:
I am an attorney for the plaintiff in the action within; I have read the foregoing
COMPLAINT and knows its contents; the same is true to my knowledge except as to the matters
therein stated to be alleged upon information and belief, and as to those matters I believe it to be true
and the reason that this verification is not made by plaintiff and is made me is that plaintiff is not
presently in the county where the attorneys for the plaintiff have their office.
The source of my information and the grounds of my belief as to all matters not stated upon
my knowledge are from investigations made on behalf of the plaintiff.
Dated:
New York, New York
December 1, 2016
_______________________________
LAURA GENTILE
NYP Litigation Documents page 6
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
--------------------------------------------------------------------X
ANNE JONES,
CERTIFICATE OF MERIT
Plaintiff,
Index No.:
-againstSCOTT ENTERPRISEAND
ISLAND ORTHOPEDICASSOCIATES, P.C.
Defendants.
--------------------------------------------------------------------X
Laura Gentile, an attorney duly admitted to practice law in the State of New York affirms the
truth of the following:
I have reviewed the facts of the within action and consulted with a physician, who is licensed
to practice in New York State and who is knowledgeable in the relevant issues involved in the
within action. Based on this review and consultation, I have concluded there is a reasonable basis
for the commencement of this action.
Dated:
New York, New York
December 1, 2016
_______________________________
LAURA GENTILE
NYP Litigation Documents page 7
AFFIDAVIT OF SU \ TAfLE SERVICE
y
INDEX# 103678/06
Su5re me COURT OF THE STATE OF NEW iOR~
CO NTY OF Richmond
1·
I
)
ANNEJONES
GENTILE & ASSOCIATES
226 5th Ave
NEW YORK
NY 10001
- against -
SCOTT ENTERPRISE and ISLAND ORTHOPEDIC ASSOC.
(212) 689-6009
Atty File #
Record # 84591
File # 611
STATE OF NEW YORK: COUNTY OF NASSAU : ss
.
Joseph San chez bein g ; duly sworn deposes and says deponent
is no t a party t o t~1s action and is over the age of eighteen years
and resides in the state of New York :
That on 12/ 11 / 06 at 4:40 pm at 11 Ralph Pl Staten Is land Ny 10304
deponent served the within Sum mon s & Verified Complaint on
Scott Enterprise
rec 1 p i e n....t
there in n am ed.
Aft~r _y o ur_deponent was ui:iable with due diligence to serve the ~
rec1p1ent 1n per sont service was made b y delivering a true copys
thereof to and leav ing with "Jane " Falez secretary
z
a person of s •.titable age and discretion at 11 Ralph Pl
o
~:~:rnp1:~:n~fNtu!t~::ss :1gh~~e;~:e!t::!n~ft~:wr~~~e ~ent's
2
Deponent co mpleted service by depositin g a copy of the
;
:~
Jon
~
§;:
:z:
::c:
~
iJ1.s. ._
Summons & Verifi ed Complain t on 12/ 14/06 in a post paidi
,..,
p roperly addresse d envelope by f i rs t class ma1ll bearing the l ~?Jj
Persor:ial & Conf ident ial and . not indicating leg a
action, in a nSof ·c
depository Linder the exclus i ve care and custody of the United ~ t
Post Office in the State of New York.
~
s f;f"
::ic ·
Mailin g was mad e to 11 Ralph Pl Staten Island Ny 10304
-..:
-
Attempts:
A d escription of t he person serve d on behal f of the defe nd ant is
TJ
as follows:
~
)
Appro x Age: 45 Years Approx Weight: 120 Lbs .
Appro x Height: 5' 3"
Sex: Fe male Color of S kin : White
Color·of Hai r : Brown
<.rt
Other: Refused To Give First Na me
.......
l.,J
._
-i
-<
> (.
w
Deponent spoke to •Jane• Falez-Secretary sa1e as above,
rr1
::0
~
confirmed the above address of defendant and asked whether defendant was in active military
service of the United States or the State of New York in any capacity whatever or is a dependent
of anyone in the military and received a negative reply. Defendant wore ordinary civilian clothes
and no military uniform. The source of my information and the grounds of my belief are the
conversations and observations above narrated. Upon information and belief I aver that defendant is
not in the military service of New York State or of the United States as that term is defined in either the
State or in Federal statutes.
Sworn to before me this 12/1 4 / 16
06
Patricia K. MLtser #01MUE,001131
Notary P1.1bl
ic, Commission
State of New
Yor k s 01/05/06
16
Nassa•
unty,
Expire
~ s~
(,..._
~
Josephlnsc@
. h.ez
fi
~0\
QR~
Supreme Judicial Services,
371 Merrick Road• Rockville Centre, N.Y. 11570 • (516) 825-7600
'11225 Broadway• New York, N.Y. 1000'7 • (212) 319-7171
FAX (516) 568-0812
NYP Litigation Documents
page 8
SUPREME COURT OF THE STATE 01' NEW YORK
COUNTY Of RICHMOND
- • • --
- · • • •••• _ ___.......................... _
......· -X
ANSWER
Anne.Jones
Plainliff,
Index No.
j 36, /06
-against-
scarr ENTERPRISE and RlCHMOND ORTHPEDICS
Defcnda1)t1.
Defendan1s, by lhcir anomcys, DWYER & TAGLIA, ESQS., hereby ansW<:r 1he plainliff's
Complainl a< follows:
ANSWER TO THE PREFATORY ALLEGATIONS
DKI
•.
Deny kno\vlcdgc and infonnution sufficient to answer the allegations contained in
pamgmphs I •nd 2 of•h• Complaint and refer all quos1ions of law 10 the Court.
2.
Den}' knowledge or infonna1ion sufficient to ans"'Cr the allegations in paragraph 4
Enterprise
and S of 1he Complaint in the form alleged cxccpl admit that dcfcndanl, Scott
NAD\JllEE1HI
1, M.D., was and is certified as a spcciaJist by the American Board of Onhopcdic:
C
Surgery, and chat he moint:,incd and cum;:ntl)' maintalns Bn office for the practice of medicine at
I Ralph Plate. Staten Island. New York 10304, and refer all qu~tions oflaw to lhe Court.
3.
Deny thi: allegalions contained in parnt,,r&phs 6 and 7 of lhc Complaint and refer aU
qw:s1ions of law to I.he Col,IJL
4.
Deny knowledge and information suffi<;ient 10 answer 1hc allegations contained in
Scott Enterprise JAYARAM.
paragraphs 9 and JO oi the Complaint except admit that defendant, NADUBllEllll
Island OrthopedicASSOCIATES,
Associates
M.D., wos and is a shareholder in ORTHOPAEDIC
P.C., and i:<:fer all qllCStions
oflow to the Court.
NYP Litigation Documents page 9
ANSWER TO THE FIRST CAUSE OF ACTION
5.
Deny knowledge or infonnation sufficient to answer the alJegations contained in
Scott
paragraph 11 of the Complaint in the fonn alleged except admits that defendant, NADUBEETHI
JAY
ARAM, M.D., rendered professional services to one MAUREEN
Anne Jones TRAYNHAM on dates
Enterprise
20 and August 4, 2004. 2014
between June 25, 2004
6.
Deny the allegations contained in paragraphs 12, 13 and 14 of the Complaint and
refer all questions of law to the Court.
ANSWER TO THE SECOND CAUSE OF ACTION
7.
As to paragraph 15 of the Complaint, defendants reallege the denials contained in
the preceding paragraphs of this Answer.
8.
Deny the aJlegations contained in paragraphs 16, 17 and 18 of the Complaint and
refer all questions of Jaw to the Court.
FIRST AFFIRMATIVE DEFENSE
The injuries and damages claimed were contributed in whole or part by the culpable conduct
of the plaintiff-in-interest such that defendant will seek a diminution of damages pursuant to
C.P.L.R. § 1411, et~-
SECOND AFFIRMATIVE DEFENSE
The defendants' alJeged liability is limited by C.P.L.R. § 1601, et~-
THIRD AFFIRMATIVE DEFENSE
Any verdict or judgment should be reduced by the amounts of past or future collateral
source reimbursements of aUeged special damages pursuant to C.P.L.R. § 4545(c).
FOURTH AFFIRMATIVE DEFENSE
The cause of action based upon alleged lack of an infonned consent is barred or limited by
the Public Health Law § 2805(d).
WHEREFORE, defendants demand judgment dismissing the Complaint, and further
demand that their rights be detennined, and that they be awarded judgment against the plaintiffs
with costs, interest and disbursements.
NYP Litigation Documents page 10
Dated: December 28, 2006
2016
New York, New York
Peter . Tagl , Esq.
DWYER & TAGLIA, ESQS.
A ttQmeys for Defendants
ASSOCIATE:S, t'.L.
111 John Street, Suite 620
New York, New York 10038
(212) 227-6000
NYP Litigation Documents page 11
ATTORNEY'S VERIFICATION
Peter R. Taglia, an attorney du1y licensed to practice law in the state of New York, hereby
affirms the following:
I am the attorney of record for the answering defendant. l have read the annexed ANSWER
TO COMPLAINT and know the contents thereof and the same are true to my knowledge based
upon interviews with my client and the infonnation maintained in the file.
I make this affinnation instead of the client because he maintains a principal place of
business outside of the County of New York, wherein I maintain my office.
I affirm that the foregoing statements are true under penalties of perjury.
Dated: December 28, 2006 2016
New York, New York
NYP Litigation Documents page 12
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
-----------x
Anne Jones
DEMAND FOR
A BILL OF
PARTICULARS
Plaintiff,
-against-
Index No.
J
Scott Enterprise and Island Orthopedic Associates, P.C.
Defendants.
---------------x
Scott EnterpriseJAYARAM and RICHMOND
PLEASE TAKE NOTICE that defendants, NADUBEETHI
Island
ORTI-IOPAEDlC ASSOCIATES, P.C., hereby demand that plaintiff serve a responsive bill of
particulars upon the undersigned within twenty (20) days after receipt of this demand pursuant to
C.P.L.R. §§ 3041, 3042, 3043 and 3044;
PLEASE TAKE FURTHER NOTICE that a motion seeking an Order of Preclusion will be
made in the event plaintiff fails to respond to this demand within the specified time period to the
following items:
J•
Set forth the date, time and location when:
a)
the acts of malpractice alleged in the Complaint were committed by
the defendari
;
·
:, and
b)
defendant r
rendered invasive treatment, procedures
and/or treatment to the plaintiff without an infonned consent;
c}
the plaintiff sustained the injuries complained of in the Complaint.
1
·:
...
2.
A separate statement as to defendant DR.
of the claimed acts of
omission and/or commission, including specification of the procedures, diagnostic
tests, examinations, medications, recommendations, and/or other medical treatment,
constituting the alleged malpractice.
3.
A separate statement as to defendant Island
·
· "~THOPAEDIC
ASSOCIATES, P.C., of the claimed acts of omission and/or commission, including
specification of the procedures, diagnostic tests, examinations, medications,
NYP Litigation Documents page 13
recommendations, and/or other medical treatment, constituting the alleged
malpractice.
4.
In respect to plaintiffs allegation DR
without an infonned consent, set forth:
a}
A rendered treatment to the plaintiff
the procedures, treatment and/or medications which plaint;«,.,_!.
were rendered and/or prescribed by defendant DI,.
, Lo
the plaintiff without an infonned consent;
b)
those risks which plaintiff claims should have been explained by
defendant OF
·and
:! •
c)
the risks which were realized and resulted in actual injury to the
plaintiff.
5.
Set forth any statutes, ordinances and/or regulations which plaintiff claims were
violated by DR.
6.
Indicate whether the answering defendants' alleged liability is based upon:
a)
the conduct and/or the acts of anyone other than DR. JAY
ARAM;
Enterprise
and
b)
the acts or om1ss1ons of such other agents, servants, and/or
employees with identification of such persons by name or job
description.
7.
Set forth the conditions, illnesses and/or injuries for which the plaintiff undertook
treatment with the defendants.
8.
Set forth the injuries which plaintiff claims resulted from the alleged malpractice.
9.
State the total amounts, if any, claimed by plaintiff as (past) special damages for
expenses incurred to date for:
a) hospital expenses
b) physician services
c) medical supplies
d) loss of earnings
e) other
2
NYP Litigation Documents page 14
10.
State the total amounts, if any, which will be claimed by plaintiff as (future) special
damages for expenses incurred prospectively for:
a) hospital expenses
b) physician services
c) medical supplies
d) loss of earnings
e) other
11.
With respect to alleged prospective (future) special damages, set forth the period of
time which plaintiff claims each of the expenses specified above will be incurred:
a) hospital expenses
b) physician services
c) medical supplies
d) loss of earnings
e) other
12.
Set forth the extent to which any of the special damages, as itemized above, have
been or will be reimbursed by a collateral source of:
a) hospital expenses
b) physician services
c) medical supplies
d) loss of earnings
e) other
13.
Set forth the plaintiff's date of birth, address and social security number.
14.
State the occupation, profession and/or vocation, if any, which plaintiff claims was
interrupted and/or prevented by reason of the injuries alleged in this lawsuit,
specifying:
a)
the type of occupation, profession or vocation engaged in by plaintiff
prior to the a11eged malpractice;
b)
the name and address of said plaintiffs employer, business and/or
school;
c)
the period in which said plaintiff was prevented from engaging in
said occupation, profession or vocation; and
d)
the amount of income, earnings, and/or lost profits by reason of the
plaintiffs alleged disability from such occupation, profession or
vocation.
3
NYP Litigation Documents page 15
15.
Set fonh the names and addresses for each hospital, clinic, physician, and/or other
medical practitioner which attended to and/or treated the plaintiff for the injuries
claimed in the Complaint, including the dates of all such hospitalization and/or
treatments.
16.
The exceptions to C.P.L.R. § 1601 which plaintiff claims that the alleged liability
falls within.
Dated: December 28, 2006 2016
New York, New York
p
.
A,ESQS.
Attorneys for Defendants.
,,
..... - ·-
-·----
-·
111 John Street, Suite 620
New York, New York 10038
(2 l 2) 227-6000
TO:
GENTILE & ASSOCIATES
Attorneys for Plaintiff
226 Fifth Avenue
New York, New York 10001
(212) 689-6009
4
NYP Litigation Documents page 16
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
------------------------------------------------x
Anne Jones
-
-
DEMAND FOR
MEDICAL REPORTS,
AUTHORIZATIONS
AND X-RAYS
. . . . . . . ,f
Plaintiff,
-against-
Index No.
Scott Enterprise and Island Orthopedic Associates, P.C.
--
......
,,
Defendants.
-------------------------------------------x
PLEASE TAKE NOTICE, that pursuant to C.P.L.R. § 312l(b) and 22 N.Y.C.R.R. § 202.17
et seq., defendant hereby demands that the plaintiff provide the following:
1)
all reports of treating and/or examining physicians who will be called
at trial:
2)
authorizations for all clinics, physicians and hospitals, physical
therapists who have treated and/or examined the plaintiff for the
injuries or conditions claimed in this lawsuit, including St. Vincent's
Medical Center of Richmond, and Bromer Medical Imaging (now
known as Integrated Diagnostics) (setting forth the complete names
of hospitals, medical clinics and physicians, dates of treatment and/or
admissions, hospital identification numbers and complete addresses
for both the patient and health care provider); and
3)
x-ray films, including routine x-rays, MRis CT films, myelographic
films, and/or other radiographs which the plaintiff wi11 seek to
introduce at trial.
Dated: December 28, 2006 2016
New York, New York
A, ESQS.
Attorneys for Defendants,
--"'"'"·
•• 11,J'...,....,......,, ....
&&.,,111,J''
..
·-·
111 John Street, Suite 620
New York, New York 10038
(212) 227-6000
NYP Litigation Documents page 17
TO:
GENTILE & ASSOCIATES
Attorneys for PJaintiff
226 Fifth Avenue
New York, New York 10001
{212) 689-6009
2
NYP Litigation Documents page 18
SUPREME COURT OF THE STA TE OF NEW YORK
COUNTY OF RICHMOND
-------·---------------x
Anne Jones,
DEMAND FOR
EXPERT WITNESS
INFORMATION
Plaintiff,
Index No.
-against-
Scott Enterprise and Island Orthopedic Associates, P.C.,
Defendants.
--------------------------x
'1., and
PLEASE TAKE NOTICE that defendants~
C. hereby demands, pursuant to C.P.L.R. §
3l0l(d}(l)(i), and the authority of Thomas v. Alleyne, 302 A.D.2d 36, 752 N.Y.S.2d 362 (2nd
Dept. 2002), that the plaintiff provide the following infonnation within twenty (20) days with
respect to each person she intends to·call as an expert witness at trial:
l.
The number of experts, complete name, office address, nature or proposed expertise and
dates on which each expert was retained as to each expert witness plaintiff and
codefendants intend to call at trial (excepting the names of medical experts as permitted
under C.P.L.R. § 3101(d)(l)(i)).
2.
The qualifications of each expert, including:
3.
a}
undergraduate colleges and medical schools and post-graduate programs attended
or completed by each expert, including the degrees obtained by each expert;
b)
the internship, residencies and/or fellowship(s) completed by each expert,
including the type of such post-graduate training programs, the programs
completed and the locale of al) such internship(s), residencies and/or fellowships;
c)
the jurisdictions in which each expert is licensed as a professional;
d)
the specialties or sub-specialties which comprise each expert's practice; and
e)
the specialties in which each expert is board certified or board eligible.
In respect to the testimony of each medical expert, state the following:
NYP Litigation Documents page 19
a)
If the medical expert(s) will testify that defendant departed from good and
accepted medical practice in the treatment of the plaintiff, list each alleged
departures and a summary of the facts which form the grounds for each expert's
opinion as to why such act or omission was a departure from the standard of care;
and
b)
the substance of the expert's testimony on the issue of informed consent, including
the risks, complications or alternatives which, in the expert's opinion, should have
been mentioned and the injuries which resulted from the lack of disclosure.
4.
State whether the plaintiff will call an economic expert or actuary at trial. If so, set forth:
a)
The subject matter of said expert's testimony, including the present value of past
and future earnings, the present value of past and future medical and/or other
expenses, projected future earnings, projected future expenses and other
estimation of pecuniary loss; and
b)
The basis of said valuations, projections forecasts, including the substance of fact
and opinions held by the expert in arriving at same.
Dated: December 28, 2006 2016
New York, New York
.
TAGLIA, ESQS.
Attorneys for Defendants,
• •UUV\,,,,11'
1.C..~, C .~.
111 John Street, Suite 620
New York, New York 10038
(212) 227-6000
TO;
GENTILE & ASSOCIATES
Attorneys for Plaintiff
226 Fifth Avenue
New York, New York I 0001
(212) 689-6009
2
NYP Litigation Documents page 20
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
----------------
X
Anne Jones,
Plaintiff,
-against-
DEMAND FOR
WITNESSES,
STATEMENTS
AND PHOTOGRAPHS
Index No.
103678/06
Scott Enterprise and Island Orthopedic Associates, P.C.,
Defendants.
-----------------x
,
PLEASE TAKE NOTICE that defendants,
' hereby demands, pursuant to C.P.L.R. § 3101 et~-, that
the plaintiff respond to this notice for disclosure of witnesses, photographic video recordings, and
party statements under oath within twenty (20) days of the service of this demand.
WITNESSES
PLEASE TAKE NOTICE THAT defendants demands that plaintiff disclose within twenty
(20) days or upon receipt of such infonnation the name and address for each person known by you
or your client to be a witness to the following:
1.
The injuries and/or medical conditions alleged in the Complaint; or
2.
Any negligence and/or carelessness in services, treatment,
procedures, and/or practices rendered by defendant to the plaintiff
which allegedly caused the injuries and/or medical conditions alleged
in the Complaint; or
3.
Any persons having knowledge with respect to any conversations,
communications or writings with respect to the injuries and/or
medical conditions referred to in the Complaint; or
4.
Any persons having knowledge with respect to any items of special
or general damages asserted by plaintiff in the within action.
If you are unaware of any witnesses at this time, so state in the reply to this demand.
NYP Litigation Documents page 21
PLEASE TAKE FURTHER NOTICE, that this demand shall be considered continuous
during the pendency of the within action, and should the parties whom you represent, or their
representatives, learn the identity of any such witness as aforedescribed, the undersigned demands
that the name and address of such witness be provided, pursuant to C.P.L.R. § 3101(a) and, further,
that the undersigned will object, upon trial, to the testimony of any witness not so identified.
PHOTOGRAPHS, VIDEO PICTURES AND OTHER RECORDINGS
PLEASE TAKE NOTICE that pursuant to C.P.L.R. § 3120, et~-, the defendants demand
that the plaintiff produce at the office of the undersigned attorneys, within thirty (30) days from
receipt of this notice, any photographs, video pictures or other recordings received or obtained by
plaintiff, or her attorneys, agents or representatives, which depict the alleged injuries or the
plaintifrs alleged damages, plaintiffs alleged condition and/or disability, the defendant's alleged
conduct or any photograph which plaintiff posses or control and/or will seek to introduce at trial,
and permit defendant, or the undersigned attorneys acting on behalf of defendant, to inspect and
copy. The aforesaid production may be complied with by sending true photographic or video
reproductions of each aforementioned photograph and/or such video tape to the undersigned within
the time herein specified.
NOTICE OF DEMONSTRATIVE RECORDINGS
PLEASE TAKE FURTHER NOTICE TIIAT defendant hereby demands notice be provided
to defendants' counsel prior to the recording and/or making of any photographic, video or other
recording which is intended and/or which will be used at trial to depict the alleged injuries,
disability, daily routine and/or limitations thereto. Defendants further demand the opportunity to be
present for the recording of such evidence and/or recordings.
2
NYP Litigation Documents page 22
PLEASE TAKE FURTHER NOTICE that in the event of your failure to comply with this
notice, the undersigned defendants will move to preclude the plaintiff from introducing into
evidence any testimony relating to such photographs or recordings and to the photographs or
recordings for any purpose whatsoever, upon the trial of this action.
PARTY STATEMENTS
PLEASE TAKE NOTICE that pursuant to C.P.L.R. § 3101 et seq., demand is hereby made
for the following relative to the party or parties represented by the undersigned (herein the party}:
1.
Copies of any and all written statements taken of or from the party,
an agent, servant or employee of the party;
2.
A statement indicating the substance of any oral statements
concerning any issue in this case, including claimed admissions
against interest, taken of or from the party, an agent, servant or
employee indicating the date the oral statement was made, the name
and description of the person who made the oral statement and the
name and address of the person who heard the oral statement.
3.
Copies of any and all recorded statements taken of or from party, an
agent, servant or employee.
4.
Copies of any and all transcriptions of recorded statements taken of
or from the party, an agent, servant or employee.
PLEASE TAKE FURTI-IER NOTICE that in the event of failure with this demand, the
undersigned shall make a motion to exclude the use of such statements at trial.
Dated: December 29, 2006 2016
New York, New York
e
aglia, Esq.
DWYER & TAGLIA, ESQS.
Attorneys for Defendants
111 John Street, Suite 620
New York, New York 1003 8
(212) 227-6000
3
NYP Litigation Documents page 23
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
-------------x
DEMAND FOR
COLLATERAL
Anne Jones,
SOURCE
Plaintiff,
-against-
Index No.
103678/06
Scott Enterprise and Island Orthopedic Associates, P.C.,
Defendants.
--------------------------------------x
PLEASE TAKE NOTICE that demand is hereby made upon the plaintiff to furnish to the
undersigned within thirty (30) days hereof, pursuant to C.P.L.R. § 310 I and § 4545, all canceled
checks, receipts, contracts or other agreements whereby plaintiff has received, or in the future is
reasonably likely to receive, payments for special damages incurred or to be incurred, as alleged in
the Complaint.
This infonnation is to include:
a)
The payments or indemnity received from collateral sources for
(past) special damages or economic losses, incurred to date;
b)
The reasonably certain payments or indemnity to be received by
plaintiff from collateral sources for (future) special damages or economic losses; and
c)
The identity of each insurer (except life insurer) which has or is
reasonably certain to provide payments or indemnity by:
1.
2.
3.
4.
5.
names of insurer;
address of insurer;
name of insured;
policy or other identifying number; and
the amount paid or reasonably certain to be paid.
Dated: December 28, 2006 2016
New York, New York
NYP Litigation Documents page 24
...
. a a, E q.
DWYER & TAGLIA, ESQS.
Attorneys for Defendants.
'.D.
111 Jonn ~treet, :suite 620
New York, New York 1003 8
(212) 227-6000
TO:
GENTILE & ASSOCIATES
Attorneys for Plaintiff
226 Fifth Avenue
New York, New York 10001
(2 I 2) 689-6009
NYP Litigation Documents page 25
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
-------------Anne Jones,
---------------------------x
NOTICE TO
TAKE ORAL
DEPOSITIONS
Plaintiff,
Index No.
-against-
Scott Enterprise and Island Orthopedic Associates, P.C.,
Defendants.
-----------x
PLEASE TAKE NOTICE that pursuant to C.P.L.R. §§ 3102(a), 3107 and 3109(a) the
testimony upon oral examination of plaintiff as an adverse party, will be taken before a Notary
Public, who is not an attorney, or employee of an attorney for any party and who wouJd not be
disqualified to act as a juror because of interest, consanguinity or affinity to any party, at I0:00 a.m.
on the 2nd day of April, 2007, at the offices of the undersigned with respect to evidence material
and necessary in the defense of this action:
All the relevant facts and circumstances in connection with the events in issue,
including negligence, contributory negligence, liability and damages.
That the said person(s) to be examined is required to produce at such examination:
All photographs, diaries, medical records incident reports and written memoranda
regarding the treatment-in-issue, the alleged injuries, the prior and subsequent
medicaJ care, and plaintiff's alleged damages.
Dated: December 28, 2006 2016
New York, New York
et
. Taglia, Esq.
DWYER & TAGLIA, ESQS.
Attomev~ fnr 0PfPnnAnt4:.
...,
... ---
tt~~UL:lA T£S,
f' .C.
11 I John Street, Suite 620
New York, New York 10038
(212) 227-6000
NYP Litigation Documents page 26
TO:
GENTILE & ASSOCIATES
Attorneys for Plaintiff
226 Fifth Avenue
New York, New York 10001
(212) 689-6009
2
NYP Litigation Documents page 27
SUPREME COURT OF IBE STATE OF NEW YORK
COUNTY OF RICHMOND
----------------------------------------------x
Anne Jones,
NOTICE PURSUANT
TO C.P.L.R. 2103(A)(S)
Plaintiff,
-against-
Index No.
103678/06
Scott Enterprise and Island Orthopedic Associates, P.C.,
Defendants.
---------------------
--------x
PLEASE TAKE NOTICE that defendants hereby serve notice, pursuant to C.P.L.R. §
2103(a)(5), that their cowtsel do not consent to service of papers by electronic means, including
facsimile transmittals.
Dated: December 28, 2006 2016
New York, New York
g ia, Esq.
& TAGLIA, ESQS.
Attorneys for Defendants
II
1 1 1 Jonn :street, .:,um: 020
New York, New York 10038
(212) 227-6000
TO:
GENTILE & ASSOCIATES
Attorneys for Plaintiff
226 Fifth Avenue
New York, New York 10001
(212) 689-6009
NYP Litigation Documents page 28
AFFIDAVIT OF SERVICE BY MAIL
Jessica Haley, being duly sworn, hereby deposes and states:
I am over 18 years of age, not a party to this action, and
reside in Richmond County.
On the __ day of December,
FOR A BILL OF PARTICULARS,
2006 I served a ANSWER, DEMAND
DEMAND FOR COLLATERAL SOURCE,
DEMAND
FOR MEDICAL REPORTS, AU'l'HORIZATIONS AND X-RAYS, DEMAND FOR EXPERT
WITNESS
:rNFORMAT:CON,
DEMAND
FOR
WITNESSES,
AND
on the
at the address designated by said attorney by
copy of same in a postage paid, properly
in an official depository under the exclusive
the United States Post Office within the State
PHOTOGRAPHS AND NOTICE PURSUANT TO C.P.L.R.
following attorney
depositing a true
addressed envelope,
care and custody of
of New York:
STATEMENTS
§
2103 (A) (5)
GENTILE & ASSOCIATES
Attorneys for Plaintiff
226 Fifth Avenue
New York, New York 10001
(212) 689-6009
Sworn to on this
day of December 2006 2016
NYP Litigation Documents page 29
NOTICE OF MEDICAL, DENTAL OR PODIATRIC MALPRACTICE ACTION
Index No. 103678/16
_______________________________
Malpractice Calendar # (if any)
_________________________
Reserved for Clerk’s use:
________________________________
Name of Judge assigned
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
-----------------------------------------------------------------------------------X
ANNE JONES,
Plaintiff,
-againstSCOTT ENTERPRISE and
ISLAND ORTHOPEDICASSOCIATES, P.C.
Defendants.
-----------------------------------------------------------------------------------X
PLEASE TAKE NOTICE that the above action for medical, dental or podiatric malpractice was
commenced by service of summons on December 11, 2006 that issue was joined therein on December 28,
2006 and that the action has not been dismissed, settled or otherwise terminated.
1.
Full name, address and age of each plaintiff:
Anne Jones, 249 Naughton Avenue, Staten Island, New York 10305.
Plaintiff’s date of birth is 05/29/1933.
2.
Full name and address of each defendant:
Scott Enterprise, 11 Ralph Place, Staten Island, New York 10304
Island OrthopedicAssociates, P.C., 1374 Clove Road, Staten Island, New York 10301
NYP Litigation Documents page 30
3.
Alleged Medical specialty:
Scott Enterprise, M.D.: Orthopaedic Surgery
Island OrthopedicAssociates, P.C.: Medical Center: Medical Professional Corporation
4.
Claim is for:
5.
Date and place claim arose: June 22, 2004 through September 14, 2004.
At Island OrthopedicAssociates, PC, 1374 Clove Road, Staten Island, New York 10301.
6.
Substance of claim: Improper treatment of fractured right wrist.
7.
(Following items must be checked)
8.
X Medical malpractice __Dental malpractice __Podiatric malpractice
a.
X Proof is attached that authorizations to obtain medical, dental, podiatric and hospital
records have been served upon the defendants in the action or
__demands have not been made for such authorizations.
b.
X Copies of the summons, notice of appearance, all pleadings, certificate of merit, if
required, and the bill of particulars, if served, are attached.
c.
__A copy of any demand for arbitration, election of arbitration or concession of liability is
attached or
X demand has not been made for arbitration.
d.
__All information required by CPLR 3101(d)(1)(i) is attached or
__a request for such information has not been made or
X such information is not available
Names, addresses and telephone numbers of counsel for all parties:
Gentile & Associates
Attorneys for Plaintiff
Anne Jones
226 Fifth Avenue
New York, New York 10001
Tel (212) 689-6009
Fax (212) 213-1093
Dwyer & Taglia
Attorneys for Defendants
Scott Enterprise and Island OrthopedicAssociates, PC
111 John Street, Suite 620
New York, New York 10038
Tel (212) 227-6000
Fax (212) 227-6050
2
NYP Litigation Documents page 31
Dated: New York, New York
January 25, 2016
Yours, etc.
________________________
Laura Gentile
GENTILE & ASSOCIATES
Attorneys for Plaintiff
226 Fifth Avenue
New York, New York 10001
Tel (212) 689-6009
Fax (212) 213-1093
3
NYP Litigation Documents page 32
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------------X
JANE SCOTT and PETER SCOTT,
Plaintiffs,
-against-
REQUEST FOR
PRELIMINARY
CONFERENCE
Index No.: 110717/05
PORT CORP and
PORT CORP d/b/a
NEW YORK BOATS,
Defendants.
----------------------------------------------------------------------------X
The undersigned requests a preliminary conference.
The nature of the action is to recover damages for personal injuries.
The names and addresses and telephone numbers of all attorneys appearing in the action are as
follows:
GENTILE & ASSOCIATES
Attorneys for Plaintiffs
226 Fifth Avenue
New York, New York 10001
Tel (212) 689-6009
Fax (212) 213-1093
QUIRK AND BAKALOR, P.C.
Attorneys for Defendants
New York Boats
845 Third Avenue
New York, New York 10022
Tel (212) 319-1000
Fax (212) 319-1065
Annexed hereto is an Affirmation of Good Faith pursuant to 22 NYCRR 202.12(a).
Dated: New York, New York
September 2, 2016
Yours, etc.,
____________________________
LAURA GENTILE
GENTILE & ASSOCIATES
Attorneys for Plaintiffs
226 Fifth Avenue
New York, New York 10001
Tel (212) 689-6009
Fax (212) 213-1093
NYP Litigation Documents page 33
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------------X
JANE SCOTT and PETER SCOTT,
Plaintiffs,
-against-
AFFIRMATION
OF GOOD FAITH
Index No.: 110717/05
PORT CORP and
PORT CORP d/b/a
NEW YORK WATERWAY,
Defendants.
--------------------------------------------------------------------------X
Laura Gentile, an attorney admitted to practice before the Courts of this State affirms the
truth of the following under the penalty of perjury and pursuant to CPLR Rule 2106 that the following facts
are true:
1. I am a member of the firm of Gentile & Associates, the attorneys for the plaintiff herein and as
such I am fully familiar with the facts and circumstances of this action based upon a review of the case file
and the investigation materials contained therein.
2. This affirmation is submitted in connection with the filing of a Request for Judicial Intervention
requesting a Preliminary Conference.
3. This is a negligence action to recover damages for serious permanent injuries sustained by plaintiff
Jane Scott as a result of an accident, which occurred on June 27, 2005.
4. A Summons and Complaint was served on the defendants and issue was joined shortly thereafter.
5. A preliminary conference would aid discovery in this case.
WHEREFORE, plaintiffs respectfully requests a preliminary conference be scheduled at the Court’s
earliest convenience.
Dated: New York, New York
September 2, 2016
_________________________
LAURA GENTILE
NYP Litigation Documents page 34
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
--------------------------------------------------------------------X
ANNE JONES,
Plaintiff,
NOTICE OF DISCOVERY
AND INSPECTION AND
COMBINED DEMAND
-againstIndex No.: 103678/06
SCOTT ENTERPRISE AND
ISLAND ORTHOPEDIC ASSOCIATES, P.C.
Defendants.
--------------------------------------------------------------------X
COUNSEL:
PLEASE TAKE NOTICE, that the undersigned hereby demands the following pursuant to
CPLR 3120 and 3101 et. seq., returnable at the offices of Gentile & Associates, twenty (20) days from
the date of this demand, at 10:00 A.M.
DEMAND FOR THE NAMES AND ADDRESSES OF WITNESSES
PLEASE TAKE NOTICE, that the undersigned hereby demands pursuant to Article 31, that
you set forth in writing and under oath the names and addresses of each person claimed by any party
you represent to be a witness to any of the following:
(a) The occurrence alleged in the complaint;
(b) Any acts or conditions which caused the occurrence alleged in the complaint;
(c) Any actual notice given to the defendants or claimed to be given to the defendant(s)
as alleged in the complaint;
(d) The nature and duration of the conditions which allegedly caused the occurrence
alleged in the complaint;
(e) The names and addresses of any persons having knowledge of the acts, notice of
conditions substantiating any affirmative defense asserted by you.
If no such witnesses are known to the defendants, so state in the sworn reply to this demand. The
undersigned will object upon trial to the testimony of any witnesses not so identified.
DEMAND FOR DISCOVERY AND INSPECTION OF ANY STATEMENT OF A
PARTY REPRESENTED BY THE UNDERSIGNED
PLEASE TAKE NOTICE, that the undersigned demands that you produce, pursuant to
NYP Litigation Documents page 35
CPLR 3101(e), copies of such statements.
DEMAND FOR INSURANCE COVERAGE
PLEASE TAKE NOTICE, that the undersigned demands, pursuant to CPLR 3101(f) that you
produce and permit plaintiff to inspect and to copy the contents of any insurance agreement under
which any person or entity carrying on an insurance business may be liable to satisfy part or all of a
judgment which may be entered in this action, or to indemnify or reimburse for payments made to
satisfy judgment which may be entered herein, including but not limited to excess and additional
coverage.
DEMAND FOR INCIDENT REPORTS
PLEASE TAKE NOTICE, that the undersigned demands, pursuant to Article 31 of the CPLR
the production of any incident reports written with respect to medical and nursing care afforded to the
plaintiff during the course of treatment. This Demand includes all incident reports whether or not
prepared exclusively in preparation for litigation.
DEMAND FOR MEDICAL RECORDS
PLEASE TAKE NOTICE, that the undersigned demands, pursuant to Article 31 of the CPLR
the production of all medical records, correspondence, memoranda, billing records and certified bills
relating to the medical care and treatment of the plaintiff.
DEMAND FOR IDENTIFICATION OF TREATING DOCTORS AND NURSES
PLEASE TAKE NOTICE, that the undersigned demands, pursuant to Article 31 of the CPLR
the production of the names and last known addresses of the employees of defendants SCOTT
ENTERPRISE and ISLAND ORTHOPEDIC ASSOCIATES who rendered medical and/or surgical
treatment to plaintiff Anne Jones at Island Orthopedic Associates, 11 Ralph Place, Suite 102, Staten
Island, NY 10304.
2
NYP Litigation Documents page 36
DEMAND FOR PRODUCTION OF OPERATING ROOM AND OFFICE LOG
PLEASE TAKE NOTICE, that the undersigned demands, pursuant to Article 31 of the CPLR
the production of the copies of all operating room logs and office logs pertaining to treatment rendered
to plaintiff Anne Jones at Island Orthopedic Associates.
DEMAND FOR STATEMENTS OF TREATING DOCTORS AND NURSES
PLEASE TAKE NOTICE, that the undersigned demands, pursuant to Article 31 of the CPLR
the production of copies of all statements or records obtained from any physician and/or nurse who
participated in the treatment rendered to plaintiff Anne Jones, relating to plaintiff.
DEMAND FOR MINUTES OF INTERVIEWS
PLEASE TAKE NOTICE, that the undersigned demands, pursuant to Article 31 of the CPLR
the production minutes, notes, tape and/or video recordings, and/or reports of interviews of all
physicians and nurses who participated in the treatment rendered to plaintiff Anne Jones.
DEMAND FOR RULES AND REGULATIONS
PLEASE TAKE NOTICE, that the undersigned demands, pursuant to Article 31 of the CPLR
copies of the rules and regulations of the Department of Orthopedics which were in effect at the time
of plaintiff’s treatment, and copies of the rules and regulations of the Department of Orthopedics
pertaining to the treatment of a fractured distal right radius and the prevention of the malunion of a
distal right radius, which were in effect at the time of plaintiff’s treatment.
DEMAND FOR WRITTEN PROCEDURES AND PROTOCOLS
PLEASE TAKE NOTICE, that the undersigned demands, pursuant to Article 31 of the CPLR
copies of the following, pertaining to the treatment of a fractured distal right radius in the course of a
manipulation and alignment of fractured distal right radius and the prevention of the malunion of the
distal right radius which were in effect at the time of plaintiff’s treatment:
a) Nursing procedure and/or protocol manual;
3
NYP Litigation Documents page 37
b) Staff procedure and/or protocol manual;
c) Physician procedure and/or protocol manual.
DEMAND FOR DEFENDANT’S CURRICULUM VITAE, PERSONNEL AND
PRIVILEGES FILE
PLEASE TAKE NOTICE, that the undersigned demands, pursuant to Article 31 of the CPLR
copies of the following:
a) A copy of each defendant doctor's curriculum vitae.
b) Copies of the personnel file of each defendant doctor and authorizations to obtain
same.
c) Copies of the privileged file of each defendant doctor and authorizations to obtain
same.
DEMAND FOR X-RAYS, RADIOGRAPHIC FILM AND PHOTOGRAPHS
PLEASE TAKE NOTICE, that the undersigned demands, pursuant to Article 31 of the CPLR
the production of all pathological and radiology records, radiographic films and photographs of the
plaintiff.
PLEASE TAKE FURTHER NOTICE, that the annexed Demands are continuing demands
and that if any of the above items are obtained after the date of this Demand, they are to be furnished
to the undersigned pursuant to these demands.
Dated: New York, New York
January 29 201
6
Katherine Hung
GENTILE & ASSOCIATES
Attorneys for Plaintiff
226 Fifth Avenue
New York, New York 10001
(212) 689-6009
To: DWYER & TAGLIA, ESQS.
Attorneys for Defendant
111 John Street, Suite 620
New York, NY 10038
Tel: (212) 227-6000
4
NYP Litigation Documents page 38
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
--------------------------------------------------------------------X
ANNE JONES,
Plaintiff,
-againstSCOTT ENTERPRISE AND
ISLAND ORTHOPEDIC ASSOCIATES, P.C.
VERIFIED BILL OF
PARTICULARS
Index No.: 103678/06
Defendants.
--------------------------------------------------------------------X
Plaintiff, ANNE JONES, by her attorneys GENTILE & ASSOCIATES, responding to the
demands of defendant SCOTT ENTERPRISE and ISLAND ORTHOPEDIC ASSOCIATES, P.C. ,
for a Bill of Particulars, states, upon information and belief, as follows:
1. Pursuant to defendants’ own records, on June 23, June 25, July 16, and August 2, 2004
defendants rendered treatment to the plaintiff without informed consent, and caused plaintiff to sustain
injuries at Island Orthopedic Associates, 11 Ralph Place, Suite 102, Staten Island, NY 10304.
2. Pursuant to Dellaglio v. Paul, 250 A.D.2d 806, 673 N.Y.S.2d 212 (2nd Dept. 1998) and
Patterson v. Jewish Hosp. & Med. Center of Brooklyn, 94 Misc.2d 680, 405 N.Y.S.2d 194, affd. 65
A.D.2d 553, 409 N.Y.S.2d 124 (2nd Dept. 1978), a demand for specific departures, symptoms,
medications, tests, incorrect diagnosis, improper treatment, lists of tests, a statement of the standard of
care is beyond the scope of a Bill of Particulars. “…[T]here is no need for the plaintiffs to set forth
the manner in which the physician failed to act in accordance with good and accepted medical
practice since a physician is chargeable with knowing those medically accepted standards applicable
to the proper care and treatment of the plaintiff (see, Patterson v. Jewish Hosp. & Med. Center of Brooklyn,
94 Misc.2d 680, 405 N.Y.S.2d 194, affd. 65 A.D.2d 553, 409 N.Y.S.2d 124). Further, the request for
specific departures in a bill of particulars is evidentiary (see, Patterson v. Jewish Hosp. & Med. Center of
Brooklyn, supra).” Without waiving that objection, plaintiff states that defendants departed from the
NYP Litigation Documents page 39
standard of care in failing to properly and adequately manipulate and align a fractured distal right radius;
in failing to monitor and examine the manipulation and alignment of the fractured distal right radius
with necessary and proper frequency; in failing to detect, observe, recognize and respond to the
misalignment of the distal right radius, in failing to prevent the misalignment of the distal right radius; in
failing to timely and properly repair the misalignment of the distal right radius; in failing to detect,
observe, recognize and respond to the malunion of the distal right radius; in failing to prevent the
malunion of the distal right radius; in failing to timely and properly repair the malunion of the distal
right radius; in failing to heed plaintiff’s condition; in failing to perform indicated procedures; in
improperly performing indicated procedures; in failing to take a history and physical examination of
plaintiff; in failing to take a proper history and physical examination of plaintiff; in failing to perform
indicated treatments; in improperly performing indicated treatments; in failing to properly diagnose the
condition of plaintiff; in negligently departing from office practice and procedures in services rendered
to plaintiff; in failing to heed or appreciate the significance of the signs and symptoms exhibited by
plaintiff; in failing to timely refer plaintiff to specialists; in failing to properly treat plaintiff's condition.
3. Pursuant to Dellaglio v. Paul, 250 A.D.2d 806, 673 N.Y.S.2d 212 (2nd Dept. 1998) and
Patterson v. Jewish Hosp. & Med. Center of Brooklyn, 94 Misc.2d 680, 405 N.Y.S.2d 194, affd. 65
A.D.2d 553, 409 N.Y.S.2d 124 (2nd Dept. 1978), a demand for specific departures, symptoms,
medications, tests, incorrect diagnosis, improper treatment, lists of tests, a statement of the standard of
care is beyond the scope of a Bill of Particulars. “…[T]here is no need for the plaintiffs to set forth
the manner in which the physician failed to act in accordance with good and accepted medical
practice since a physician is chargeable with knowing those medically accepted standards applicable
to the proper care and treatment of the plaintiff (see, Patterson v. Jewish Hosp. & Med. Center of Brooklyn,
94 Misc.2d 680, 405 N.Y.S.2d 194, affd. 65 A.D.2d 553, 409 N.Y.S.2d 124). Further, the request for
specific departures in a bill of particulars is evidentiary (see, Patterson v. Jewish Hosp. & Med. Center of
NYP Litigation Documents page 40
Brooklyn, supra).” Without waiving that objection, plaintiff states that defendants, Island Orthopedic
Associates, P.C., is vicariously liable for the acts and omissions of the employee; in departing from the
standard of care in failing to properly and adequately manipulate and align a fractured distal right radius;
in failing to monitor and examine the manipulation and alignment of the fractured distal right radius
with necessary and proper frequency; in failing to detect, observe, recognize and respond to the
misalignment of the distal right radius, in failing to prevent the misalignment of the distal right radius; in
failing to timely and properly repair the misalignment of the distal right radius; in failing to detect,
observe, recognize and respond to the malunion of the distal right radius; in failing to prevent the
malunion of the distal right radius; in failing to timely and properly repair the malunion of the distal
right radius; in failing to heed plaintiff’s condition; in failing to perform indicated procedures; in
improperly performing indicated procedures; in failing to take a history and physical examination of
plaintiff; in failing to take a proper history and physical examination of plaintiff; in failing to perform
indicated treatments; in improperly performing indicated treatments; in failing to properly diagnose the
condition of plaintiff; in negligently departing from office practice and procedures in services rendered
to plaintiff; in failing to heed or appreciate the significance of the signs and symptoms exhibited by
plaintiff; in failing to timely refer plaintiff to specialists; in failing to properly treat plaintiff's condition.
4. Defendants failed to adequately inform plaintiff ANNE JONES of the nature,
purpose, known perils, recognized hazards, risks and possible complications of undergoing a
manipulation and alignment of a fractured distal right radius; in failing to inform plaintiff regarding the
outcome or possible consequences of failing to prevent a malunion, and in failing to timely and
properly monitor the fractured distal right radius.
5. Statutes, ordinances and/or regulations that defendants violated will be provided at the
end of discovery.
6. There are no known individuals other than defendants, their agents, servants, partners and
NYP Litigation Documents page 41
employees were negligent in the treatment, services and care rendered to and on behalf of the plaintiff
ANNE JONES in failing to use reasonable care in the services and care rendered to and on behalf of
the plaintiff; in departing from the standard of care in failing to properly and adequately manipulate and
align a fractured distal right radius; in failing to monitor and examine the manipulation and alignment of
the fractured distal right radius with necessary and proper frequency; in failing to detect, observe,
recognize and respond to the misalignment of the distal right radius, in failing to prevent the
misalignment of the distal right radius; in failing to timely and properly repair the misalignment of the
distal right radius; in failing to detect, observe, recognize and respond to the malunion of the distal right
radius; in failing to prevent the malunion of the distal right radius; in failing to timely and properly repair
the malunion of the distal right radius; in failing to heed plaintiff’s condition; in failing to perform
indicated procedures; in improperly performing indicated procedures; in failing to take a history and
physical examination of plaintiff; in failing to take a proper history and physical examination of plaintiff;
in failing to perform indicated treatments; in improperly performing indicated treatments; in failing to
properly diagnose the condition of plaintiff; in negligently departing from office practice and
procedures in services rendered to plaintiff; in failing to heed or appreciate the significance of the signs
and symptoms exhibited by plaintiff; in failing to timely refer plaintiff to specialists; in failing to properly
treat plaintiff's condition.
7. Plaintiff sought treatment from defendants for a fracture of the distal right radius.
8. Plaintiff’s injuries are the following:
- Permanent malunion of the distal right radius;
- Shortened, radially deviated ulnar positive distal radius fracture;
- Subluxation with deformity of the distal ulna;
- Triangular fibrocartilage tear of the right wrist;
- Incompetence of the sigmoid notch and total eburnation of the articular surface of the
distal ulna;
NYP Litigation Documents page 42
- Constriction and inflammation of the median nerve consistent with chronic median
neuropathy;
- Radiocarpal joint space narrowing;
On September 14, 2014, plaintiff underwent the following operative procedures at St.
Luke’s-Roosevelt Hospital to correct the malunion of the distal right radius:
- Right distal radioulnar joint hemiresection arthroplasty;
- Secondary repair of the triangular fibrocartilage complex;
- Extensor carpi ulnaris tenoesis stabilization distal radioulnar joint;
- Decompression neurolysis epineurolysis of the median nerve at the carpal tunnel;
- Sutures;
- Right wrist placed in a cast for six weeks; then splinted;
As a result of plaintiff’s injuries, plaintiff also suffers from the following:
- Scarring;
- Necessity for ongoing physical therapy;
- Loss range of motion;
- Loss of strength;
- Traumatic arthritis;
- Chronic pain and suffering;
- Chronic swelling;
- Permanent partial disability
Upon information and belief, plaintiff’s injuries are permanent in nature.
9. Plaintiff will be required to pay the Medicare and Medicaid lien in an amount to be determined.
10. Plaintiff may be required to undergo future medical treatment to be determined.
11. Plaintiff will be required to pay the Medicare and Medicaid lien in an amount to be determined.
12. Medicare and Medicaid paid for plaintiff’s medical expenses. Plaintiff’s Medicaid number is:
NYP Litigation Documents page 43
TM31263X. Plaintiff’s Medicare number is: 149-24-1770B6. Plaintiff will be required to pay the
Medicare and Medicaid lien in an amount to be determined.
13. Plaintiff was born on May 29, 1933. Her address is 249 Naughton Avenue, Staten Island, New
York 10305. Her social security number 069-26-4723.
14. Plaintiff is not making a claim for lost wages.
15. Plaintiff was treated at the following facilities following the malpractice of defendants:
Steven James, M.D.
1460 Victory Blvd.
Staten Island, NY 10301
Charles Stone, M.D.
321 East 34th Street
New York, NY 10016
Richmond Medical
8304 5th Avenue
Brooklyn, NY 11209
East Medical
229 East 79th Street
New York, NY 10021
One for All Physical Therapy
1655 Richmond Avenue
Staten Island, NY 10314
St. Vincent’s Hospital; Staten Island Div.
355 Bard Avenue
Staten Island, NY 10301
St. Vincent’s Hospital; Staten Island Div.
355 Bard Avenue
Staten Island, NY 10301
Radiology Department
St. Luke's-Roosevelt Hospital Center
1000 Tenth Avenue
New York, NY 10019
16. Defendants’ demand for the applicable exemptions from CPLR §1602 is a question of law,
evidentiary in nature and beyond the scope of a Bill of Particulars. Moreover, CPLR §1602 is an
NYP Litigation Documents page 44
affirmative defense and the burden is on defendants to prove the defenses are applicable to this
action. There are no defendants to apportion CPLR §1602 liability.
Dated: New York, New York
January 29, 2016
Gentile & Associates
226 Fifth Avenue
New York, New York
(212) 689-6009
To: DWYER & TAGLIA, ESQS.
Attorneys for Defendant
111 John Street, Suite 620
New York, NY 10038
Tel: (212) 227-6000
7
NYP Litigation Documents page 45
Katherine Smith, an attorney duly admitted to practice law in the State of New York
affirms the truth of the following:
I am an attorney for the plaintiff in the action within; I have read the foregoing BILL
OF PARTICULARS and knows its contents; the same is true to my knowledge except as to the
matters therein stated to be alleged upon information and belief, and as to those matters I
believe it to be true and the reason that this verification is not made by plaintiffs and is made
me is that plaintiffs are not presently on the county where the attorneys for the plaintiffs have
their office.
The source of my information and the grounds of my belief as to all matters not stated
upon my knowledge are from investigations made on behalf of the plaintiffs.
Dated: New York, New York
January 29, 2016
______________________
KATHERINE SMITH
8
NYP Litigation Documents page 46
"
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DCM JUDGE ASSIGNED_ __ _ _ __
DCM PART_ __ _ _ __ _ __
PRELIMINARY CONFERENCE ORDER
PURSUANT TO PART 202 OF THE t/Nll'ORM CIVU. RULES
FOR THE SUPREME COURT RICHMONDCOUIITY [
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ITISHEREBYORDEREDTHATTIIJSACTIONISASSIGNEDTOTHE._ __ __ _TRACK
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Shall be sem,d as followo:
NYP Litigation Documents page 47
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NYP Litigation Documents page 48
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ltrlklaf or pluodlop.
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NYP Litigation Documents page 49
•
1
1
2
3
2
1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
----------------------------------------------X
ANNE JONES,
4
2
4
PLAINTIFF,
5
5
-against-
6
Index No:
16780/2006
6
7
8
9
GENTILE & ASSOCIATES
Attorneys for the Plaintiff
233 Fifth Avenue
New York, New York 100176
BY: LAURA GENTILE, ESQ.
7
SCOTT ENTERPRISE and
ISLAND ORTHOPEDICASSOCIATES, P.C,
8
DEFENDANTS.
----------------------------------------------X
10
9
10
11
DATE: August 7, 2007
12
TIME: 10:27 a.m.
2017
DWYER & TAGLIA, ESQS.
Attorneys for the Defendants
111 John Street
New York, New York 10038
BY: PETER TAGLIA, ESQ.
11
12
13
14
A P P E A R A N C E S:
3
13
EXAMINATION BEFORE TRIAL of the
*
*
*
14
15
Defendant, SCOTT ENTERPRISE, M.D., taken by
15
16
the Plaintiff, pursuant to a Court Order, held
16
17
at the offices of Diamond Reporting, Inc., 120
17
18
Stuyvesant Place, Staten Island, New York
18
19
10301, before a Notary Public of the State of
19
20
New York.
20
21
21
22
22
23
23
24
24
25
25
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
3
1
2
1
221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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25
4
2
221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3
221.1 Objections at Depositions
(a) Objections in general.
No objections
shall be made at a deposition except those
which, pursuant to subdivision (b), (c) or (d)
of Rule 3115 of the Civil Practice Law and
Rules, would be waived if not interposed, and
except in compliance with subdivision (e) of
such rule.
All objections made at a
deposition shall be noted by the officer before
whom the deposition is taken, and the answer
shall be given and the deposition shall proceed
subject to the objections and to the right of a
person to apply for appropriate relief pursuant
to Article 31 of the CPLR.
(b) Speaking objections restricted.
Every objection raised during a deposition
shall be stated succinctly and framed so as not
to suggest an answer to the deponent and, at
the request of the questioning attorney, shall
include a clear statement as to any defect in
form or other basis of error or irregularity.
Except to the extent permitted by CPLR Rule
3115 or by this rule, during the course of the
examination persons in attendance shall not
make statements or comments that interfere with
the questioning.
221.2 Refusal to answer when objection is made
A deponent shall answer all questions at
a deposition, except (i) to preserve a
privilege or right of confidentiality, (ii) to
enforce a limitation set forth in an order of
the court, or (iii) when the question is
plainly improper and would, if answered, cause
significant prejudice to any person.
An
attorney shall not direct a deponent not to
answer except as provided in CPLR Rule 3115 or
this subdivision.
Any refusal to answer or
direction not to answer shall be accompanied by
a succinct and clear statement of the basis
therefor.
If the deponent does not answer a
question, the examining party shall have the
right to complete the remainder of the
deposition.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
4
5
6
7
8
221.3 Communication with the deponent
An attorney shall not interrupt the
deposition for the purpose of communicating
with the deponent unless all parties consent or
the communication is made for the purpose of
determining whether the question should not be
answered on the grounds set forth in section
221.2 of these rules and, in such event, the
reason for the communication shall be stated
for the record succinctly and clearly.
9
10
11
12
IT IS FURTHER STIPULATED AND AGREED that
the transcript may be signed before any Notary
Public with the same force and effect as if
signed before a clerk or a Judge of the court.
13
14
15
IT IS FURTHER STIPULATED AND AGREED that
the examination before trial may be utilized
for all purposes as provided by the CPLR.
16
17
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IT IS FURTHER STIPULATED AND AGREED that
all rights provided to all parties by the CPLR
cannot be deemed waived and the appropriate
sections of the CPLR shall be controlling with
respect hereto.
19
20
21
22
IT IS FURTHER STIPULATED AND AGREED by
and between the attorneys for the respective
parties hereto that a copy of this examination
shall be furnished, without charge, to the
attorneys representing the witness testifying
herein.
23
24
25
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 50
5
1
N. ENTERPRISE, M.D.
1
N. ENTERPRISE, M.D.
2
N A D U B E E T H I
M. D,
2
3
called as a witness, having been first duly
3
4
sworn by a Notary Public of the State of New
4
two-page document.
5
York, was examined and testified as follows:
5
to take a look at your CV that you provided to
6
EXAMINATION BY
6
us?
7
MS. GENTILE:
7
A.
Yes.
8
Q.
Is that an accurate summary of your
9
medical training?
8
9
Q.
J A Y A R A M,
6
Please state your name for the
record.
A.
Yes.
Q.
You have your CV there.
This is a
Did you have an opportunity
10
A.
Scott Enterprise.
10
A.
Yes.
11
Q.
What is your business address?
11
Q.
Is there anything in here, is there
A.
11 Ralph Place, Staten Island, New
12
12
13
York 10304.
14
(Whereupon, the aforementioned
a typo or anything like that?
13
A.
No.
14
Q.
With respect to your board
15
X-rays were marked as Plaintiff's
15
certification in orthopedics, is that a board
16
Exhibits 1 through 3 for identification
16
certification that has to be renewed?
17
as of this date by the Reporter.)
17
A.
Yes.
18
Q.
When was last time it was renewed?
A.
Renewed two years ago.
18
(Whereupon, the aforementioned CV
19
was marked as Plaintiff's Exhibit 4 for
19
20
identification as of this date by the
20
sure about the exact date, but two years ago I
21
Reporter.)
21
recertified.
22
Q.
Morning Doctor.
23
Gentile.
24
Jones.
25
let me know.
My name is Laura
22
I'm the attorney for Maureen
23
If my questions are unclear, please
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
Q.
I can't be
You're currently licensed to
practice medicine in New York State?
24
A.
Yes.
25
Q.
When were you first so licensed?
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
7
1
2
3
4
5
6
7
8
9
N. ENTERPRISE, M.D.
8
1
N. ENTERPRISE, M.D.
A.
It's in my CV.
2
Q.
Do you remember while I'm searching
3
A.
Yes.
4
Q.
I'm going to ask you to take a look
for it?
A.
I don't.
Q.
I don't see it here.
5
Let me give
you your CV.
A.
You want the date of licensing in
New York State you said?
you today?
at that file and tell me if it is complete?
6
A.
Yes, to the best of my knowledge.
7
Q.
I'm going to ask you to separate
8
out your treatment notes so that we can have
9
those handy.
10
Q.
Yes, please.
10
11
A.
1979.
11
12
Q.
Could you show me?
12
treatment note, this is an X-ray report.
13
A.
It's not in the CV.
13
Just the treatment notes she wants.
14
Q.
Has your license to practice
14
A.
Okay.
MR. TAGLIA:
Q.
Let's keep this report and we have
15
medicine in New York State been continuous
15
some prescriptions.
16
since 1979?
16
another pile.
Keep the prescriptions in
17
A.
Yes.
17
MR. TAGLIA:
18
Q.
Did there come a time in 2004 when
18
treatment notes.
19
20
21
Anne Jones came under your care?
19
Doctor, this isn't a
He has one page of
MS. GENTILE:
A.
Yes.
20
page.
Q.
I'd like to mark this
We are going to mark the jacket
Do you have records that you made
21
of the medical file as Plaintiff's 5,
22
in connection with your care and treatment of
22
then the treatment notes will be 5A and
23
Anne Jones?
23
the other side 5B.
24
A.
Yes.
24
25
Q.
You brought the original file with
25
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
(Whereupon, the aforementioned
Chart and Treatment note was marked as
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 51
9
10
1
N. ENTERPRISE, M.D.
1
2
Plaintiff's Exhibits 5, 5A and 5B for
2
3
identification as of this date by the
3
4
Reporter.)
4
A.
Yes.
5
Q.
5
Q.
What did you do to feel her wrist?
6
The notes are here if you need the
notes to refresh your recollection.
7
What was the first date that you
8
saw Anne Jones?
9
A.
6/25/04.
10
Q.
On that date, did you make a
11
6
N. ENTERPRISE, M.D.
Q.
also felt her wrist; is that right?
Tell me how you did that.
7
A.
I looked at the wrist first.
I put
8
my fingers gently on the wrist to see where it
9
was tender, then reviewed the X-rays.
10
diagnosis?
You looked at the X-rays and you
11
Q.
Did you develop a treatment plan
for the wrist?
12
A.
Yes.
12
A.
Yes.
13
Q.
What was your diagnosis?
13
Q.
What was your plan?
14
A.
Patient had a fracture of the
14
A.
To treat her with a cast.
15
Q.
Did you, in terms of the fracture,
15
16
17
18
distal right radius.
Q.
How did you make that diagnosis?
16
as best as you can, describe what the fracture
A.
On examination followed by review
17
was like?
of X-rays.
18
19
Q.
Did you take X-rays that day?
19
20
A.
No.
20
21
Q.
What X-rays did you use to make
21
22
your diagnosis?
22
A.
23
The patient brought the X-rays of
A.
I don't have the original X-rays
from the hospital here in front of me.
Q.
We may get those later, but --
Q.
Understanding you're not looking at
MR. TAGLIA:
From recollection.
23
the X-ray, based on your notes, what was the
24
her wrist done at St. Vincent's Medical Center
24
fracture like before you started treating her?
25
emergency room.
25
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
A.
Based on my notes, it showed a
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
11
1
2
3
4
N. ENTERPRISE, M.D.
fracture of the distal radius.
Q.
Can you give any more detail other
than it was a fracture?
12
1
know anything about orthopedics.
3
doctor, so in as simple words as you can use
4
for me --
5
A.
No.
5
6
Q.
Are there circumstances under which
6
7
you need to manipulate the fracture in order to
7
8
treat it?
8
9
A.
Depends on the individual case.
9
Q.
What are the kinds of conditions
10
that require you to manipulate the fracture?
11
10
11
12
13
14
A.
If a fracture is very displaced.
12
Q.
Other than displacement, are there
13
any other conditions that require manipulation?
N. ENTERPRISE, M.D.
2
MR. TAGLIA:
Q.
I'm not a
Layman's terms.
Layman's terms, baby words,
whatever you can do to make it simple.
When you say "displaced," a
"displaced fracture," could you tell me what
you mean by that term?
A.
Displacement means after the break
if the bone is disconnected.
Q.
If there is a gap between the two
14
pieces of the bone where the break is, is that
displacement?
15
A.
Angulated.
15
16
Q.
Any other conditions?
16
A.
No.
MR. TAGLIA:
17
Q.
No, okay.
If is it moved to the side or to
17
You're talking not
18
about fractures in general, you're
18
19
talking about wrist fractures?
19
A.
20
the back.
20
MS. GENTILE:
21
fractures of the wrist.
21
Q.
So if it's out of alignment?
22
A.
22
A.
Yes.
23
consider.
23
Q.
How about angulated, what does that
24
Q.
A.
If the end of the radius is
25
Talking about
Then can you explain it
to me?
Those are the two things I would
I'm going to ask you, as best you
can answer the question, not assuming that I
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
24
25
mean?
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 52
13
1
N. ENTERPRISE, M.D.
14
1
N. ENTERPRISE, M.D.
2
pointing straight up or to the front or to the
2
3
back.
3
alignment, are you referring to the time before
4
your treatment?
4
Q.
Let me see if I understand this.
A
5
bone is angulated if it is no longer in its
5
6
normal position; is that right?
6
Q.
When you say it was in good
A.
On the X-ray that she brought with
Q.
With respect to angulation, was
her.
7
A.
Correct.
7
8
Q.
Is there another term for the gap
8
there any angulation before you treated the
9
bone?
9
between the bones or the pieces of the bone?
10
A.
11
the bone.
12
Q.
We would describe it as a gap in
10
With respect to Anne Jones,
A.
11
X-rays.
I have to look at the original
As far as I recall, it was in
12
acceptable position with reference to
13
did you check whether or not the bone was
13
angulation.
14
displaced before you gave her any treatment?
14
Q.
With respect to the gap in the
15
A.
Yes.
15
bones or between the bone fragments, was there
16
Q.
Was the bone displaced?
16
any gap between the fragments of the bone?
17
A.
It was in a good alignment.
17
A.
No.
18
Q.
So specifically with respect to the
18
Q.
With respect to Anne Jones,
19
displacement aspect of the condition of the
19
were there any other aspects of the bone
20
bones and the bone pieces, was there
20
alignment or orientation that you took into
21
displacement of the bone?
21
consideration with respect to her treatment?
22
23
A.
I have to look at the original
X-rays to tell you what it looked like.
22
A.
Impaction.
23
Q.
What does impaction mean?
A.
Impaction means after a break, the
24
Q.
Before your treatment?
24
25
A.
Correct.
25
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
bone would be stuck on the other side of the
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
15
1
2
3
N. ENTERPRISE, M.D.
fracture onto itself.
Q.
16
1
N. ENTERPRISE, M.D.
2
So parts of the bone fragments are
3
A.
It looked impacted on the X-rays.
Q.
Did you make a note of that in the
4
touching each other in a way they shouldn't; is
4
5
that right?
5
A.
No.
6
Q.
Is that the kind of condition you
6
A.
7
8
Interlocked.
MR. TAGLIA:
question.
Listen to her
Read her question back.
7
normally would make a note of in the notes, if
8
you observed it?
9
MS. GENTILE:
I think he got it.
9
10
MR. TAGLIA:
You said the way it
10
11
shouldn't be, he didn't answer that
11
12
part.
12
13
14
MS. GENTILE:
Q.
I'll follow up.
When the bone fragments are
notes?
A.
If it was very stable, I probably
would not have made a note about that.
Q.
How would you determine if the bone
was impacted, but stable?
13
A.
Impacted fractures are stable.
14
Q.
Okay.
Other than impaction --
15
interlocked, is that something that should not
15
16
be and it should be fixed?
16
Were there any other aspects to the
17
bone fragments that you took into consideration
18
with respect to Anne Jones?
17
18
19
20
A.
Not necessarily.
stability actually.
Q.
It can mean
It could be stable.
An impacted bone is not necessarily
a problem?
19
20
withdrawn.
A.
If there is any fracture to the
ulnar, the adjacent bone.
21
A.
Correct.
21
Q.
Was there a fracture to the ulnar?
22
Q.
With respect to Anne Jones,
22
A.
No.
Q.
Were there any other aspects of the
23
before you gave her any treatment, were the
23
24
bones impacted, were the bone fragments
24
bone that you took into consideration with
25
impacted?
25
respect to Maureen's treatment when considering
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 53
17
1
N. ENTERPRISE, M.D.
18
1
N. ENTERPRISE, M.D.
2
how to treat her?
2
told me about, were there any other
3
A.
Any swelling of the wrist.
3
considerations with respect to the bones and
4
Q.
Was there swelling of the wrist?
4
the bone fragments that you took into
5
A.
There was some degree of swelling.
5
consideration with respect to the treatment of
6
Q.
How much swelling was there?
6
Anne Jones on June 25, 2004.
7
A.
It was -- I made a note saying
7
A.
I looked at the length of radius.
8
Q.
What was the length of radius?
9
A.
I don't have the original X-rays in
8
there was some swelling.
9
swelling.
10
Q.
Small amount of
Other than swelling, impaction,
10
front of me.
11
gap, angulation, displacement and whether or
11
Q.
12
not the ulnar was fractured, were there any
12
length of radius?
13
other considerations you took into account in
13
14
considering how to treat Anne Jones on
14
15
June 25, 2004?
15
A.
Why did you need to look at the
Because most fractures will show
some difference in the length of radius.
Q.
I see.
So what is it that happens
16
A.
Any injury to the joint.
16
to the length of radius in a fracture of this
17
Q.
Was there any injury to the joint?
17
type?
18
A.
The impacted fracture was going
18
A.
It can shorten a little bit.
19
Q.
Did the radius shorten in this
19
into the distal radial ulnar joint.
20
21
Q.
Was that something that needed to
20
be treated?
22
A.
It was a stable fracture impacted,
case?
21
MR. TAGLIA:
22
MS. GENTILE:
Objection to form.
Let me ask it again.
23
so the casting was the best way to treat in
23
24
this patient.
24
been any shortening of the radius for Maureen
25
Jones on June 25, 2004?
25
Q.
Other than the items you already
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
Q.
Prior to treating her, had there
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
19
1
N. ENTERPRISE, M.D.
2
3
A.
I don't recall if there was any
significant shortening.
4
Q.
Is that the kind of thing you would
20
1
2
3
4
N. ENTERPRISE, M.D.
Q.
So in this case, was there one
fracture or more than one fracture?
A.
I'd say, because it's impacted
5
make a note of in the chart, if there was
5
fracture, so there will be some jagged
6
significant shortening?
6
appearance when there is an impacted fracture
7
A.
Yes.
7
at the site of the fracture.
8
Q.
Is it fair to conclude there was no
8
MS. GENTILE:
9
(Whereupon, the referred to answer
9
10
significant shortening since there is no
notation of it in your chart?
10
11
A.
Yes.
11
12
Q.
With respect to the impacted
12
13
fracture going into the radial ulnar, did I say
13
14
that right?
14
Read back the answer.
was read back by the Reporter.)
Q.
Was there any overriding of any of
the bone fragments?
A.
I don't recall on the original
X-rays.
15
A.
Yes.
15
16
Q.
Could you describe, as best you
16
the kind of thing you would make a note of in
your chart?
17
can, how with respect to Anne Jones the
17
18
impacted fracture was going into the radial
18
19
ulnar?
19
20
A.
21
fracture.
That was the location of the
22
Q.
23
fracture.
24
of the bones or what the fragment is doing?
25
A.
That's the location of the
It doesn't describe the orientation
Correct.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
20
Q.
A.
If there was overriding, is that
If there is significant overriding,
I would make a note in the chart.
Q.
Is it fair to conclude there was no
21
significant overriding because there is no
22
notation in your chart?
23
A.
Right.
24
Q.
With respect to the radio-carpal
25
joint space, was there any radio-carpal joint
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 54
21
1
N. ENTERPRISE, M.D.
22
1
2
space narrowing prior to your treatment of
2
3
Anne Jones on June 25, 2004?
3
4
5
A.
There is a fracture going into the
distal radial joint, that's what we saw.
6
MS. GENTILE:
7
4
(Whereupon, the referred to answer
why.
Q.
9
12
A.
11
narrowing.
13
Q.
THE WITNESS:
(Whereupon, the referred to
question was read back by the Reporter.)
12
If there was significant joint
Repeat the question,
please.
10
I don't recall any significant
She is not asking why.
7
9
some joint narrowing?
MR. TAGLIA:
She is saying what, then she will get to
8
Does that mean there necessarily is
Since this patient had a stable
6
was read back by the Reporter.)
11
A.
impacted fracture --
5
Read back his answer.
8
10
N. ENTERPRISE, M.D.
you decide?
THE WITNESS:
13
options.
I considered all
14
narrowing, is that the kind of thing you would
14
Q.
That included surgery?
15
make a notation of in your chart?
15
A.
Yes.
Q.
What did you decide with respect to
16
A.
Yes.
16
17
Q.
The absence of that notation, based
17
18
on the absence of that notation, is it fair to
18
19
conclude you did not find any significant joint
19
20
narrowing on June 25, 2004?
20
21
22
23
A.
Yes.
21
Q.
Did you consider surgery for
22
Anne Jones on June 25, 2004?
23
24
A.
I considered all options.
24
25
Q.
With respect to surgery, what did
25
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
the surgery?
A.
I thought the best treatment for
her was to treat her with a cast.
Q.
What was the reason you decided not
to treat her with surgery?
A.
The fracture was already stable,
impacted, not much significant angulation.
Q.
If surgery were required for
Anne Jones's fracture, is there a
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
23
1
N. ENTERPRISE, M.D.
24
1
2
specific period of time within which that
2
3
surgery should be completed?
3
4
MR. TAGLIA:
Objection to the form.
4
N. ENTERPRISE, M.D.
Orthopedic Radiology dated August 4, 2004.
Q.
Is that a film that was taken at
your office?
5
You can answer.
5
A.
Yes.
6
A.
6
Q.
Was it done in the normal course of
7
8
9
10
11
Up to three to four weeks we can do
that.
7
Q.
Beyond that, can you still do the
same surgery?
your medical treatment?
8
A.
Yes.
9
Q.
Is that an X-ray of Maureen
A.
Depends on each individual case.
10
Jones's fractured wrist that you were
Q.
With respect to Anne Jones,
11
treating?
12
was the window for surgery three to four weeks
12
A.
Yes.
13
after the fracture?
13
Q.
Is that the condition that the
14
MR. TAGLIA:
Objection to form, but
14
wrist was in when you saw Anne Jones on
June 25, 2004?
15
you can answer.
15
16
A.
Repeat the question, please.
16
(Whereupon, the referred to
17
17
18
question was read back by the Reporter.)
19
20
THE WITNESS:
Q.
18
A.
I don't have the original X-rays to
compare to in front of me.
Q.
Based on your medical records, does
Yes.
19
the description that is in your medical records
I show you what's been marked as
20
match the condition that you see on the X-ray
21
from August 4, 2004?
21
Plaintiff's Exhibit 3.
22
X-ray film?
Do you recognize that
22
23
A.
Yes.
23
24
Q.
Can you identify that film for me?
24
25
A.
This is the X-ray done at Richmond
25
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
MR. TAGLIA:
I object.
Which date,
there are various?
Q.
Based on your note from June 25,
2004, does your description of the fracture
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 55
25
1
N. ENTERPRISE, M.D.
26
1
2
from June 25, 2004 match the appearance of the
2
3
fracture from the X-ray of August 4, 2004?
3
4
MR. TAGLIA:
Objection to the form.
N. ENTERPRISE, M.D.
Q.
I'm not asking you based on the
X-ray, I'm asking based on the note.
4
MR. TAGLIA:
5
You can answer.
5
6
A.
It's pretty close to what it was.
6
7
Q.
Is there any difference?
7
don't help him.
A.
I have to look at the original
8
from him.
8
9
X-rays.
10
11
Q.
A.
Separate from what the X-ray might
It's pretty close to what I wrote
here.
14
MS. GENTILE:
9
show, I'm asking you now based on your notes?
12
13
I cannot recall.
You say pretty close, but not
15
exact; is that correct?
16
MR. TAGLIA:
Objection to form.
Is
He said he
Q.
Let him say his notes
I need to hear that
Here is my question: Based on your
10
notes, is there a difference in the condition
11
of the wrist fracture from June 25th to
12
August 4, 2004?
13
Q.
Objection.
can't answer that.
A.
I don't remember the exact findings
14
of this original X-ray at the time it was done
15
in St. Vincent's, so there is no way I can make
16
the comparison.
17
that correct?
17
18
A.
Here there is more healing in this
18
notes don't give you enough information to tell
19
you whether or not there is in change in the
Q.
Other than healing, is there any
20
fracture from June 25, 2004 to August 4, 2004?
21
difference in the condition of the wrist and
21
22
the bone fragments from June 25th to August 4,
22
is it's almost healed here, the fracture on
23
2004?
23
August 4th.
24
the fracture was not healed.
19
X-ray.
20
24
25
A.
I cannot recall.
I'm sorry, I
cannot answer that.
Q.
A.
25
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
Q.
So is it fair to say that your
The only difference that I can see
On 6/25 when I saw the fracture,
When you took that X-ray on August
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
27
1
N. ENTERPRISE, M.D.
28
1
N. ENTERPRISE, M.D.
2
4, 2004, did you have any X-rays from June 25th
2
examination in my office, the fracture was very
3
to compare it to?
3
stable.
4
A.
I don't recall.
4
5
Q.
Or did you have any X-rays from St.
5
6
Vincent's to compare it to?
7
9
10
6
A.
I don't recall.
7
Q.
Was it your custom and practice to
8
maintain an X-ray from the original injury for
9
8
comparison purposes for later in treatment?
Q.
Was there any displacement of the
fracture on June 25, 2004.
A.
I think I already discussed that
with you about the X-ray findings.
Q.
Well, I mean, we did as something
to consider, but I didn't ask you to describe
10
or quantify the displacement, so that's my
If the patient brought their own
11
question now.
12
X-rays, she would have taken the X-rays with
12
13
her.
13
August 4th.
11
A.
Was there any displacement?
MR. TAGLIA:
You're looking at
She is not asking about
14
Q.
Did you make a copy of the X-ray?
14
August 4th, she asking about June 25th.
15
A.
No.
15
Was there displacement?
16
Q.
Was it your custom and practice to
16
talking pre-reduction?
17
make copies of X-rays the patient brought with
17
18
them so you would have them for comparison
18
19
purposes later in treatment?
19
20
21
A.
No.
20
Q.
MS. GENTILE:
I assume you're
Yes.
A.
My note doesn't reflect that.
Q.
If there was displacement, it would
reflect that?
Was there a particular reason why
21
A.
Yes.
22
you didn't take an X-ray when you saw Maureen
22
Q.
Was there angulation?
23
Jones on June 25, 2004?
23
A.
If there was significant
24
25
A.
It was very short from the time she
had the injury and at the time of the
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
24
angulation, it would have been reflected in my
25
note.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 56
29
1
N. ENTERPRISE, M.D.
2
3
MR. TAGLIA:
Q.
30
1
We went over this.
There was no significant
N. ENTERPRISE, M.D.
2
Q.
How about angulation?
3
A.
And angulation too.
4
angulation, because it's not in your notes;
4
Q.
How about the gap?
5
correct?
5
A.
It was impacted.
impacted.
6
A.
Correct.
6
7
Q.
Was there any deformity?
7
8
A.
There was swelling, yes.
8
Q.
Was there swelling?
9
10
Deformity is
different than swelling; right?
This fracture was
Q.
So there was never going to be a
9
A.
Right.
10
Q.
After you reduced the fracture by
gap?
11
A.
Correct.
11
manipulating it, did it look any different than
12
Q.
Was there any deformity?
12
it did before you manipulated the fracture?
13
A.
Deformity is difficult to quantify
13
A.
No significant change.
14
Q.
How did you determine whether or
15
not -- withdrawn.
14
when there is swelling in the wrist.
15
Q.
16
fracture at all?
16
17
A.
17
fracture looked the same after you manipulated
18
it on June 25, 2004, then it looked before you
19
manipulated it on June 25, 2004?
18
19
20
21
22
Did you have to manipulate the
I would have gently manipulated the
fracture to prevent further problems.
Q.
What further problems did you
prevent with your manipulation?
A.
How did you determine that the
20
Displacement, any significant
shortening.
MR. TAGLIA:
terms of how on the answer he just gave
22
you or how at the time of treatment?
23
Q.
Anything else?
23
24
A.
Looks like the two most important
24
treatment.
25
Q.
25
things.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
Are you asking in
21
MS. GENTILE:
At the time of
How did you determine it?
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
31
1
2
3
N. ENTERPRISE, M.D.
A.
1
She had an X-ray done during the
next visit.
4
Q.
5
32
I'm asking about the day on which
N. ENTERPRISE, M.D.
2
the fracture before and after you did the
3
manipulation; is that accurate?
4
A.
Could I qualify that?
you treated her?
5
Q.
Please.
6
A.
6
A.
The cast has to be applied a
7
already stable.
8
significant changes.
9
and casted to prevent further problems.
10
Q.
On the day I saw her, it was
I didn't expect any
The manipulation was done
Did you do anything to determine
7
certain standard way to prevent further
8
problems because it can displace.
9
was applied with the wrist in 20 degrees of
So the cast
10
flexion, which is the recommended thing, and
11
whether or not there had been any change in the
11
ulnar deviation to prevent any shortening of
12
fracture after you manipulated the fracture?
12
the radius.
13
14
A.
I didn't expect any major changes
with gentle manipulation and the cast.
15
MR. TAGLIA:
She is asking what you
16
did, not what you expected.
17
anything?
Did you do
13
Q.
Other than moving the wrist so that
14
the wrist was in 20 degrees of flexion and
15
there was an ulnar deviation, did you
16
manipulate the wrist in any other way?
17
A.
No.
Q.
You said you have to do this
18
THE WITNESS:
No.
18
19
MS. GENTILE:
Can you read that
19
manipulation so that the wrist fracture does
20
not displace, yes?
20
back?
21
(Whereupon, the referred to
21
A.
To prevent displacement, yes.
Q.
How do you do that?
22
questions and answers were read back by
22
23
the Reporter and a recess was taken.)
23
Q.
24
A.
25
position.
24
25
Just to be clear, your best
recollection was that there was no change in
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
What is it you
do to prevent the displacement?
You put the cast in that particular
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 57
33
1
2
3
N. ENTERPRISE, M.D.
Q.
34
1
It's the position of the wrist and
the cast that prevents the displacement?
N. ENTERPRISE, M.D.
2
later and the fracture had moved and it now
3
required a manipulation to put it back in good
4
A.
Yes.
4
alignment, was that something that you could do
5
Q.
Did you instruct Anne Jones
5
three weeks later?
6
7
8
9
10
11
to return to your office in three weeks?
6
MR. TAGLIA:
You're talking
A.
Yes.
7
hypothetically?
Q.
Was there any concern on your part
8
foundation that that happened.
that there would be a displacement or a change
9
MS. GENTILE:
10
MR. TAGLIA:
in the fracture during that three weeks?
A.
Since the initial X-ray showed a
There has been no
Sure.
Hypothetically?
11
A.
Up to three weeks, yes.
12
stable appearance and the patient was placed in
12
Q.
At that next visit you scheduled
13
a cast in a proper position, I didn't expect
13
her for, if you saw a change in the fracture
14
any major changes to occur.
14
that would require further manipulation, you
15
could make that manipulation at that next
visit; is that accurate?
15
Q.
Was there any risk that the
16
displacement or the angulation of the fracture
16
17
could change during those three weeks?
17
A.
Any significant change, yes.
Q.
So you wouldn't need to do a
18
A.
Quite unlikely.
18
19
Q.
Was the risk so unlikely it was not
19
surgery just because the orientation had
20
changed necessarily?
21
differently.
now.
20
one you needed to be concerned about?
21
MR. TAGLIA:
I object when you use
22
the word concern, but you can answer.
22
23
A.
23
24
25
I think the fracture was stable
enough we could see her in three weeks.
Q.
Well, if you saw her three weeks
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
Let me ask it
Let me withdraw that question for
Did you consider scheduling Maureen
24
Jones's return visit one week after the
25
first visit or two weeks after the first visit?
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
35
1
N. ENTERPRISE, M.D.
2
MR. TAGLIA:
3
You can answer.
4
Q.
Objection to form.
Let me start again.
Did you
36
1
2
N. ENTERPRISE, M.D.
June 25, 2004?
3
A.
Yes, I expected that.
4
Q.
What did you expect to happen with
5
consider scheduling Anne Jones's return
5
respect to the swelling after you saw her on
6
visit to your office one week after you saw her
6
June 25, 2004?
7
on June 25, 2004?
7
8
A.
8
9
so I decided it would be stable enough.
10
Q.
11
12
13
14
She had a stable impacted fracture,
So you didn't need to schedule it
9
11
or the gap or the position of the fracture with
A.
12
respect to Anne Jones after June 25,
13
2004?
If it was unstable, I would have
considered that, yes.
Q.
Did you consider scheduling her
14
16
June 25, 2004?
16
A.
If I felt it was unstable, I would
have seen her one week rather than two weeks.
Q.
The option would have been one
20
week, but not two weeks?
21
22
23
24
25
Did you consider whether the
one week later?
15
19
Q.
decrease in swelling would alter the alignment
appointment two weeks after the first visit on
18
After casting I would expect the
10
15
17
A.
swelling to gradually decrease.
If you were concerned
A.
Since it was not a very unstable
fracture, I didn't expect that to happen.
Q.
Would it be fair to say that you
17
considered and ruled it out as a risk for
18
Anne Jones when you saw her on June 25,
19
2004?
20
A.
Yes.
about the stability, you would have had her
21
Q.
If swelling -- withdrawn.
come back in one week?
22
If there was a concern that with
A.
It would have been an option.
23
the reduced swelling the displacement or the
Q.
You indicated that there was
24
alignment of the fracture could change, would
25
you have made a different instruction to
swelling of the wrist when you saw her on
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 58
37
1
N. ENTERPRISE, M.D.
38
1
N. ENTERPRISE, M.D.
2
Anne Jones with respect to returning to
2
be significant risk of shifting.
3
your office?
3
impacted there is no significant risk.
4
5
A.
If there was a high risk for
4
displacement, I would ask her to come earlier.
another word between no risk and significant
risk?
Q.
You could ask her to come back?
6
7
A.
Earlier.
7
8
Q.
How much earlier?
8
9
A.
One to two weeks.
10
Q.
If there was a moderate risk of a
9
I'm using the term significant as
there is a stable fracture to start with, it
wouldn't settle much, so I'm not worried.
was not worried about that.
displacement, would you have asked her to come
11
12
back within one to two weeks?
12
Objection to the form.
A.
all fractures can settle a little bit, but if
10
11
MR. TAGLIA:
Is there some gap or some room for
5
6
13
Q.
If it's
Q.
13
this.
I
I want to make sure I understand
When you indicate that you manipulated
14
You can answer.
14
the wrist, was that manipulation to make any
15
A.
15
correction to the displacement or the alignment
I would usually consider risk or no
16
risk, so in between, it wouldn't matter to me.
16
or any gap or any angulation to the wrist or
17
If there was a risk of displacement, I would
17
was it purely to put it in the right position
18
ask have asked her to come back earlier.
18
for the cast?
19
Q.
So then is it fair to conclude you
19
MR. TAGLIA:
I think this has been
20
didn't think there was any risk of
20
asked and answered.
21
displacement?
21
objection.
more time over objection.
I note my
I'll allow you to answer one
22
A.
No significant risk, yes.
22
23
Q.
Tell me what you mean when you say
23
24
significant risk?
24
displacement or any displacement of the
25
A.
25
fracture.
If it was not impacted there would
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
A.
Purely to prevent further
To hold it in a stable position.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
39
N. ENTERPRISE, M.D.
1
2
Q.
So you didn't have to do anything
40
1
N. ENTERPRISE, M.D.
2
that side.
wrist.
It's called the ulnar side of the
3
to correct the alignment of the fracture, it
3
4
was already in alignment?
4
Q.
What kind of pain would she have?
A.
It would be to the fracture itself
5
A.
In a stable position.
5
6
Q.
What was the prognosis for Maureen
6
7
Jones as of June 25, 2004?
or the intensive nature of fracture.
7
Q.
Would that be a chronic pain?
8
A.
What date did you say?
8
A.
She could develop a chronic pain.
9
Q.
The first visit.
9
Q.
What did you tell Anne Jones
10
A.
She would have the standard outcome
11
12
13
of most of the fractures of the wrist.
10
was her prognosis on June 25, 2004?
11
A.
I tell all my patients that there
Q.
What is that standard outcome?
12
can be some arthritis that can develop and some
A.
Some stiffness of the fingers.
13
stiffness of the fingers and the wrist
14
Depending on the nature of fracture, she may
14
following any wrist fracture.
15
have some arthritis that can develop.
15
16
17
18
Q.
With respect to Anne Jones
and her fracture, what was the prognosis.
A.
With the kind of fracture that
Q.
Can you explain what you mean when
16
you said that by August 4th when you looked at
17
the X-ray that the fracture was healing?
18
A.
The patient in a callous formation
19
Maureen had, a lot of patients do well with
19
20
reasonably good range of motion of the wrist.
20
21
She would probably develop arthritis because of
21
goes on inside the wrist after you put the cast
22
the fracture like most wrist fractures.
22
on?
of the wrist.
Q.
Tell me what the process is that
23
Q.
Anything else?
23
A.
24
A.
Since she had a fracture of the
24
of the fracture.
distal radial joint, she would have pain on
25
tissue, it's called a callous, C-A-L-L-U-O-S.
25
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
It will be a blood clot at the site
That changes to healing
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 59
41
1
N. ENTERPRISE, M.D.
42
1
N. ENTERPRISE, M.D.
2
That contains the bone marrow cells that you
2
Q.
3
get bone formation.
3
fracture?
4
callous, that's the heeling of the fracture.
4
A.
Bone will be formed, yes.
5
Q.
That's five to six weeks?
6
A.
Correct.
5
6
7
8
9
Q.
Calcium gets into the
During what period of time is the
blood clot present in the fracture?
A.
At the time of the fracture.
7
Q.
You just described for me this
8
process whereby first there is a blood clot
9
10
then there is healing tissue and a callous and
10
11
that turns into a bone.
11
12
to put some time frames on this process.
13
14
MR. TAGLIA:
MS. GENTILE:
19
That's what he will
tell me.
17
18
In terms of what, when
it's complete?
15
16
I'm going to ask you
MR. TAGLIA:
The question is kind
Q.
Once the callous is present, can
you still manipulate -A.
Yes, it will be soft.
MR. TAGLIA:
finish.
13
question.
Q.
15
fracture?
16
A.
For three weeks, yes.
17
Q.
At four weeks can you still
A.
19
20
immediately after the fracture and the callous
20
21
starts developing after several days after the
21
22
blood clot forms.
22
23
weeks it will be healed.
Can you still manipulate the
manipulate the fracture?
A.
Starts getting a little more
difficult as each week passes after that.
Q.
So at four weeks can you manipulate
the fracture?
23
MR. TAGLIA:
24
Q.
The fracture is healed?
24
any circumstance?
25
A.
Correct.
25
MS. GENTILE:
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
You have to let her
She was in the middle of a
14
18
Then within five and six
Callous usually forms at
three weeks.
12
of vague.
Usually the blood clot is
Then there is bone in between the
Are you talking under
I'm talking about
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
43
1
2
N. ENTERPRISE, M.D.
this fracture.
3
4
MR. TAGLIA:
MS. GENTILE:
6
MR. TAGLIA:
7
1
2
Your question is kind
of vague.
5
44
Is there a standard?
Off the record.
(Whereupon, an off the record
3
A.
4
week's time, yes.
5
Q.
Usually can be done up to three
Is there any difference between
6
doing it within the first week as opposed to
7
doing it within the first three weeks?
8
discussion was held.)
8
9
THE WITNESS:
9
It can be done in the
N. ENTERPRISE, M.D.
first week than within the first three weeks?
A.
Or three weeks, yes.
It is
possible to do it up to three weeks, yes.
10
hospital.
10
MR. TAGLIA:
11
Q.
11
(Whereupon, an off the record
At four weeks you can manipulate
12
the fracture in the hospital, is that what
12
13
you're saying?
13
14
15
16
A.
Yes.
14
Q.
At five weeks can you manipulate
15
the fracture?
Off the record.
discussion was held.)
THE WITNESS:
It's advantageous to
do it within the first week.
Q.
What is the advantage of doing it
16
in the first week as opposed to doing it in the
third week?
17
A.
Five weeks, usually not.
17
18
Q.
How about at six weeks?
18
19
A.
No.
19
20
Q.
Definitely not?
20
21
A.
Correct.
21
or fourth week, is there a greater possibility
Q.
Is there a period of time that is
22
of more problems down the road for the patient?
22
23
preferable for manipulating this fracture?
A.
Q.
23
A.
24
A.
Within the first three weeks.
24
fracture.
25
Q.
Is it more preferable within the
25
Q.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
It takes less force to manipulate
the fracture.
If you have to do it in the third
It depends on the nature of
How about for the fracture that
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 60
45
1
2
N. ENTERPRISE, M.D.
1
Anne Jones had?
3
MR. TAGLIA:
I object.
46
N. ENTERPRISE, M.D.
2
that a fracture that would call for a
manipulation?
According
3
4
to him, he said she didn't need it, so
4
5
you can't say according to it.
5
position with minimal angulation.
6
Q.
6
probably develop arthritis because of the
Is that correct, you can't answer
A.
It's still in a stable impacted
She could
7
with respect to her fracture because it didn't
7
nature of fracture.
8
need a manipulation?
8
due to the arthritis, she probably would need
9
some kind of procedure.
9
A.
Correct.
10
Q.
Based on the August 4th X-ray, is
10
Q.
If she became symptomatic
Listen to my question.
11
that a fracture that needs any kind of
11
to answer my question.
12
manipulation?
I ask you
If that fracture were
12
not healed, would that be a fracture that good
13
A.
The fracture is already healed.
13
medical practice would call for manipulation?
14
Q.
You're saying you could not
14
15
possibly manipulate that?
MR. TAGLIA:
15
Objection.
I think
it's been asked and answered.
16
A.
Right.
16
17
Q.
If that fracture was not healed, is
17
He just keeps saying -- he hasn't
answered.
18
that a fracture that would call for
18
19
manipulation?
19
20
A.
Depends on each individual patient.
20
21
Q.
For this patient?
21
22
A.
Since it's already healed, you
22
MS. GENTILE:
MR. TAGLIA:
He hasn't answered.
I think he said it's
in good position.
MS. GENTILE:
That's in violation
of the rules.
23
can't manipulate this fracture on this date,
23
24
yes.
24
question over and over because you don't
25
like the answer.
25
Q.
If this fracture wasn't healed, is
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
MR. TAGLIA:
You can't ask a
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
47
1
N. ENTERPRISE, M.D.
2
MS. GENTILE:
3
MR. TAGLIA:
4
He didn't answer.
48
1
N. ENTERPRISE, M.D.
2
A.
It's in impacted position.
I would
Read the answer back.
3
prevent further displacement by putting a good
(Whereupon, the referred to answer
4
cast.
5
was read back by the Reporter.)
5
Q.
6
Q.
6
fracture?
I show you the X-ray marked
You would not manipulate that
7
Plaintiff's Exhibit 2 which is from Bromer
7
A.
Right.
8
Medical and is dated July 15, 2004.
8
Q.
I ask you to compare this X-ray,
9
10
A.
This is oblique view.
All the
fractures we look at a normal view.
9
10
11
Q.
Here is Plaintiff's Exhibit 1?
11
12
A.
In the correct PA view --
12
MR. TAGLIA:
13
13
14
There is no question
pending.
15
THE WITNESS:
16
MR. TAGLIA:
17
question.
18
19
20
This looks stable.
Wait, there is no
THE WITNESS:
Q.
I'm sorry.
Is that a fracture that good
medical practice would call for manipulating?
which is Plaintiff's 1 from Bromer with the
X-ray from your office of August 4, 2004.
Is there any difference in the
fracture as shown in those two X-rays?
A.
Comparing the exact views of the
14
wrist, there is only, if at all, minimal
15
changes only, nothing significant.
16
MS. GENTILE:
Read back the answer
17
to the question about whether or not he
18
manipulated the fracture.
19
20
(Whereupon, the referred to answer
was read back by the Reporter.)
21
A.
Not absolutely necessary.
21
22
Q.
Would you manipulate that fracture?
22
X-ray from July 15, 2004.
MR. TAGLIA:
Objection to form.
23
in that alignment as you see in the X-ray of
That's a badly formed
24
July 15, 2004, if it was in that alignment when
25
you first saw Anne Jones on June 25,
23
24
You can answer.
25
question, but you can answer.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
Q.
Going back one more time to the
If the fracture was
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 61
49
1
2
N. ENTERPRISE, M.D.
50
1
2004, would you manipulate that fracture?
2
N. ENTERPRISE, M.D.
those bones knit back together?
3
A.
No.
3
A.
Yes.
4
Q.
As you see the fracture in the
4
Q.
Is it also fair to say the better
5
X-ray of July 15, 2004, do you consider that
5
the alignment the better the outcome for the
6
fracture to be in good alignment?
6
patient in the long run?
7
A.
Again, I'd like to qualify my
8
answer.
9
minimal angulation.
10
11
It's impacted, stable position,
I would treat it with
A.
Yes.
8
Q.
Is it also fair to say that the
9
casting.
Q.
7
Do you consider the fracture, as it
10
likelihood of good range of motion and minimal
11
pain in the long run?
12
appears in the July 15, 2004 X-ray, to be in
12
13
good alignment?
13
14
A.
15
Yes.
MR. TAGLIA:
16
14
Off the record.
(Whereupon, an off the record
better the alignment, the greater the
A.
Given a particular pattern of
fracture, yes.
Q.
Does the standard of care require
15
you to determine what the alignment is of the
16
fracture after you put the cast on?
17
discussion was held.)
17
A.
Yes.
18
Q.
18
Q.
How do you do that?
A.
We do an X-ray after the cast has
Is it fair to say the purpose of
19
casting Anne Jones's wrist was to
19
20
maintain the best possible alignment of the
20
21
bone fracture?
been placed at periodic intervals.
21
Q.
What is the period of interval?
22
A.
Yes.
22
A.
We should certainly do an X-ray at
23
Q.
Was the goal of your treatment for
23
least three weeks after the manipulation of the
24
Anne Jones to keep the alignment of the
24
fracture to see if there is any changed
25
fracture in the best possible alignment while
25
position from the initial position.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
51
1
2
N. ENTERPRISE, M.D.
Q.
Does the standard of care require
52
1
2
3
you to do an X-ray of the fracture on the same
3
4
day that you put the cast on?
4
5
6
7
A.
Depending on the pattern of the
fracture and the stability.
Q.
How about for Anne Jones's
A.
Yes.
Q.
Why didn't you take an X-ray of
7
fracture, did the standard of care require you
8
to take an X-ray on the same day that you put
9
12
13
14
the cast on?
A.
It is a stable fracture, I didn't
think she needed an X-ray.
Q.
Did the standard of care require
you to take an X-ray?
Did you have an X-ray machine in
6
9
11
Q.
your office on June 25, 2004?
5
8
10
N. ENTERPRISE, M.D.
sorry.
Anne Jones's fracture?
MR. TAGLIA:
He answered that
already.
10
MS. GENTILE:
11
MR. TAGLIA:
No, he didn't.
If I tell you what he
12
said, you're going to say I violated the
13
rules.
14
film --
15
A.
If it were unstable, yes.
15
16
Q.
For Anne Jones, did the
16
He said there is a recent
MS. GENTILE:
Objection.
17
standard of care require you to take an X-ray
17
MR. TAGLIA:
18
after you put the cast on?
18
answer the question.
question, it's been asked.
19
A.
It was not necessary.
19
20
Q.
Did you have an X-ray machine in
20
21
22
your office on June 25, 2007?
MR. TAGLIA:
You don't have to look
23
through your notes.
24
Do you have an X-ray machine.
25
MS. GENTILE:
The question is:
Did I say 2007, I'm
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
21
22
23
24
25
You can't
do that.
Q.
Then I object.
Don't
Don't answer the
Did you consider taking an X-ray of
Anne Jones's fracture on June 25, 2004?
A.
Don't answer the question, it's
been asked.
MS. GENTILE:
We will bring him
back.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 62
53
1
N. ENTERPRISE, M.D.
2
MR. TAGLIA:
54
1
You asked him why and
2
N. ENTERPRISE, M.D.
it was not working?
3
he told you.
3
A.
I don't recall.
4
A.
4
Q.
Is there anything which would
5
I answered it already if you look
back in my questioning before.
6
Q.
7
5
indicate whether or not your X-ray machine was
Did you consider taking an X-ray?
6
working on June 25, 2004?
MR. TAGLIA:
7
A.
I don't have that record.
8
Q.
Would the fact that your X-ray
Objection.
He told
8
you why he didn't take an X-ray.
9
your next question.
10
MS. GENTILE:
11
Ask
9
That doesn't mean he
didn't consider it.
12
MR. TAGLIA:
It's irrelevant.
He
machine was not working, would that have any
10
effect on whether or not you would take an
11
X-ray of Anne Jones on June 25, 2004?
12
MR. TAGLIA:
If he thought it was
13
told you why he didn't do it?
13
indicated you mean?
14
Q.
14
case where he told you --
15
June 25, 2004?
16
17
18
Was your X-ray machine working on
A.
I don't recall.
Most likely it
Q.
Do you have any records which would
was.
15
MS. GENTILE:
16
MR. TAGLIA:
17
You're asking in a
Stop.
Stop.
You can't ask these
questions without a foundation.
18
MS. GENTILE:
19
indicate whether your X-ray machine was
19
different thing.
20
working?
Okay.
That's a whole
You can't put words.
20
You're not allowed to make speaking
21
A.
No.
21
objection.
22
Q.
Was there ever a period of time
22
MR. TAGLIA:
23
MS. GENTILE:
MR. TAGLIA:
23
where your X-ray machine was not working?
24
A.
It can be.
24
25
Q.
Was there ever a time in 2004 when
25
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
It's not speaking -It is.
Don't interrupt me.
Your question is flawed.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
55
1
N. ENTERPRISE, M.D.
2
MS. GENTILE:
3
want to say that.
4
A.
nearby facility.
It's a flawed question for
5
relationship with any X-ray facility off site.
6
five reasons.
11
We have no personal
6
Q.
Which is what?
7
Bromer Medical?
MR. TAGLIA:
First of all, the
8
A.
Yes, we have, periodically.
9
Q.
Where is Bromer Medical located in
MS. GENTILE:
Objection.
Let's
have the witness step out.
12
We would just refer the X-ray to a
MS. GENTILE:
patient came with an X-ray.
10
N. ENTERPRISE, M.D.
any nearby facilities for taking X-rays?
4
question.
9
2
3
5
8
1
That's fine if you
Rephrase your
MR. TAGLIA:
7
56
MR. TAGLIA:
10
11
No, I'm not having the
12
Ask a question that
13
Did you ever refer patients to
respect to where your office was?
A.
I have to look at the address.
It's on Richmond Road which is pretty close by.
13
witness step out.
14
hasn't been asked.
14
Jones to Bromer Medical to get an X-ray on
Q.
15
Would the fact that your X-ray
Q.
Could you have sent Maureen
15
June 25, 2004 if you determined that it was
16
machine was working or not working play any
16
medically appropriate to do so?
17
effect on whether or not you would take an
17
A.
Yes.
18
X-ray of Anne Jones on July 25, 2004?
18
Q.
Did Anne Jones have any pain
19
on June 25, 2004?
19
MR. TAGLIA:
Objection to the form.
20
You can answer over objection.
20
21
A.
21
No.
If she needed an X-ray, I
A.
22
would have ordered the X-ray so she can go to
22
Q.
23
the nearby facility get the X-ray done, come
23
the pain?
24
back and see me.
24
25
Q.
25
Did you have a relationship with
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
June 25, '04, she did have pain, my
notes reflect that.
A.
What does your note reflect about
On examination today the patient
has tenderness on the distal radius.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 63
57
1
2
N. ENTERPRISE, M.D.
Q.
58
1
On June 25, 2004, did you
Make a motion.
motion.
3
anticipate any surgery would be required to
3
4
treat Anne Jones's fracture?
4
5
6
7
A.
All options were considered.
5
Q.
Did you anticipate -- let me ask a
6
different question.
8
9
10
7
Was surgery part of your treatment
plan that you developed for Anne Jones on
MR. TAGLIA:
what his treatment plan was.
13
answered.
14
A.
15
16
24
you saw her on June 25, 2004?
11
A.
I don't recall.
12
Q.
If you were considering surgery for
when you saw her on June 25, 2004?
You
16
Sorry.
18
Was surgery part of your plan for
MR. TAGLIA:
MS. GENTILE:
Objection.
He told
Objection.
It's not.
I disagree.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
No
MS. GENTILE:
I'm going to call the
judge.
MR. TAGLIA:
20
(Whereupon, an off-the-record
Call the judge.
discussion was held.)
22
That's a
Objection.
Don't answer the question.
19
21
speaking objection.
MR. TAGLIA:
MR. TAGLIA:
foundation.
17
Asked and answered.
you what his treatment plan was.
25
Did you ever have any conversations
with Anne Jones regarding surgery when
15
I'm the attorney.
Anne Jones?
23
Asked and
14
MR. TAGLIA:
22
Q.
Objection.
Don't answer the question.
MR. TAGLIA:
THE WITNESS:
21
MR. TAGLIA:
answered.
This has already been discussed.
want to be the attorney too?
Q.
Did you plan to recommend surgery
to Anne Jones after you examined her?
Anne Jones, would you have told her that
18
20
Asked and
Q.
I invite you to make a
Objection, asked and answered.
13
17
19
10
You already asked him
12
8
9
June 25, 2004 after you examined her?
11
N. ENTERPRISE, M.D.
2
MR. TAGLIA:
I'll allow him to
23
answer that question over objection.
24
Read it back.
25
(Whereupon, the referred to
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
59
1
2
N. ENTERPRISE, M.D.
question was read back by the Reporter.)
3
4
THE WITNESS:
Q.
Yes.
If you were considering surgery for
60
1
2
3
N. ENTERPRISE, M.D.
A.
Any fracture of the wrist I always
consider all the options.
4
MR. TAGLIA:
She is asking about
5
Anne Jones on June 25, 2004, would you
5
treatment plan, not what you thought.
6
have made a note of that in your records?
6
Treatment plan, that's the question.
7
A.
I usually discuss all the options
8
for the particular fracture.
9
reflect that.
10
Q.
My notes don't
7
8
9
Just to be clear, if you were
10
THE WITNESS:
I did consider it,
yes.
Q.
Was that part of your treatment
plan for Anne Jones on June 25, 2004?
11
considering surgery for Anne Jones on
11
A.
One of the options.
12
June 25, 2004, you would have put that in your
12
Q.
Was it part of your treatment plan
13
chart, yes?
13
14
MR. TAGLIA:
I object to the form.
for Anne Jones on June 25, 2004?
14
A.
I would say so.
15
Could you make the question a little
15
Q.
What kind of surgery did you plan
16
clearer?
Considering could be vague.
16
17
Ask a clear question and I'll let him
17
18
answer.
18
fixator.
Q.
19
the operating room if she needed it.
19
Is it fair to conclude that since
on performing for Anne Jones?
A.
It would be probably an external
That final decision would be made in
20
there is no reference to surgery in your notes
20
21
of June 25, 2004, that surgery was not part of
21
into the operating room and applying this
22
your treatment plan for Anne Jones at
22
external fixator?
23
that point?
23
24
25
MR. TAGLIA:
answered.
Objection, asked and
You can answer it again.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
24
25
Q.
A.
When did you plan on taking her
After I looked at the X-rays.
I
thought she could be treated with a cast.
Q.
But it was part of your treatment
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 64
61
1
2
N. ENTERPRISE, M.D.
62
1
plan to apply an external fixator; yes?
N. ENTERPRISE, M.D.
2
Is application of an external
3
A.
3
fixator something that you would do or would
4
in the position.
4
you refer her to someone else to do?
5
Q.
5
A.
I would do it.
6
Q.
Describe how that external fixator
A.
You put two pins to the medial
6
When would you apply that external
fixator?
7
8
9
If there was any significant change
Q.
A.
Within the next visit.
7
Q.
In the next visit, was there any
8
significant change to the fracture?
9
works?
carpal of the index fingers and two pins to the
10
A.
No significant change.
10
radius and you apply traction on it and the
11
Q.
In the next visit, what happened
11
tension on the ligaments attach to the bone and
will hold the bone in place.
12
with respect to your treatment plan as to the
12
13
external fixator?
13
14
A.
I already answered that question.
14
MR. TAGLIA:
MR. TAGLIA:
15
MS. GENTILE:
16
this external fixator.
15
16
Answer it again over
objection.
17
THE WITNESS:
18
Repeat the question,
please.
MR. TAGLIA:
20
(Whereupon, the referred to
21
Read it back.
THE WITNESS:
There was no
The surgery?
The application of
A.
Usually, an hour to an hour and a
Q.
Was the possibility of the internal
20
fixation part of your treatment plan for
21
Anne Jones on June 25, 2004?
22
A.
No.
Q.
Do you recall any conversations you
23
significant change in the position, so I
23
24
did consider putting the external
24
25
fixator in the next visit.
25
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
How long does that process take?
half.
19
question was read back by the Reporter.)
22
17
18
19
Q.
had with Anne Jones on June 25, 2004?
A.
I don't.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
63
1
2
3
Q.
64
N. ENTERPRISE, M.D.
1
Did you give Anne Jones any
2
instructions on June 25, 2004?
N. ENTERPRISE, M.D.
3
A.
Receptionist.
Q.
Then it says -- can you read what
4
A.
Yes.
4
5
Q.
What instructions did you give her?
5
A.
Age 71.
6
A.
She was advised to do range of
6
Q.
Then the date 6/23/04?
A.
Correct.
it says next?
7
motion exercises to all the fingers and the
7
8
shoulder and she was also shown how exactly to
8
wrist while going down the stairs.
9
do the exercises.
9
St. Vincent's emergency room.
10
Q.
Anything else?
10
showed fracture.
11
A.
She was advised to return in three
11
Q.
Is that your handwriting?
12
A.
No.
13
Q.
Whose handwriting is that?
14
A.
Receptionist.
Q.
Do you know what receptionist wrote
17
A.
I don't recall.
18
Q.
Do you recall who was your
12
13
14
weeks.
Q.
Who showed her how to do the
exercises?
15
A.
I did.
15
16
Q.
I'm looking at the page 5A of
16
Was seen at
Her X-rays
that?
17
today's date.
18
some handwritten notes.
19
some questions about those two kinds of notes.
19
20
Let me ask the question first.
20
A.
Several receptionists.
21
Q.
The 6/23/04, is that the date that
21
I see some typewritten notes and
Patient injured her right
I'm going to ask you
At the top of it, the name
22
Jones, Maureen, age 71.
23
handwriting?
Is that your
22
receptionist at that time?
the receptionist wrote this down?
23
A.
Yes.
24
A.
No.
24
Q.
Was Anne Jones in your office
25
Q.
Who wrote that?
25
on June 23, 2004?
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 65
65
1
N. ENTERPRISE, M.D.
2
3
4
66
1
A.
No.
2
Q.
Was this by phone or something
3
else?
N. ENTERPRISE, M.D.
Q.
After the 6/25/04, there is some
other writing.
4
A.
What is that?
She had an injury to I think it's
5
A.
No, encountered in the office.
5
the knee in the past.
6
Q.
So based on your notes, this
6
PH, past history, and she had ORIF fracture
right patella.
7
indicates to you that the patient came into
7
8
your office on June 23, 2004?
8
9
10
A.
She didn't come.
She had the
injury on 6/23/04.
11
Q.
That's what I'm asking.
The
12
13
written?
13
A.
The note was written on 6/25/04.
You're talking about
this here?
11
6/23/04, is that the date that the note was
No, I'm not there yet, I'm sorry.
MR. TAGLIA:
10
12
14
Q.
9
Past history, it says
MS. GENTILE:
Q.
Not there yet.
6/25/04 there is another number, it
looks to me like 70-07.
14
A.
70-07.
It's not on your copy?
15
That was the date of her encounter with Maureen
15
Q.
What is that?
16
in the office.
16
A.
I don't know what it means.
17
according to the patient, that has been written
17
Q.
You have no idea what that is?
18
there.
18
A.
I have no idea.
19
Q.
If you actually look on 5B, if you
Date of injury was 6/23/04
19
Q.
Then is says 6/25/04.
What does it
20
say after that?
20
flip over and look at the next page after
21
A.
X-rays with patient.
21
7/16/04, I see the same 70-07 and on 8/4/04 it
22
Q.
Who wrote that?
22
also has 70-07 it's also on the flap of the --
23
A.
Receptionist.
23
24
Q.
What does that indicate to you?
24
forward, zero, forward.
25
A.
She has brought X-rays.
25
means.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
A.
I don't think it is seven.
It's a
I think that's what it
It's not a seven.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
67
1
N. ENTERPRISE, M.D.
2
Q.
You think it's an arrow, a right
68
1
2
N. ENTERPRISE, M.D.
of my session on the same day on the tape.
3
arrow with a zero and another right arrow
3
4
meaning greater than?
4
gets the note page for that particular patient
5
and types it out for you?
5
A.
I have no idea what she means by
6
that.
7
here it looks like an arrow.
8
9
Her seven is written like this here, but
Q.
Have you seen that on any of your
other charts?
Q.
Then the transcriptionist goes and
6
A.
Correct.
7
Q.
Then do you have an opportunity to
8
review it for any corrections?
9
A.
Yes.
10
A.
I don't recall.
10
Q.
Did you review the transcription
11
Q.
There is some typewritten notes,
11
12
I'm back on Plaintiff's 5A now.
13
typewritten notes, begins 71-year old patient;
There are some
13
14
yes?
14
from June 25, 2004 for Anne Jones?
12
A.
I always review it during the next
Q.
At some point, you did review that
visit.
15
A.
Correct.
15
16
Q.
It's typewritten; right?
16
A.
Yes.
17
A.
Yes.
17
Q.
Is the transcription accurate?
18
Q.
Who wrote that?
18
A.
Yes.
MR. TAGLIA:
19
Q.
If the transcription was not
19
20
You mean who typed
that?
21
MS. GENTILE:
Who typed that?
transcription, yes?
20
accurate, would you have made the correction
21
right on that page?
22
A.
The transcriptionist.
22
A.
I would write it by the side.
23
Q.
Where did the transcriptionist get
23
Q.
If it was something wrong, would
24
you cross it out?
25
A.
24
25
the information to type that in?
A.
I would have dictated it at the end
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
I would put a line, make the
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 66
69
1
2
N. ENTERPRISE, M.D.
1
correction and sign it.
3
Q.
70
With respect to June 16, 2004,
N. ENTERPRISE, M.D.
2
A.
Yes.
Who does that say?
3
Q.
4
there is also some typewritten language, is
4
A.
5
that the same?
5
fracture.
Past history.
It says P/H ORIF
I think it says right patella.
6
A.
July 16th?
6
Q.
When did you get that?
7
Q.
Sorry, July 16, 2004, there is also
7
A.
At the time of the encounter.
8
Q.
In your note you say a split was
8
some typewritten information.
Is that the same
9
transcription process that was used?
9
made in the cast to prevent any constriction?
10
A.
Yes.
10
A.
Correct.
11
Q.
Did you have the opportunity to
11
Q.
How big was that split?
12
A.
It was halfway in the cast.
13
Q.
About how many inches?
14
A.
I would say about five to six
12
review that and make any corrections?
13
14
A.
No corrections were made.
I did
review it during the next visit.
15
Q.
So it was accurate?
15
16
A.
Yes.
16
17
Q.
The last typewritten notes are from
17
swelling that was going to occur or to
18
August 4, 2004.
18
accommodate swelling that had already occurred?
19
review that transcription?
Did you have an opportunity to
inches.
Q.
Was this to accommodate additional
19
A.
To accommodate additional swelling.
Q.
How much more swelling was going to
20
A.
Yes.
20
21
Q.
Is that transcription accurate?
21
22
A.
Yes.
22
23
Q.
There are some little notes just
23
It could happen in any patient.
occur for Anne Jones?
A.
24
above the typewritten material for June 25,
24
variable.
25
2004.
25
Q.
Is that your handwriting?
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
It's difficult to procrastinate.
It's very
Do you put a split in every cast
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
71
1
2
3
4
5
N. ENTERPRISE, M.D.
you put on the patient?
A.
If a patient comes with swelling
already, we put the split.
Q.
Did the fact you had to put a
72
1
2
N. ENTERPRISE, M.D.
MS. GENTILE:
There are also some
3
patient information forms.
4
I wanted look at those.
Just quickly
5
have them marked as exhibits?
You want to
6
splint in the cast suggest that there was a
6
MR. TAGLIA:
7
risk of displacement or loss of alignment for
7
were marked yesterday.
8
this fracture for Anne Jones?
8
during your mother's deposition.
9
talking about the documents that were
9
10
11
A.
Not in Maureen because it was
already impacted stable fracture.
Q.
If it wasn't impacted, would there
It's up to you.
They
I marked them
We are
10
previously marked Defendant's Exhibit A.
11
It's a three-page form with a
questionnaire on it.
12
have been a risk of loss of alignment for
12
13
Anne Jones's fracture?
13
MS. GENTILE:
14
(Whereupon, the aforementioned
14
15
A.
You're giving a theoretical
question here, yes.
Mark this.
15
Three-page medical history sheets were
16
Q.
Okay.
16
marked as Plaintiff's Exhibit 5C for
17
A.
If there was not impacted, yes.
17
identification as of this date by the
18
Q.
If it was not impacted, would you
18
Reporter.)
19
have instructed Anne Jones to come back
19
20
to your office within a week to check on the
20
Plaintiff's Exhibit 5C a three-page
21
alignment?
22
23
24
25
MS. GENTILE:
We have marked as
21
document.
A.
Certainly.
22
says "Island OrthopedicAssociates
Q.
Would that have been required by
23
Medical History."
the standard of care?
A.
Yes.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
24
25
The top of the first page
The second page says "Richmond
Orthopedic Associates Patient
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 67
73
1
N. ENTERPRISE, M.D.
74
1
N. ENTERPRISE, M.D.
2
Information" and the third page, I
2
3
believe at the top says "Insurance
3
description of the accident, did you take that
4
Information."
4
from the insurance information page?
5
Q.
5
6
Whose handwriting is on these
pages?
6
Q.
A.
How about on the third page,
No.
I would have asked the
patient.
7
A.
Receptionist.
7
Q.
You asked her yourself?
8
Q.
Who took the information that you
8
A.
Yes.
9
Q.
When you spoke to Anne Jones
9
find on Plaintiff's Exhibit 5C?
10
11
12
A.
I don't recall who did that.
10
on June 25, 2004, did she indicate anything
Q.
Did you take any of that
11
about her knee causing her to fall?
information?
12
13
A.
No.
13
14
Q.
On any of those three pages?
14
15
A.
Correct.
15
Q.
When you wrote your transcription,
16
A.
I don't recall, but she did give a
history of a knee injury in the past.
Q.
If she told you her knee had caused
her to fall, would you have written that down?
16
A.
Yes.
17
when you dictated your transcription for
17
Q.
After June 25, 2004, when was the
18
6/25/05 for Anne Jones, did you refer to
18
next time that Anne Jones came to your
19
any of the documents that are Plaintiff's 5C?
19
office?
20
A.
Yes.
20
A.
7/16/04.
21
Q.
What did you use these documents
21
Q.
Between June 25, 2004 and July 16,
22
23
for?
A.
See what her past history was.
24
had a fracture of the right knee.
25
are in my handwritten note.
She
The results
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
22
2004, did Anne Jones call your office at
23
any time?
24
A.
She might have called the office.
25
Q.
What leads you to say that she
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
75
1
2
3
4
5
N. ENTERPRISE, M.D.
1
might have called the office?
A.
Because she bought the X-ray of
3
7
9
MS. GENTILE:
11
8
We will get to it.
The only thing I can think of is
Read it back.
9
the office might have called her that the X-ray
10
facility was not working and she was advised to
11
get an X-ray on the outside before coming to
12
see me.
THE WITNESS:
She might have come
13
for a referral for the X-rays.
14
the only information I can think of.
14
Q.
15
MS. GENTILE:
A.
(Whereupon, the referred to
question was read back by the Reporter.)
12
I know what he is
answer your question.
6
office?
10
MR. TAGLIA:
going to do, but it's to the going to
any phone calls from Anne Jones to the
Repeat that question.
That's okay, I think
he is going to answer it.
5
7
A.
MS. GENTILE:
4
What does that suggest to you about
6
8
N. ENTERPRISE, M.D.
2
Bromer Radiology on 7/16/04.
Q.
76
That's
Why would she have gotten a
13
Q.
Did you write a prescription for
her to get an X-ray from Bromer?
15
A.
I don't remember.
16
referral for an X-ray from Bromer?
16
Q.
Look in your chart, is there a copy
17
MR. TAGLIA:
17
18
MS. GENTILE:
For Bromer?
For Bromer from your
of a prescription to get an X-ray from Bromer?
18
MR. TAGLIA:
19
office.
19
MS. GENTILE:
20
A.
20
A.
Yes, there is.
21
Q.
Can I see it?
22
A.
Sure.
Q.
Do you mind if we have it marked?
21
22
If the X-ray facility was not
working in our facility.
Q.
How would she know to come get a
23
referral to Bromer to get an X-ray?
23
24
MR. TAGLIA:
24
25
You have to listen to
her question.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
25
You mean a referral?
Yes, a referral.
(Whereupon, the aforementioned
Referral was marked as Plaintiff's
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 68
77
1
N. ENTERPRISE, M.D.
78
1
N. ENTERPRISE, M.D.
2
Exhibit 5D for identification as of this
2
Q.
Who signed it?
3
date by the Reporter.)
3
A.
My secretary.
4
Q.
4
I show you what's been marked
5
Plaintiff's Exhibit 5D of today's date.
6
7
8
for Anne Jones to get an X-ray?
That
is the X-ray that you wrote for Maureen
6
Q.
What is her name?
Jones.
7
A.
I don't know.
8
Q.
Do you need a prescription from a
This is the prescription you wrote
A.
I didn't write this prescription.
10
Q.
That is not your handwriting?
10
11
A.
No.
11
12
Q.
Who signed it?
12
13
A.
This is my secretary gives the
13
9
referal for an X-ray to be done.
15
16
He already answered
it.
9
14
MR. TAGLIA:
5
MR. TAGLIA:
14
Her question is who
signed it?
17
THE WITNESS:
One of my secretaries
doctor to get an X-ray?
A.
To go to an outside facility you
need a prescription.
Q.
Did you instruct your secretary to
write the prescription?
A.
I would have instructed her, if our
15
X-ray machine was not working, to send the
16
patient to an outside facility before being
17
seen in the office.
18
must have.
18
19
Q.
That's not your signature?
19
of the -- I'm sorry, where would she have
20
A.
Right.
20
gotten the prescription form to write the
21
Q.
What are those initials after the
21
prescription?
22
signature?
Q.
22
23
A.
That's M.D.
23
24
Q.
Was it written by an M.D.?
24
25
A.
No.
25
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
Where would she have gotten a copy
MR. TAGLIA:
Hold it, the
secretary?
MS. GENTILE:
Q.
The secretary.
Where would the secretary have
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
79
1
2
3
4
5
6
N. ENTERPRISE, M.D.
gotten -A.
It would be my locked drawer which
she would have the key to that.
Q.
Did you allow your secretary to
write prescriptions for X-rays on your behalf?
80
1
Jones to see you which was July 16, 2004,
3
what was the condition of her wrist?
4
6
X-rays.
X-rays, yes.
7
8
Q.
On the back there is a phone number
8
9
351-1062.
10
number to?
MR. TAGLIA:
The question is, do
I'm going to object.
You already questioned him on the
A.
11
MR. TAGLIA:
5
7
Do you know what that is a phone
N. ENTERPRISE, M.D.
2
MS. GENTILE:
I'm not asking about
the X-ray.
9
MR. TAGLIA:
If you want to ask a
10
more specific question about it, go
11
ahead.
12
you know what phone number is?
12
Q.
Did you examine her?
13
A.
I don't know.
I don't recall.
13
A.
Yes.
14
Q.
What is Bromer's phone number?
14
Q.
What were the results of your
15
A.
It's a fax number for Bromer.
15
Q.
Okay.
16
16
So on the back the phone
examination?
A.
The cast was getting a little bit
17
number listed there is the fax number for
17
loose which I expected.
18
Bromer?
18
The new X-rays done at the time of that visit
was reviewed.
19
A.
Right.
19
20
Q.
Did your secretary, on occasion,
20
21
22
fax prescriptions to Bromer?
A.
23
MR. TAGLIA:
She needed a new cast.
She only asked you
21
about the exam, but go ahead, continue.
I don't recall.
22
It's not for me to interrupt you.
MS. GENTILE:
23
Finish what you were saying, I'm not
I'm going to need a
24
copy of the front and back.
24
supposed to interrupt you.
25
Q.
25
Q.
On the second visit of Maureen
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
I'll ask you a question, that's
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 69
81
1
2
N. ENTERPRISE, M.D.
1
fine.
3
82
Other than the cast being a little
N. ENTERPRISE, M.D.
2
no significant change in the fracture from the
3
first visit to the second visit?
4
bit loose, what else did you find upon
4
A.
Yes.
5
examination?
5
Q.
You indicated you would have seen
6
7
A.
Pain, swelling would have been
examined or looked for the swelling.
6
what her level of pain was.
7
level when you saw Anne Jones on July 16,
2004?
8
Q.
Anything else?
8
9
A.
If she had any increase in pain,
9
10
that would have been noted.
10
11
Q.
Anything else?
11
12
A.
Condition of the cast would have
12
13
been noted.
A.
What was her pain
Anything significant would have
been noted.
Q.
So was she having any significant
pain on July 16, 2004?
13
A.
Correct.
14
Q.
Anything else?
14
Q.
The question was was she having any
15
A.
X-rays would have been reviewed.
15
Q.
Anything else about the
16
A.
No.
17
Q.
What did you observe with respect
16
17
examination?
18
A.
19
20
Anything else significant would
18
to the swelling in the area where the injury
have been noted.
19
occurred?
Q.
20
A.
Swelling had decreased.
Q.
Was there still any swelling at
23
A.
I would expect some swelling would
24
still be there.
25
Q.
If you noted a change in the
21
fracture from the first visit to the second
21
22
visit, would you have made a note of that?
22
23
24
25
significant pain on July 16, 2004?
A.
Any significant change would have
been noted.
Q.
So is it fair to conclude there was
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
all?
If there was swelling still there
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
83
1
2
3
N. ENTERPRISE, M.D.
1
would you have made a note in the chart?
A.
84
Since I would expect some swelling
N. ENTERPRISE, M.D.
2
3
A.
I don't remember.
That's my usual
practice, I always do it.
4
to be there at that period, I would not have
4
5
made a note.
5
note of your comparison between the X-rays from
6
the first visit and the X-rays from the second
7
visit?
6
7
Q.
What did you find with respect to
the cast condition?
8
A.
Cast was getting slightly loose.
8
9
Q.
When you say a little loose, could
9
10
you describe that?
10
Q.
A.
Is it your usual practice to make a
If there is a significant change I
would make a note.
Q.
So it's fair to conclude you found
11
A.
It needed to be replaced.
11
no significant change because you would have
12
Q.
What did you do?
12
made a note of it in the chart if there was a
13
A.
I put a more snug cast.
13
significant change?
14
Q.
You reviewed the X-ray from Bromer?
14
A.
Yes.
15
A.
Yes.
15
Q.
When you wrote, "patient is advised
16
Q.
Did Anne Jones bring the
16
17
X-ray from Bromer with her?
to remain non weight bearing"?
17
A.
Yes.
18
A.
Yes.
18
Q.
What does that mean?
19
Q.
Did you compare the X-ray from
19
A.
Most patients have the tendency to
20
21
22
23
24
25
Bromer with the X-ray from St. Vincent's?
MR. TAGLIA:
You already asked that
question.
MS. GENTILE:
MR. TAGLIA:
20
put weight on the wrist and displace the
21
fracture and make it worse.
22
I don't think so.
Yes, you did.
Over
objection, you can answer again.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
23
Q.
If there is a cast on the wrist,
can you still displace the fracture?
24
A.
Certainly.
25
Q.
When you took Anne Jones's
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 70
85
1
N. ENTERPRISE, M.D.
86
1
N. ENTERPRISE, M.D.
2
cast off, did you observe any deformity of her
2
you to take an X-ray after you put a new cast
3
wrist?
3
on the fracture?
4
A.
I don't recall.
4
A.
Only if it is unstable.
5
Q.
If you observed a deformity, would
5
Q.
What is the basis of your
6
you have made a note of it in the chart?
6
7
A.
Yes.
7
8
Q.
Is it fair to conclude there was no
8
9
10
deformities since you didn't make a note of it
in your chart?
conclusion that the fracture was stable?
A.
9
10
Because there is no significant
change from the previous X-rays.
Q.
Just to go back for a second, on
June 25, 2004, did you write any prescriptions?
11
A.
Correct.
11
A.
Yes, pain medication.
12
Q.
Was the location of the fracture
12
Q.
Darvocet?
13
A.
Yes.
14
Q.
What was the dosage?
15
A.
It was one tablet every six hours
13
14
15
16
17
18
19
20
still tender?
A.
For three weeks I would still
expect tenderness to be there.
Q.
Did you manipulate the fracture
16
while you had the cast off?
17
Q.
Other than what you already told me
A.
No.
18
about, were there any other phone conversations
Q.
After you put cast back on -- you
19
between Anne Jones and your office or
20
yourself between the first visit and the second
visit?
put a new cast on; right?
21
A.
Yes.
21
22
Q.
Did you take an X-ray of the
22
fracture after you put the cast back on?
23
23
only when pain was present.
24
A.
Not afterwards since it was stable.
24
25
Q.
Did the standard of care require
25
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
A.
Maybe with reference to getting the
X-ray done.
MR. TAGLIA:
Any calls?
Any other
calls.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
87
1
N. ENTERPRISE, M.D.
2
3
4
5
THE WITNESS:
Q.
A.
Yes, we did.
MS. GENTILE:
Could we mark that as
an exhibit.
8
9
Did you receive the report from the
Bromer radiologist?
6
7
I don't recall.
(Whereupon, the aforementioned
X-ray report was marked as Plaintiff's
88
1
N. ENTERPRISE, M.D.
2
3
Q.
Looking at the report, do you agree
with it?
4
A.
Can I look at the Bromer X-rays?
5
Q.
Yes.
They have been marked as
6
Plaintiff's 1 and Plaintiff's 2 of today's
7
date.
8
A.
I agree with parts of it.
9
Q.
Tell me what you agree with, then
10
Exhibit 5E for identification as of this
10
I'm going to ask you what parts do you disagree
11
date by the Reporter.)
11
with?
12
MS. GENTILE:
The Bromer report has
12
13
been marked as Plaintiff's Exhibit 5E of
13
know what he means by overriding, it's not
14
today's date.
14
specific.
15
Q.
15
16
Did you have that at the time that
you examined Anne Jones on July 16, 2004?
16
A.
Q.
I agree it's an impaction.
I don't
Is that a term you ever used in the
course of your work as an orthopedic?
17
A.
I don't recall.
17
18
Q.
Was it the custom and practice to
18
disagree with radio-carpal joint space
narrowing.
A.
Not in interpretation of X-rays.
19
have received that report at the time of
19
20
treatment?
20
Q.
You disagree with that?
21
A.
Correct.
22
Q.
Is there any other parts of the
21
22
23
24
25
A.
Depends on the facility which does
the X-ray.
I
Q.
We are talking about Bromer?
23
report that you disagree with other than that
A.
I know.
24
the radio-carpal joint space narrowing is noted
25
and you don't understand what he means by the
report or not.
I don't know if I had the
I'm not sure.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 71
89
1
2
N. ENTERPRISE, M.D.
90
1
slightly overriding?
N. ENTERPRISE, M.D.
2
a conversation?
3
A.
Correct.
3
A.
Yes.
4
Q.
Is there anything else you disagree
4
Q.
Tell me what the chart indicates?
5
A.
Non weight bearing, return in three
Q.
When she returned in three weeks,
5
with?
6
7
8
A.
No.
6
Q.
Do you know neuroradiologist Robert
7
Shepp?
weeks.
8
there would no longer be an opportunity to
9
manipulate the fracture if the alignment was
9
A.
I have no person contact with him.
10
Q.
Do you ever discuss Maureen
11
Jones with him?
11
12
A.
No.
12
answered.
Q.
Did you have any conversations with
13
Q.
Is that correct?
14
A.
Which visit?
13
14
10
Anne Jones on July 16, 2004?
15
MR. TAGLIA:
You mean that he
not good; is that correct?
MR. TAGLIA:
15
Objection.
Asked and
You can answer it again.
MR. TAGLIA:
The last visit.
16
recalls or did he have any conversation
16
17
with her?
17
that was your last opportunity to manipulate
18
and not speak.
18
the fracture if you needed to; is that right?
19
Q.
19
A.
Correct.
20
Q.
By the time she were to return that
20
It's hard to see a patient
Do you recall any conversation with
Anne Jones on July 16, 2004?
21
A.
22
23
21
next three weeks, in that next three-week
MR. TAGLIA:
22
visit, there would no longer be the opportunity
23
to manipulate the fracture; is that right?
THE WITNESS:
25
Q.
At the second visit, July 16, 2004,
According to the chart I did.
She wants to know if
you recall.
24
Q.
No, I don't recall.
The chart indicates something about
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
24
A.
Yes.
25
Q.
Did you make the determination that
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
91
1
2
N. ENTERPRISE, M.D.
no manipulation of this fracture was required?
3
MR. TAGLIA:
He already testified.
92
1
N. ENTERPRISE, M.D.
2
MS. GENTILE:
We have marked a
3
prescription, a photocopy of a
4
A.
I've answered it already.
4
prescription as Plaintiff's 5F.
5
Q.
The answer was yes?
5
Q.
Could you tell me what this is?
6
A.
Yes.
6
A.
It's on my prescription form.
7
Q.
Did you write any prescription for
7
Anne Jones's name has been written on it.
8
It says X-ray of the right wrist to be done
9
during the next visit.
8
Anne Jones on July 16, 2004?
9
A.
I don't recall.
10
Q.
Looking at the chart, is there
10
Q.
Signed by me.
That's your signature on this
11
anything that indicates that you wrote a
11
12
prescription for Anne Jones on July 16,
12
A.
Yes.
13
2004?
13
Q.
Who wrote out the other material,
prescription?
14
A.
For the X-rays to be done.
14
like the part that says Anne Jones, who
15
Q.
That was July 14th; right?
15
wrote that?
MR. TAGLIA:
16
A.
Me.
Another one for X-rays?
17
Q.
Everything on here is your
MR. TAGLIA:
18
16
17
Q.
18
19
A.
There is another one.
You explain it to her.
handwriting?
To return the next visit.
19
A.
Yes.
20
MS. GENTILE:
20
Q.
Did you give Anne Jones
21
(Whereupon, the aforementioned
Let's mark this one.
21
instructions as to when she should go for that
X-ray?
22
Prescription for X-rays was marked as
22
23
Plaintiff's Exhibit 5F for
23
24
identification as of this date by the
24
25
Reporter.)
25
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
A.
During the next visit, in three
week's time, she should go for another X-ray.
Q.
Other than what you already told me
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 72
93
1
N. ENTERPRISE, M.D.
94
1
N. ENTERPRISE, M.D.
2
about, did you have any other conversations
2
Q.
On that day, did you examine her?
3
with Anne Jones on July 16, 2004?
3
A.
Yes.
4
A.
I don't recall.
4
Q.
Between the second and third
5
Q.
With respect to the actual note
5
visits, that is between July 16, 2004 and
6
pages that are in front of you, Plaintiff's 5B,
6
August 4, 2004, were there any telephone
7
the handwriting at 7/16/04 at the top, that
7
conversations between Anne Jones and you
8
handwritten note, that's not you, that's the
8
or your office?
9
receptionist; right?
9
A.
I don't recall.
Q.
Was it your custom and practice to
10
A.
Yes.
10
11
Q.
Beneath that, there is a
11
Is that your handwritten
make a note of telephone conversations?
12
handwritten notation.
13
notation?
14
A.
Yes.
14
15
Q.
What does it say?
15
16
A.
It says three weeks.
16
A.
It's possible.
17
Q.
What does that mean?
17
Q.
What were the results of your
18
A.
That's to remind me when I dictate
18
12
13
19
the report when the patient is supposed to
19
20
return.
20
21
22
Q.
When was the next time you saw
21
Anne Jones?
22
A.
If she talked to me I would make a
Q.
If she talked to the receptionist,
note.
there would not be a note?
examination on August 4, 2004?
A.
I reviewed the X-ray, the fracture
healed with callous formation.
Q.
How did you determine the fracture
had healed?
23
A.
8/4/04.
23
A.
It's callous.
24
Q.
About three weeks later?
24
Q.
Is that something you can see on
25
A.
Yes.
25
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
the X-ray?
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
95
1
N. ENTERPRISE, M.D.
2
3
4
96
1
Yes.
2
Q.
What did do you for her?
Q.
Did you see callous in the X-ray
3
A.
I removed the cast.
4
Q.
What was the reason why you removed
the cast?
from July 16, 2004, the Bromer X-ray?
5
A.
No.
5
6
Q.
There was no callous?
6
7
A.
I don't recall.
7
Q.
If I show you the X-ray, could you
8
8
9
tell me if there is callous?
10
11
A.
13
9
It's difficult to say if there is
callous with the cast in place.
12
N. ENTERPRISE, M.D.
A.
Q.
10
11
You can't tell one way or the
other?
12
13
A.
Because there was enough callous
formation and the fracture was stable.
Q.
Did you give Anne Jones any
instructions?
A.
Asked her to wear a temporary wrist
splint which was applied in my office.
Q.
What was the reason for the wrist
splint?
14
A.
Correct.
14
15
Q.
Other than what you already told
15
have some discomfort because of the ligaments
A.
Soon after the cast comes off they
16
me, were there any other results from your
16
which will cause some of the pain.
17
examination of Anne Jones?
17
suddenly stretch the ligament, they will
Once you
18
A.
I don't recall.
18
experience the pain from stiff ligaments, so
19
Q.
Was she having pain?
19
wrist splint was applied for comfort.
20
A.
I don't recall.
20
21
Q.
Was there any swelling?
21
A.
22
Q.
Did you do anything else for
Anne Jones?
I would expect some swelling to be
22
23
still there even after five to six weeks which
23
24
is normal with a wrist fracture.
24
Q.
What was that for?
25
been noted.
25
A.
Following any wrist fracture and
That's not
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
A.
I referred her to the occupational
therapist.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 73
97
1
N. ENTERPRISE, M.D.
98
1
N. ENTERPRISE, M.D.
2
casting, she would have stiffness of the
2
of the patient is Anne Jones.
3
fingers and the wrist to restore the function
3
8/4/04.
4
to the wrist and the fingers.
4
occupational therapist.
5
start AROM.
6
line, modalities.
strengthening.
5
6
Q.
Did you write a prescription for
that?
7
A.
Yes.
7
8
Q.
Occupational therapy was given to
8
A.
Yes.
9
10
her.
9
11
MS. GENTILE:
We will mark that.
12
(Whereupon, the aforementioned
Date
Refer to Mrs. Jarebek, J-A-R-E-B-E-K,
Q.
Next line, please
Next line, PROM left wrist.
Next
Next line, grip
Signed by me.
You took an X-ray that day which
you already told me about; right?
10
A.
Yes.
11
Q.
What was the reason you took that
A.
To see if she is ready for
12
X-ray?
13
Prescription for occupational therapy
13
14
was marked as Plaintiff's Exhibit 5G for
14
occupational therapy or should I continue the
15
identification as of this date by the
15
cast.
16
Reporter.)
16
17
Q.
17
I'm showing you what's been marked
18
as Plaintiff's Exhibit 5G of today's date.
19
this a prescription for occupational therapy?
Is
Q.
Did you ever see Anne Jones
again after that visit?
18
A.
No.
19
Q.
Did you ever have any telephone
20
A.
Yes.
20
conversation with Anne Jones again after
21
Q.
Is that all in your handwriting?
21
that third visit on August 4, 2004?
22
A.
Yes.
22
A.
Not me.
23
Q.
Could you read it into the record,
23
Q.
Did somebody from your office have
24
25
please.
A.
24
It's on my prescription form.
Name
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
25
a conversation with her?
A.
They called the patient to remind
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
99
1
2
N. ENTERPRISE, M.D.
her to come for the follow-up.
100
1
2
N. ENTERPRISE, M.D.
A.
Seven times.
Q.
In the times you've testified, did
3
Q.
Do you have any notations?
3
4
A.
The patient cancelled stating that
4
any of those cases involve a claim of a failure
5
to properly set a fracture?
5
she was ill.
6
Q.
Who wrote that note?
6
MR. TAGLIA:
7
A.
My receptionist.
7
or any fracture?
Q.
Doctor, have you ever testified as
8
MS. GENTILE:
9
MR. TAGLIA:
8
9
an expert in a medical malpractice case?
Talking about a wrist
Any fracture.
I'm going to object.
10
A.
No.
10
If you want to know about a wrist
11
Q.
Have you ever testified in court as
11
fracture --
12
13
14
15
16
17
18
a defendant in a medical malpractice case?
MS. GENTILE:
Let's talk about a
A.
Yes.
13
wrist fracture.
Q.
Did you ever testify in a medical
14
A.
No.
15
Q.
A broader question, not with
malpractice case involving a fracture?
A.
Yes.
16
respect to any specific body part, but did any
Q.
Approximately how many times have
17
of those cases involve a failure to properly
18
set a fracture?
19
A.
Give me a minute.
20
Q.
Sure.
you testified?
19
20
12
MR. TAGLIA:
Are you talking
depositions or at trial?
21
MS. GENTILE:
At trial.
21
A.
Yes.
22
Q.
How many times have you testified?
22
Q.
How many?
23
A.
At least four times.
23
24
Q.
How about at depositions, about how
24
objection, but you can answer.
25
A.
25
many times have you testified?
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
MR. TAGLIA:
I'll reserve an
Two or three.
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 74
101
1
2
3
N. ENTERPRISE, M.D.
Q.
102
1
Do you know the names of plaintiffs
in any of those cases?
N. ENTERPRISE, M.D.
2
E X H I B I T S
3
4
A.
I don't remember.
4
5
Q.
Do you have any publications?
5
MR. TAGLIA:
6
EXHIBIT
EXHIBIT
7
NUMBER
DESCRIPTION
8
1 - 3
X-rays
6
7
8
9
It's on his CV; right?
A.
They're all research projects.
Q.
Did any of those result in
publications?
PLAINTIFF'S EXHIBITS:
PAGE
5
9
4
CV
5
10
A.
No.
10
5
Jacket
8
11
Q.
Any of your research projects
11
5A
Treatment notes
8
12
5C
Three-page medical
12
13
involve wrist fractures?
A.
No.
13
History sheets
72
14
MS. GENTILE:
Thank you, sir.
14
5D
Referral
15
(Whereupon, at 1:32 p.m., the
15
5E
X-ray report
87
Prescription for X-rays
91
16
Examination of this Witness was
16
5F
17
concluded.)
17
5G
18
18
__________________________
SCOTT ENTERPRISE, M.D.
19
76
Prescription for
Occupational therapy
97
19
20
20
21
21
Subscribed and sworn to before me
22
22
this _____ day of ________, 2007.
23
24
23
__________________________
NOTARY PUBLIC
24
25
25
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
103
1
N. ENTERPRISE, M.D.
2
C E R T I F I C A T E
3
4
5
STATE OF NEW YORK
)
: SS.:
COUNTY OF KINGS
)
6
7
8
I, PATRICIA VENDITTI, a Notary Public
9
for and within the State of New York, do hereby
10
certify:
11
That the witness whose examination is
12
hereinbefore set forth was duly sworn and that
13
such examination is a true record of the
14
testimony given by that witness.
15
I further certify that I am not related
16
to any of the parties to this action by blood
17
or by marriage and that I am in no way
18
interested in the outcome of this matter.
19
20
IN WITNESS WHEREOF, I have hereunto set
my hand this 8th day of August, 2007.
21
22
23
__________________________
PATRICIA VENDITTI
24
25
Diamond Reporting -718-624-7200- 16 Court Street, B'klyn, NY 11241
NYP Litigation Documents page 75
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
---------------x
DCM PART_~---
STIPULATION
lndexNo.
Date
~ b~ , ~ 2016
t3(~~ ·
2017
---------------x
IT IS HEREBY STIPULATED AND AGREED by and between the below-named attomey(s) as follows:
---
2017
Date:
So Ordered.
Hon. Judith McMahon
ENTER:
Justice of the Supreme Court
J.S.C.
Attorney for Defendant
QC.· toJ-40':...____l...7
_
__
__
_ 76
NYP
Litigation
Documents
page
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
-------~---------x
DCM PART
_S--=----
STIPULATION
Index No.
Date
\03 b1&
S\--z..L
\o-1
2016
/ob
2017
-----------------x
IT IS HEREBY STIPULATED AND AGREED by and between the below-named attomey(s) as follows:
2017
2017
So Ordered.
Hon. Judith McMahon
Justice oft.he Supreme Court
ENTER: _ _ _ _ _ _ _ _ _ __
Attorney for Defendant
J.S.C.
2017
NYP Litigation Documents page 77
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
--------------------------------------------------------------------X
ANNE JONES,
Plaintiff,
-against-
RESPONSE TO
DEMANDS
EXPERT ORTHPEDIC
SURGEON
Index No.: 103678/06
SCOTT ENTERPRISE and
ISLAND ORTHOPAEDIC ASSOCIATES, P.C.
Defendants.
--------------------------------------------------------------------X
COUNSEL:
PLEASE TAKE NOTICE that in response to defendants' demands for discovery
and inspection, plaintiff provides the following information as to expert who may be called
at the trial of this action:
MEDICAL EXPERT - ORTHOPEDIST
The Expert's credentials include the following: The expert is a graduate of College
of Physicians and Surgeons, Columbia University. The expert is Board Certified by the
American Board of Orthopaedic Surgery.
The expert completed residencies and
fellowships at St. Vincent’s Hospital and Medical Center, The Hospital for Special Surgery.
The expert interned at St. Lukes Hospital Center. The expert is an attending surgeon at a
leading Medical Center in New York. The expert is published in the field of orthopedics
and orthopedic surgery. The expert serves as a consulting reviewer for a leading publication
in the field.
The expert is expected to testify, within a reasonable degree of medical certainty, as
follows:
Defendant deviated from good and accepted medical practice in failing to take xrays before and after he casted plaintiff on the first day of treatment, in delaying the
follow up for for 3 weeks, in failing to maintain proper alignment of the fracture, in
failing to maintain copies of all x-rays for comparision and treatment, in failing to correct
the alignment at the second visit, in delaying the proper and necessary fixation of
NYP Litigation Documents page 78
Anne
Jones'
Margaret
Lamar’s fractured left wrist so long that the bone fragments could no longer be
manipulated or re-manipulated into a satisfactory alignment. Had treatment been timely,
Lamar would have required only fixation with pins and plaster/external fixator.
AnneMs.
Jones
As a result of the defendants malpractice Margaret
Lamar required 2 surgeries:
Anne Jones
Open reduction, internal fixation and osteotomy, and removal of the hardware. As a
result of the malpractice, Anne
Margaret
Lamar suffered malunion of the radius, deformity,
Jones
arthritis, chronic pain, chronic swelling, loss of range of motion, loss of strength,
scarring, necessity for ongoing intermittent anti-inflammatory medication with side
effects of medication, permanent partial disability.
The expert will describe Anne
Margaret
Lamar’s medical history and will describe the
Jones'
short term and long term consequences of the malpractice as set forth above.
The expert's opinion is based upon the diagnostic films and records of treatment,
the examinations before trial, the expert's physical examination of Margaret
Lamar, and the
Anne Jones
expert's knowledge of the principals of medicine and possible trial testimony and evidence.
At a physical exam on February 2, 2015, the expert found a 10% loss of range of
motion on flexion, 10% loss of range of motion on extension, pain, a weak grip, and
paresthesia in the median nerve distribution in her left hand. He will testify about these
findings at trial.
Dated:
New York, New York
March 23, 201
20 2017
2008
Laura Gentile
GENTILE & ASSOCIATES
Attorneys for Plaintiff
233 Fifth Avenue
Suite 4A
New York, New York 10016
(212) 689-6009
NYP Litigation Documents page 79
To: DWYER & TAGLIA, ESQS.
Attorneys for Defendant
111 John Street, Suite 620
New York, NY 10038
Tel: (212) 227-6000
NYP Litigation Documents page 80
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
--------------------------------------------------------------------X
ANNE JONES,
Plaintiff,
VERIFIED
SUPPLEMENTAL
BILL OF PARTICULARS
-againstSCOTT ENTERPRISE AND
ISLAND ORTHOPEDIC ASSOCIATES, P.C.
Index No.: 103678/06
Defendants.
--------------------------------------------------------------------X
Plaintiff, ANNE JONES, by her attorneys GENTILE & ASSOCIATES, responding to the
demands of defendant SCOTT ENTERPRISE and ISLAND ORTHOPEDIC ASSOCIATES, P.C. ,
for a Supplementary Bill of Particulars as to allegations of departures from good and accepted
medical practice, states, upon information and belief, as follows:
1. This Supplemental Bill of Particulars is provided in response to a request for additional
allegations of Malpractice. Pursuant to Dellaglio v. Paul, 250 A.D.2d 806, 673 N.Y.S.2d 212
(2nd Dept. 1998) and Patterson v. Jewish Hosp. & Med. Center of Brooklyn, 94 Misc.2d 680,
405 N.Y.S.2d 194, affd. 65 A.D.2d 553, 409 N.Y.S.2d 124 (2nd Dept. 1978), plaintiff has no
obligation to respond to a demand for specific departures, symptoms, medications, tests,
incorrect diagnosis, improper treatment, lists of tests, a statement of the standard of care is
beyond the scope of a Bill of Particulars. “…[T]here is no need for the plaintiffs to set forth
the manner in which the physician failed to act in accordance with good and accepted
medical practice since a physician is chargeable with knowing those medically accepted
standards applicable to the proper care and treatment of the plaintiff (see, Patterson v. Jewish
Hosp. & Med. Center of Brooklyn, 94 Misc.2d 680, 405 N.Y.S.2d 194, affd. 65 A.D.2d 553, 409
N.Y.S.2d 124). Further, the request for specific departures in a bill of particulars is
NYP Litigation Documents page 81
evidentiary (see, Patterson v. Jewish Hosp. & Med. Center of Brooklyn, supra).” Without waiving
that objection, plaintiff states that defendant departed from the standard of care in failing to
take an x-ray of plaintiff’s wrist on his first date of treatment of Anne Jones both before he
manipulated the fracture and applied the cast, and after he applied the cast; in failing to direct
Anne Jones to return to his office for evaluation and further treatment within one week and
within two weeks of the first treatment and casting; in failing to anticipate that the swelling in
Anne Jones’s wrist would change within the first two weeks after casting and she would require
follow up care within the first two weeks after casting; in failing to anticipate the possibility of
change in the position and alignment of the fracture and the failure to make a proper treatment
plan accordingly; in failing to anticipate the possibility of change in swelling causing a change in
the position and alignment of the fracture and the failure to make a proper treatment plan
accordingly even though defendant, by his own testimony, split the cast halfway – for a length
of 5 to 6 inches; by diagnosing Anne Jones’s fracture as “a stable fracture impacted” on his first
date of examination and treatment (as testified in his deposition); by his own testimony, Anne
Jones should “certainly”, as required by the standard of care, have been instructed to come back
to defendant’s office within one week of the first date of treatment to check on the alignment if
the fracture were not impacted and, in fact, the fracture was not impacted as shown in the St.
Vincent’s x-ray – the only x-ray defendant used for treatment of plaintiff on the first date of
examination and treatment; in allowing and causing the fracture to change from good
alignment to bad alignment; in allowing and causing the fracture to change to impacted with
severe angulation and significant over-riding and shortening; in causing and allowing the
fracture to heal impacted with significant/severe angulation, over-riding and shortening; in
failing to recognize and respond to the significant change in alignment and position of the
fracture from the first date of examination and treatment to the second date of examination and
NYP Litigation Documents page 82
treatment; in allowing and causing the fracture to change from good alignment to bad
alignment and causing a malunion of the fracture by allowing the cast to become loose without
replacement; in allowing and causing the fracture to change from good alignment to bad
alignment in failing to properly stabilize and affix the fracture with proper casting or with
internal or external fixation; in failing to take and maintain x-rays for reference and referral for
ongoing treatment of Anne Jones; in evaluating, on the second date of examination and
treatment on July 16, 2004, the alignment of the fracture as “satisfactory” when the alignment
was bad, and malunion was impending without immediate intervention, and was described by
Bromer Medical Imaging Board Certified Radiologist Robert Scott Schepp, M.D. as being
“slightly overriding and impacted, with radiocarpal joint space narrowing noted”; in failing to
read and properly respond to the x-ray report of Board Certified Radiologist Robert Scott
Schepp, M.D.; in failing to correlate the Bromer Medical Imaging x-ray with pre-casting x-rays
as recommended by the Radiologist Board Certified Radiologist Robert Scott Schepp, M.D.; in
failing to take all proper and necessary steps on July 16, 2004 to correct and improve the
alignment of the fracture and to prevent malunion of the fracture with immediate intervention
and treatment; in failing to warn and advise Anne Jones on July 16, 2004, that the alignment of
the fracture was now poor and required treatment to prevent malunion and permanent injury;
in failing to take an x-ray of the fracture after the cast replacement on July 16, 2004; in failing to
warn and advise Anne Jones on August 4, 2004 that the alignment of the fracture was now poor
and required surgical treatment to cure the malunion caused by defendant’s malpractice; in
misleading Anne Jones about the nature and cause of her condition when defendant examined
and treated her on July 16, 2004 and on August 4, 2004; in failing to advise Anne Jones that she
had a malunion on August 4, 2004; in failing to respond to Anne Jones’s complaints of pain and
dysfunction on July 16, 2004 and August 4, 2004; in failing to maintain proper and careful
NYP Litigation Documents page 83
records of Anne Jones’s complaints of pain and dysfunction of the wrist; in failing to maintain
proper and careful records of the change in alignment of the fracture of the wrist; in failing to
maintain proper and careful records of comparisons of x-rays of the fracture of the wrist; in
failing to maintain proper and careful records of the deformity of the wrist; in writing a
prescription on August 4, 2004 for physical therapy for the wrong wrist; in allowing ,
instructing, and facilitating the writing of an x-ray prescription by defendant’s secretary who was
not licensed to practice medicine; by incorrectly concluding the bone was impacted on his first
examination and treatment of Anne Jones.
2. The prior allegations of medical malpractice in the original Bill of Particulars include failing to
properly and adequately manipulate and align a fractured distal right radius; in failing to monitor
and examine the manipulation and alignment of the fractured distal right radius with necessary
and proper frequency; in failing to detect, observe, recognize and respond to the misalignment
of the distal right radius, in failing to prevent the misalignment of the distal right radius; in
failing to timely and properly repair the misalignment of the distal right radius; in failing to
detect, observe, recognize and respond to the malunion of the distal right radius; in failing to
prevent the malunion of the distal right radius; in failing to timely and properly repair the
malunion of the distal right radius; in failing to heed plaintiff’s condition; in failing to perform
indicated procedures; in improperly performing indicated procedures; in failing to take a history
and physical examination of plaintiff; in failing to take a proper history and physical
examination of plaintiff; in failing to perform indicated treatments; in improperly performing
indicated treatments; in failing to properly diagnose the condition of plaintiff; in negligently
departing from office practice and procedures in services rendered to plaintiff; in failing to heed
or appreciate the significance of the signs and symptoms exhibited by plaintiff; in failing to
NYP Litigation Documents page 84
timely refer plaintiff to specialists; in failing to properly treat plaintiff's condition.
3. Plaintiff’s injuries include are the following:
- Permanent malunion of the distal right radius;
- Shortened, radially deviated ulnar positive distal radius fracture;
- Subluxation with deformity of the distal ulna;
- Triangular fibrocartilage tear of the right wrist;
- Incompetence of the sigmoid notch and total eburnation of the articular surface of the
distal ulna;
- Constriction and inflammation of the median nerve consistent with chronic median
neuropathy;
- Radiocarpal joint space narrowing;
- Permanent chronic pain and suffering;
- Permanent chronic loss of range of motion;
- Permanent chronic loss of strength;
- Arthritis and exacerbation of arthritis;
- Scarring;
- Necessity for ongoing physical therapy;
- Chronic swelling;
- Permanent partial disability.
On September 14, 2004, plaintiff underwent the following operative procedures at St. Luke’sRoosevelt Hospital to correct the malunion of the distal right radius:
- Right distal radioulnar joint hemiresection arthroplasty;
- Secondary repair of the triangular fibrocartilage complex;
- Extensor carpi ulnaris tenoesis stabilization distal radioulnar joint;
- Decompression neurolysis epineurolysis of the median nerve at the carpal tunnel;
NYP Litigation Documents page 85
- Sutures;
- Right wrist placed in a cast for six weeks; then splinted;
Dated: New York, New York
October 23, 2007
________________________
LAURA GENTILE
Attorney for Plaintiff
ANNE JONES
Gentile & Associates
233 Fifth Avenue
New York, New York 10016
(212) 689-6009
To: DWYER & TAGLIA, ESQS.
Attorneys for Defendant
111 John Street, Suite 620
New York, NY 10038
Tel: (212) 227-6000
6
NYP Litigation Documents page 86
Laura Gentile, an attorney duly admitted to practice law in the State of New York
affirms the truth of the following:
I am an attorney for the plaintiff in the action within; I have read the foregoing
SUPPLEMENTAL BILL OF PARTICULARS and knows its contents; the same is true to my
knowledge except as to the matters therein stated to be alleged upon information and belief,
and as to those matters I believe it to be true and the reason that this verification is not made by
plaintiffs and is made me is that plaintiffs are not presently on the county where the attorneys
for the plaintiffs have their office.
The source of my information and the grounds of my belief as to all matters not stated
upon my knowledge are from investigations made on behalf of the plaintiffs.
Dated: New York, New York
October 23, 2007
______________________
LAURA GENTILE
7
NYP Litigation Documents page 87
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
---------------------,-------X
CERTIFICATION
ORDER
Plaintiff( s },
-against-
Defendant(s).
-----------------------------·-------~-x
Preliminary proceedings in the within captioned action having
been completed, the action is ready for trial and pfaintiff may serve and. file
a Note of Issue and Certificate of Readiness.
(~eee that ....
,.
dith McMahon
Ron .. Ju f the Supreme Court
Justice o
J.S.C.
DATED:
NYP Litigation Documents page 88
NOTE OF ISSUE
Index No. 103678/06
________________________________
Calendar # (if any)
_________________________
Reserved for Clerk’s use:
Hon. Judith McMahon
Name of Judge assigned
NOTICE FOR TRIAL
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
---------------------------------------------------------------------------X Trial by jury demanded of all issues
ANNE JONES,
Filed by attorney for plaintiff.
Plaintiff,
Date summons served:
December 11, 2006
- against NADUBEETHI JAYARAM AND
RICHMOND ORTHOPAEDIC ASSOCIATES, P.C.
Defendants.
-------------------------------------------------------------------------X
Date service completed:
December 14, 2006
Date issue joined:
December 28, 2006
NATURE OF ACTION OR SPECIAL PROCEEDING
Tort: Medical Malpractice
Amount demanded: Greater than jurisdictional limits of all lower Courts
Other relief: NONE
Insurance Carrier: Unknown
Special Preference is not claimed.
Names, addresses and telephone numbers of counsel for all parties:
GENTILE & ASSOCIATES
Attorneys for Plaintiff
233 Fifth Avenue, Suite 4A
New York, New York 10016
Tel No.: (212) 689-6009
Fax No.: (212) 213-1093
DWYER & TAGLIA
Attorneys for Defendants
111 John Street, Suite 620
New York, New York 10038
Tel No.: (212) 227-6000
Fax No.: (212) 227-6050
NYP Litigation Documents page 89
CERTIFICATE OF READINESS FOR TRIAL
**************************
N.I. served on
_________________________
Reserved for Clerk’s use
**************************
Completed
Waived
Not Required
1. All pleadings served
X
______
2. Bills of Particulars served
X
______
3. Physical examinations
X
______
4. Medical reports exchanged
X
______
5. Appraisal reports exchanged
X
6. Compliance with rules in
matrimonial actions
7. Discovery proceedings now
known to be necessary
X
______
X
8. There are no outstanding requests for discovery.
9. There has been a reasonable opportunity to complete the foregoing proceedings.
10. There has been compliance with any order issued pursuant to the Precalendar Rules (22 NYCRR 202.12).
11. If a medical malpractice action, there has been compliance with any order issued pursuant to 22 NYCRR
202.56.
12. The case is ready for trial.
Dated: New York, New York
November 26, 2017
_________________________
LAURA GENTILE
GENTILE & ASSOCIATES
Attorneys for Plaintiff
401 Park Avenue South,
10th Floor New York, New
York 10016
NYP Litigation Documents page 90