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Filing # 106400911 E-Filed 04/17/2020 03:23:13 PM
IN THE CIRCUIT COURT OF THE
19™ JUDICIAL CIRCUIT IN AND FOR
MARTIN COUNTY, FLORIDA
CASE NO.: 2019CA000015
FREDERIC CHARLES GREER, III
and MELISSA ANNE GREER, as
Husband and Wife, and FREDERIC
CHARLES GREER, Il and
MELISSA ANNE GREER,
individually,
Plaintiffs,
vs.
MARTIN MEMORIAL MEDICAL
CENTER, INC., D/B/A MARTIN
MEDICAL CENTER, a Florida
Corporation, KUNAL CHAUDHRY,
MD, and CARDIOLOGY
ASSOCIATES OF STUART, P.A., a
Florida Profit Corporation,
Defendants.
/
PLAINTIFFS’ THIRD REQUEST FOR PRODUCTION TO DEFENDANT, MARTIN
MEMORIAL MEDICAL CENTER, INC., D/B/A MARTIN MEDICAL CENTER
The Plaintiffs, FREDERIC CHARLES GREER, III and MELISSA ANNE GREER, as
Husband and Wife, and FREDERIC CHARLES GREER, II] and MELISSA ANNE GREER,
individually, by and through their undersigned counsel, and hereby propounds this their Third
Request for Production to Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC.,
D/B/A MARTIN MEDICAL CENTER. The Defendant is to respond to said Third Request for
Production on or before thirty (30) days of receipt of service.
DEFINITIONS AND INSTRUCTIONS
1 The term "meta-data" means: information embedded in a Native File that is not
ordinarily viewable or printable from the application that generated, edited, or modified such
Electronically Filed Martin 04/17/2020 03:23 PM
CASE NO.: 2019CA000015
Native File; and information generated automatically by the operation of a computer or other
information technology system when a Native File is created, modified, transmitted, deleted or
otherwise manipulated by a user of such system. Meta-Data is a subset of electronically stored
information (“ESI”).
2. The term "Native File(s)" means electronically stored information ("ESI”) in the
electronic format of the application, in which such ESI is normally created, viewed and/or
modified. Native Files are a subset of ESI.
3 The term “Electronic Health Record” (“EHR”). “EHR” refers to electronic
information systems and/or computerized devices containing electronic records of patient data
captured in any care delivery setting within [Hospital] and is often referred to as an Electronic
Medical Record. Records include, but are not limited, to patient demographics, histories and
physicals, progress notes, clinician orders, lab tests, diagnostic imagines, graphical data such as
EKG tracings, physiological data such as blood pressure, pulse, respiratory rate and temperature,
automated decision support-generated alerts and reminders, and any other data.
4 The term “Database” means a data structure that stores organized information.
Most databases contain multiple tables, which may each include several different fields. For
example, an electronic health record database may include tables for patients, diagnosis, access
and compliance records.
DOCUMENTS TO BE PRODUCED
1 Produce the audit trail for all individuals who accessed the electronic medical
records including PACS records of Frederick Greer from 9/1/17 to present at Martin Medical
Center.
2 Produce the report generated by schess at 9:50 for study ID#19511, from the audit
trail marked as Plaintiff's #2 to David Walkonen deposition dated 7/15/19.
3 Produce the report generated by schess at 10:22 for study ID#191515, from the
audit trail marked as Plaintiff's #2 to David Walkonen deposition dated 7/15/19.
4 Produce the report generated by sgojraty at 12:12 for study ID#191515, from the
audit trail marked as Plaintiff's #2 to David Walkonen deposition dated 7/15/19.
5 Produce the report generated by sgojraty at 12:56 for study ID#191515, from the
audit trail marked as Plaintiff's #2 to David Walkonen deposition dated 7/15/19.
6 Produce all preliminary studies or wet reads for study ID#19414, 191511, 191515,
and 191600 as outlined in Plaintiffs Exhibit #1 to David Walkonen deposition dated 7/15/19.
CASE NO.: 2019CA000015
iq Produce legible evidence or screen shots of all edits, modifications deletions,
additions or any other changes for the electronic medical records and PACS records of Frederick
Greer for study ID# 19414, 191511, 191515, and 191600 as outlined in Plaintiffs Exhibit #1 to
David Walkonen deposition dated 7/15/19.
8 Produce all studies and audit trails for study ID#191494 contained in the PACS
system and electronic medical record for Frederick Greer as outlined in Plaintiffs Exhibit #1 to
David Walkonen deposition dated 7/15/19.
9 Produce an audit trail for the electronic medical records in Epic or any other
system and PACS records for Frederick Greer from 9/1/17 to present that is in compliance with
45 CER Section 170.210, including any modification, deletion, additions, and who accessed the
electronic record and what was done during the access period.
10. Produce ail metadata embedded in the native file for Frederick Greer for the
electronic medical records in Epic or any other system and PACS records at Martin Medical
Center from 9/1/17 to present.
11. Produce all access logs for the electronic medical records in Epic or any other
system and PACS for Frederick Greer at Martin Medical Center from 9/1/17 to present.
12. Produce all access phone notes for the electronic medical records in Epic or any
other system and PACS for Frederick Greer at Martin Medical Center from 9/1/17 to present.
3s Produce Hospital Access log, security check-in and check-out for Frederick
Greer, III, Melissa Greer, Kunal Chaudhry, MD, and Fred Crouch, MD for the main hospital and
the Cardiac Cath Lab or any other security check points in the hospital at Martin Medical Center
on 9/1/17.
14. Produce the signed clinical notes for Kunal Chaudhry, MD listed in the Access
Log Report by Patient marked as Plaintiffs #1 in the deposition of Stephani Grace on 7/15/17:
a. Sign clinical note 9/1/2017 11:07:03AM.
b Sign clinical note 9/1/2017 11:12:04AM
Ss Produce all signed clinical notes contained in the Access Log Report by Patient
marked as Plaintiffs #1 in the deposition of Stephani Grace on 7/15/17 for Kunal Chaudhry, MD
starting at 9/1/17 4:29 am to 10/10/18 5:24 pm.
CASE NO.: 2019CA000015
16. Produce the Chain of command for nurses in 2017.
17 Produce the On call schedule for Interventional Cardiology for 9/1/17.
18 Produce the On call schedule for the Cardiac Cath Lab for 9/1/17.
19 Produce the On call schedule for Cardiothoracic Surgery for 9/1/17.
20 Produce the Surgical Procedures Schedule for 9/1/17.
21 Produce the Cardiac Cath lab Procedures Schedule for 9/1/17.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via
electronic mail on this Ine day of Q.0¢ , 2020 to: SEE ATTACHED SERVICE LIST.
Somera & Silva, LLP
One Boca Place
2255 Glades Road, Suite 232W
Boca Raton, FL 33431
Phone: (561) 981-8881
Fax: (561) 981-8887
Primary Email: pleadings @somerasilva.com
Secondary Email: ition somerasilva.com
Attorneys for Pints
By.
J. SOMERA JR., ESQ.
: 0054267
UL M. SILVA, M.D., ESQ.
FBN: 0319820
CASE NO . 2019CA000015
SERVICE LIST
Thomas G. Aubin, Esq.
Stearns Weaver Mille Weissler Alhadeff & Sitterson, P.A.
200 East Las Olas Boulevard, Suite 2100
Fort Lauderdale, FL 33301
Primary Email: taubin@stearnsweaver.com
mpodolnick@stearnsweaver.com
Secondary Email: nrodrigues@stearnsweaver.com
mopetruki @stearnsweaver.com
knetto! stearnsweaver.com
(Counsels for Defendant, Martin Memorial Medical Center, Inc.
@/b/a Martin Memorial Medical Center)
Keith J. Puya, Esq.
Hector R. Buigas, Esq.
Law Offices of Keith J. Puya, P.A.
4880 Donald Ross Road, Suite 225
Palm Beach Gardens, FL 33418
Primary Email: eservice@puyalaw.com
Secondary Email: kpuya@puyalaw.com
(Counsels for Defendants, Kunal Chaudhry, M.D. and Cardiology
Associates of Stuart, P.A.)
Dinah Stein, Esq.
Hicks, Porter, Ebenfeld & Stein, PA
799 Brickell Plaza, 9" Floor
Miami, FL 33131
Primary Emails: dstein@mhickslaw.com
akozub@mhickslaw.con
Secondary Email: eclerk@mhickslaw.com,
(Counsel for Defendants, Kunal Chaudhry, M.D. and Cardiology
Associates of Stuart, P.A.)
Adam J. Richardson, Esq.
Burlington & Rockenbach, P.A.
Courthouse Commons/Suite 350
444 West Railroad Avenue
West Palm Beach, FL 33401
Primary Email: ajr@FLAppellateLaw.com
Secondary Email: fa@FLAppellateLaw.com
(Appellate Counsel for Plaintiffs)
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Filing # 106400911 E-Filed 04/17/2020 03:23:13 PM IN THE CIRCUIT COURT OF THE 19™ JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA CASE NO.: 2019CA000015 FREDERIC CHARLES GREER, III and MELISSA ANNE GREER, as Husband and Wife, and FREDERIC CHARLES GREER, Il and MELISSA ANNE GREER, individually, Plaintiffs, vs. MARTIN MEMORIAL MEDICAL CENTER, INC., D/B/A MARTIN MEDICAL CENTER, a Florida Corporation, KUNAL CHAUDHRY, MD, and CARDIOLOGY ASSOCIATES OF STUART, P.A., a Florida Profit Corporation, Defendants. / PLAINTIFFS’ THIRD REQUEST FOR PRODUCTION TO DEFENDANT, MARTIN MEMORIAL MEDICAL CENTER, INC., D/B/A MARTIN MEDICAL CENTER The Plaintiffs, FREDERIC CHARLES GREER, III and MELISSA ANNE GREER, as Husband and Wife, and FREDERIC CHARLES GREER, II] and MELISSA ANNE GREER, individually, by and through their undersigned counsel, and hereby propounds this their Third Request for Production to Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC., D/B/A MARTIN MEDICAL CENTER. The Defendant is to respond to said Third Request for Production on or before thirty (30) days of receipt of service. DEFINITIONS AND INSTRUCTIONS 1 The term "meta-data" means: information embedded in a Native File that is not ordinarily viewable or printable from the application that generated, edited, or modified such Electronically Filed Martin 04/17/2020 03:23 PM CASE NO.: 2019CA000015 Native File; and information generated automatically by the operation of a computer or other information technology system when a Native File is created, modified, transmitted, deleted or otherwise manipulated by a user of such system. Meta-Data is a subset of electronically stored information (“ESI”). 2. The term "Native File(s)" means electronically stored information ("ESI”) in the electronic format of the application, in which such ESI is normally created, viewed and/or modified. Native Files are a subset of ESI. 3 The term “Electronic Health Record” (“EHR”). “EHR” refers to electronic information systems and/or computerized devices containing electronic records of patient data captured in any care delivery setting within [Hospital] and is often referred to as an Electronic Medical Record. Records include, but are not limited, to patient demographics, histories and physicals, progress notes, clinician orders, lab tests, diagnostic imagines, graphical data such as EKG tracings, physiological data such as blood pressure, pulse, respiratory rate and temperature, automated decision support-generated alerts and reminders, and any other data. 4 The term “Database” means a data structure that stores organized information. Most databases contain multiple tables, which may each include several different fields. For example, an electronic health record database may include tables for patients, diagnosis, access and compliance records. DOCUMENTS TO BE PRODUCED 1 Produce the audit trail for all individuals who accessed the electronic medical records including PACS records of Frederick Greer from 9/1/17 to present at Martin Medical Center. 2 Produce the report generated by schess at 9:50 for study ID#19511, from the audit trail marked as Plaintiff's #2 to David Walkonen deposition dated 7/15/19. 3 Produce the report generated by schess at 10:22 for study ID#191515, from the audit trail marked as Plaintiff's #2 to David Walkonen deposition dated 7/15/19. 4 Produce the report generated by sgojraty at 12:12 for study ID#191515, from the audit trail marked as Plaintiff's #2 to David Walkonen deposition dated 7/15/19. 5 Produce the report generated by sgojraty at 12:56 for study ID#191515, from the audit trail marked as Plaintiff's #2 to David Walkonen deposition dated 7/15/19. 6 Produce all preliminary studies or wet reads for study ID#19414, 191511, 191515, and 191600 as outlined in Plaintiffs Exhibit #1 to David Walkonen deposition dated 7/15/19. CASE NO.: 2019CA000015 iq Produce legible evidence or screen shots of all edits, modifications deletions, additions or any other changes for the electronic medical records and PACS records of Frederick Greer for study ID# 19414, 191511, 191515, and 191600 as outlined in Plaintiffs Exhibit #1 to David Walkonen deposition dated 7/15/19. 8 Produce all studies and audit trails for study ID#191494 contained in the PACS system and electronic medical record for Frederick Greer as outlined in Plaintiffs Exhibit #1 to David Walkonen deposition dated 7/15/19. 9 Produce an audit trail for the electronic medical records in Epic or any other system and PACS records for Frederick Greer from 9/1/17 to present that is in compliance with 45 CER Section 170.210, including any modification, deletion, additions, and who accessed the electronic record and what was done during the access period. 10. Produce ail metadata embedded in the native file for Frederick Greer for the electronic medical records in Epic or any other system and PACS records at Martin Medical Center from 9/1/17 to present. 11. Produce all access logs for the electronic medical records in Epic or any other system and PACS for Frederick Greer at Martin Medical Center from 9/1/17 to present. 12. Produce all access phone notes for the electronic medical records in Epic or any other system and PACS for Frederick Greer at Martin Medical Center from 9/1/17 to present. 3s Produce Hospital Access log, security check-in and check-out for Frederick Greer, III, Melissa Greer, Kunal Chaudhry, MD, and Fred Crouch, MD for the main hospital and the Cardiac Cath Lab or any other security check points in the hospital at Martin Medical Center on 9/1/17. 14. Produce the signed clinical notes for Kunal Chaudhry, MD listed in the Access Log Report by Patient marked as Plaintiffs #1 in the deposition of Stephani Grace on 7/15/17: a. Sign clinical note 9/1/2017 11:07:03AM. b Sign clinical note 9/1/2017 11:12:04AM Ss Produce all signed clinical notes contained in the Access Log Report by Patient marked as Plaintiffs #1 in the deposition of Stephani Grace on 7/15/17 for Kunal Chaudhry, MD starting at 9/1/17 4:29 am to 10/10/18 5:24 pm. CASE NO.: 2019CA000015 16. Produce the Chain of command for nurses in 2017. 17 Produce the On call schedule for Interventional Cardiology for 9/1/17. 18 Produce the On call schedule for the Cardiac Cath Lab for 9/1/17. 19 Produce the On call schedule for Cardiothoracic Surgery for 9/1/17. 20 Produce the Surgical Procedures Schedule for 9/1/17. 21 Produce the Cardiac Cath lab Procedures Schedule for 9/1/17. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic mail on this Ine day of Q.0¢ , 2020 to: SEE ATTACHED SERVICE LIST. Somera & Silva, LLP One Boca Place 2255 Glades Road, Suite 232W Boca Raton, FL 33431 Phone: (561) 981-8881 Fax: (561) 981-8887 Primary Email: pleadings @somerasilva.com Secondary Email: ition somerasilva.com Attorneys for Pints By. J. SOMERA JR., ESQ. : 0054267 UL M. SILVA, M.D., ESQ. FBN: 0319820 CASE NO . 2019CA000015 SERVICE LIST Thomas G. Aubin, Esq. Stearns Weaver Mille Weissler Alhadeff & Sitterson, P.A. 200 East Las Olas Boulevard, Suite 2100 Fort Lauderdale, FL 33301 Primary Email: taubin@stearnsweaver.com mpodolnick@stearnsweaver.com Secondary Email: nrodrigues@stearnsweaver.com mopetruki @stearnsweaver.com knetto! stearnsweaver.com (Counsels for Defendant, Martin Memorial Medical Center, Inc. @/b/a Martin Memorial Medical Center) Keith J. Puya, Esq. Hector R. Buigas, Esq. Law Offices of Keith J. Puya, P.A. 4880 Donald Ross Road, Suite 225 Palm Beach Gardens, FL 33418 Primary Email: eservice@puyalaw.com Secondary Email: kpuya@puyalaw.com (Counsels for Defendants, Kunal Chaudhry, M.D. and Cardiology Associates of Stuart, P.A.) Dinah Stein, Esq. Hicks, Porter, Ebenfeld & Stein, PA 799 Brickell Plaza, 9" Floor Miami, FL 33131 Primary Emails: dstein@mhickslaw.com akozub@mhickslaw.con Secondary Email: eclerk@mhickslaw.com, (Counsel for Defendants, Kunal Chaudhry, M.D. and Cardiology Associates of Stuart, P.A.) Adam J. Richardson, Esq. Burlington & Rockenbach, P.A. Courthouse Commons/Suite 350 444 West Railroad Avenue West Palm Beach, FL 33401 Primary Email: ajr@FLAppellateLaw.com Secondary Email: fa@FLAppellateLaw.com (Appellate Counsel for Plaintiffs)