No Value: BURG, DEBORAH A vs. WEST FLORIDA PHYSICIANS NETWORK, LLC

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                                Filing # 114366035 E-Filed 10/02/2020 04:16:42 PM


        95412-15
                           IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
                                    IN AND FOR CHARLOTTE COUNTY, FLORIDA

             DEBORAH COOPER BURG, by and                         CIRCUIT CIVIL DIVISION
             through her court-appointed guardian,
             RICKY BURG; NICOLE BURG, her                        CASE NO. 20-000616 CA
             daughter and RICKY BURG, her
             spouse,

                   Plaintiffs,

             Vv.


             WEST FLORIDA PHYSICIAN
             NETWORK, LLC; DILENDRA
             WEERASINGHE; JOHN RIOUX;
             FAWCETT MEMORIAL HOSPITAL,
             INC. d/b/a FAWCETT MEMORIAL
             HOSPITAL; ABIGAIL UTECH;
             NANDINI KIRI, M.D., P.A.;
             NANDINIKIRI; HARBOR MEDICAL
             GROUP, LLC; AHSAN KAMAL,
             SOVI JOSEPH, M.D., P.A.; SOVI
             JOSEPH DOMINGO E. GALLIANO,
             JR., P.A.; DOMINGO GALLIANO,
             JR.; PUNTA GORDA MEDICAL
             INVESTORS, LLC d/b/a LIFE CARE
             CENTER OF PUNTA GORDA; LIFE
             CARE PHYSICIAN SERVICES, LLC
             and VANCE MALONEY, III,

                   Defendants.

                                                  /

                                       RESPONSE       TO REQUEST TO PRODUCE

                       Defendant, Ahsan Kamal, M.D., by and through the undersigned attorneys, and pursuant

        to the applicable Fla. R. Civ. P., responds to Plaintiff's Request to Produce served with the

        Complaint as follows:

         1             All statements, bills, and other evidence of expenses incurred by Plaintiff, DEBORAH
        COOPER BURG, for services provided for all dates of service.
CASE NO. 20-000616 CA


RESPONSE:         See billing records produced in presuit in this matter.

2.       A legible copy of your entire medical chart on Plaintiff DEBORAH COOPER BURG for
all dates of service, including but not limited to all doctors' records, radiology studies, diagnostic
studies, radiology reports, consultation or other medical reports, laboratory reports, radiology
reports, nurses' notes, memoranda, and written or electronic correspondence.

RESPONSE:         None other than what was previously produced in presuit.

3       If any other written document or report concerning Plaintiff DEBORAH COOPER BURG
is believed to exist, but is not in your possession or control, please describe the document or report
and provide the present location and custodian of the same.

RESPONSE: See records involving Dr. Kamal’s care for Mrs. Burg contained in the medical
chart maintained by Fawcett Memorial Hospital.

4       Any and all contracts and agreements between you and any other individual or entity,
including   but   not   limited   to,   Defendant   HARBOR   MEDICAL   GROUP,     LLC     and   Fawcett
Memorial Hospital, Inc. d/b/a Fawcett Memorial Hospital including employment contracts,
provider contracts and/or staffing contracts billing contracts, and compensation contracts which
related to medical services provided to Plaintiff DEBORAH COOPER BURG.

RESPONSE: None.

5       Personnel file including all evaluations, discipline, references, job descriptions, human
resources action(s) taken, and all matters within the personnel file concerning Defendant AHSAN
KAMAL.

RESPONSE: Objection; immaterial, irrelevant, not reasonably               calculated    to lead to the
discovery of admissible evidence, unduly burdensome.

6.       A copy of any and all statements taken of the Plaintiffs herein, by you, your agents,
servants, insurance representatives, or attorneys.

RESPONSE: None other than the transcript from the unsworn statement of Ricky Burg
taken April 28, 2020.

7.      Copy of any and all records relating to any adverse medical incident concerning the care
and treatment rendered to Plaintiff DEBORAH COOPER BURG.

RESPONSE: None.
CASE NO. 20-000616 CA


8    Copies of any and all records relating to any adverse medical incidents involving Defendant
AHSAN KAMAL alleging same or similar facts relating to the same or similar subject matter as
this lawsuit within the last five (5) years, redacting identifying information of any patients other
than Plaintiff DEBORAH COOPER BURG, from the records provided.

RESPONSE: None.

9       A complete copy of your Medical Malpractice Insurance policy and excess medical
malpractice insurance policy(ies) including, but not limited to, coverage information, specifically,
a copy of the malpractice insurance policy, which provides coverage for the subject claim.

RESPONSE:        See declarations pages previously produced in presuit.

10.  Any and all evidence of communications, written or otherwise, between you and Plaintiff
DEBORAH COOPER BURG'S other treating health care providers in regard to her care and
treatment.


RESPONSE:        None other than what is contained in the medical records.

11.      All audit   logs showing   all individuals   who   accessed Plaintiff DEBORAH    COOPER
BURG'S       electronic medical record including names, access numbers, portions of the chart
accessed, and what actions were taken and at what times, all with specificity.

RESPONSE: None. Dr. Kamal only maintains billing records in his possession.

12.     All audit trails showing all individuals who accessed Plaintiff DEBORAH COOPER
BURG'S electronic medical record including names, access numbers, portions of the chart
accessed, and what actions were taken and at what times, all with specificity.

RESPONSE: None. Dr. Kamal only maintains billing records in his possession.

13.   Private health information (PHI) disclosure log concerning Plaintiff DEBORAH           COOPER
BURG'S medical records.

RESPONSE: None.

14.     All metadata concerning Plaintiff DEBORAH COOPER BURG'S electronic medical
including, but not limited to, all addendums, revision histories, corrections, deletions and patient
amendments, reasons for changes, date and time stamps, tracking changes and modifications.

RESPONSE: None. Dr. Kamal only maintains billing records in his possession.
CASE NO. 20-000616 CA


15.     An index of your office policies and procedures in effect at the time you rendered care and
treatment to Plaintiff DEBORAH COOPER BURG, at as well as any policies and procedures
regarding care and treatment of a bariatric patient, including but not limited to follow up of a post-
bariatric surgery patient and potential complications.

RESPONSE: None.

16.    A copy of the manual and/or complete policies and procedures in regard to the care and
treatment of bariatric patients at Fawcett Memorial Hospital in compliance with the Metabolic and
Bariatric Surgery Accreditation and Quality Improvement Program.

RESPONSE: None.

17.    A copy of your Curriculum Vita.

RESPONSE:      See CV previously produced in presuit.

       WE HEREBY     CERTIFY that a copy hereof has been electronically served via Florida
ePortal    to:    Edward      R.   Blumberg,      Esquire,     erb@deutschblumberg.com,
ccaballero@deutschblumberg.com,                         bblumberg@deutschblumberg.com,
rmitschel@deutschblumberg.com,       hcastillo@deutschblumberg.com;       John M.   Stewart, Esquire,
jstewart@rosswayswan.com, mswan@rosswayswan.com, cdelo@rosswayswan.com; Richard K.
Bowers,   Jr,   Esquire, service-rbowers@bankerlopez.com; Jay Chimpoulis,  Esquire,
JCHimpoulis@ChimpoulisHunter.com, SRiedhammer@ChimpoulisHunter.com,; Victoria N.
Ferrentino, Esquire, VFerrentino@BGRPlaw.com, NDavy@BGRPlaw.com; Richard B. Mangan,
Jr., Esquire,    Richard.Mangan@Rissman.com,  Stephanie.Doyle@Rissman.com; Ralph L.
Marchbank, Jr., Esq., RMarchbank@DGlawyers.com; on this 2™ day of October, 2020.

                                               /s/ Douglas B. Lumpkin
                                               Douglas B. Lumpkin, Esquire
                                               Florida Bar No. 860700
                                               Summer E. Harcup, Esquire
                                               Florida Bar No. 118787
                                               WICKER SMITH O'HARA MCCOY & FORD, P.A.
                                               Attorneys for Ahsan Kamal, M.D. Harbor Medical
                                               Group, LLC
                                               1819 Main St., Suite 910
                                               Sarasota, FL 34236
                                               Phone: (941) 366-4200
                                               Fax: (941) 366-4227
                                               SARcrtpleadings@wickersmith.com