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

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                Filing # 114067596 E-Filed 09/28/2020 04:13:40 PM



                                           IN THE CIRCUIT COURTOF THE
                                         20™ JUDICIAL COURT IN AND FOR
                                          CHARLOTTE COUNTY, FLORIDA.

                                                                          CASE NO.      2020-000616 CA

        DEBORAH COOPER BURG, by and
        Through her Court-appointed Guardian
        RICKY BURG; NICOLE BURG, her
        Daughter; and RICKY BURG, her spouse,

                    Plaintiffs,

        Vs.

        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.; NANDINI KIRI;
        HARBOR MEDICAL GROUP, LLC., AHSAN KAMAL;
        SOVI JOSEPH, M.D.; 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, II,
                    Defendants.



              DEFENDANT           LIFE CARE PHYSICIAN             SERVICES, LLC’S RESPONSE               TO
                                  PLAINTIFFS’ REQUEST FOR PRODUCTION

                    Defendant,    LIFE   CARE      PHYSICIAN      SERVICES,      LLC,    by   and   through   the

        undersigned counsel, hereby files this Response to Plaintiffs’ Request for Production, 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.

                    RESPONSE:      See attached.
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
teports, radiology reports, nurses' notes, memoranda, and written or electronic
correspondence.


RESPONSE:         See attached.


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: Objection to the extent this Request seeks documents that may be
protected by the attorney client or work product privileges. Notwithstanding and
without waiving this objection, none other than the Life Care Center of Punta Gorda
records,


4. Any and all contracts and agreements between you and any other individual or
entity, including but not limited to, Defendants VANCE       MALONEY       and PUNTA
GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA
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:         See attached employment agreement with Dr. Maloney.

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

RESPONSE: Objection to the extent this question seeks information regarding
credentialing or peer review as these documents are protected under Florida Law.
Defendant also objects to this request as overly broad and not narrowly tailored to the
issues in the case as framed by the Complaint. Defendant also objects to the extent the
“personnel file” contains Dr. Maloney’s personal information which is not pertinent to
the allegations of the case.

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

RESPONSE:      None known to this Defendant.


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.


8. Copies of any and all records relating to any adverse medical incidents involving
Defendant VANCE MALONEY 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: Objection. As an employee of Life Care Physician Services, Dr. Maloney
saw residents exclusively at Life Care Center of Punta Gorda, a skilled nursing facility.
Amendment 7 does not apply to skilled nursing facilities. Notwithstanding and without
  aiving this objection, 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 attached.

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: Life Care Physician Services is a corporate entity and therefore would
not have directly communicated with anyone regarding Deborah Burg. This question
should be directed to Dr. Maloney.

11.All audit logs showing all individuals who accessed Plaintiff DEBORAH COOPER
BURGSS 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: Objection. This request is overly broad, not narrowly tailored to the
allegations of the case as framed by the pleadings, and therefore not reasonably
calculated to lead to the discovery of admissible evidence. Notwithstanding and without
waiving this objection, this information has been requested and this answer may be
supplemented to the extent any responsive documents exist and are not objectionable.

12.All audit trails showing all individuals who accessed Plaintiff DEBORAH COOPER
BURGSS 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:       See response to Number 11.


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

      RESPONSE: Dr. Maloney saw the patient at Life Care Center of Punta Gorda and this
      Defendant is not in possession of their disclosure log. Whether Life Care Physician
      Services has their own disclosure log has been requested.

      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: Objection. This request is irrelevant, overly broad, not narrowly tailored
      to the allegations of the case as framed by the pleadings, and therefore not reasonably
      calculated to lead to the discovery of admissible evidence.

       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:       Objection. To the extent this Request seeks an index of all policies and
      procedures, Defendant objects as overly broad and not narrowly tailored to the
      allegations of the case. With respect to any policies and procedures regarding care and
      treatment of a bariatric patient, 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 in the possession of this Defendant.

       17.A copy of Defendant VANCE MALONEY'S Curriculum Vitae.

      RESPONSE: This Defendant is not in possession of a current curriculum vitae of Dr.
      Maloney. This request should be directed to him.


                                CERTIFICATE OF SERVICE


      WE    HEREBY      CERTIFY      that a true and correct copy of the foregoing was e-filed

with the Clerk of Court through the E-Filing Portal on September 28, 2020 and is to be e-
served      by the Court             Clerk      to:      ALL         COUNSEL      LISTED     ON   THE     ATTACHED

SERVICE LIST.


                                                                     CHIMPOULIS & HUNTER, P.A.
                                                                     Attorneys for Defendants, PUNTA GORDA
                                                                     MEDICAL INVESTORS, LLC d/b/a LIFE CARE
                                                                     CENTER OF PUNTA GORDA; LIFE CARE
                                                                     PHYSICIAN SERVICES, LLC; and VANCE
                                                                     MALONEY, IIT
                                                                     150 S. Pine Island Road, Suite 510
                                                                     Plantation, FL 33324
                                                                     Telephone: 954-463-0033 / Fax: 954-463-9562

                                                                     By     /s/ Susanne Riedhammer
                                                                     JAY P. CHIMPOULIS, ESQ.
                                                                     Florida Bar No: 561533
                                                                     JChimpoulis@ChimpoulisHunter.com
                                                                     SUSANNE E. RIEDHAMMER, ESQ.
                                                                     Florida Bar No: 159638
                                                                     SRiedhammer@ChimpoulisHunter.com

k\18-6131- burg\discovery\leps -resp to pls first rtp revised.docx
SERVICE LIST

COUNSEL FOR PLAINTIFFS
Edward R. Blumberg, Esq.
Deutsch Blumberg & Caballero, P.A.
100 N Biscayne Boulevard, Suite 2802
Miami, FL 33132
ERB@DeutschBlumberg.com
RMitchell@DeutschBlumberg.com
JFlorin@DeutschBumberg.com


Counsel for Defendant, Dr. John Rioux and Gulf Pointe Surgical
Victoria N. Ferrentino, Esq.
Natalie J. Davy, Esq.
Bush, Graziano, Rice & Platter, P.A.
100 S. Ashley Drive, Suite 1400
Tampa, FL 33602-3423
VFerrentino@BGRPlaw.com
NDavy@BGRPlaw.cor

COUNSEL FOR DEFENDANTS. DR. NANDINI KIRI AND NANDINI KIRI,       M.D.
AND HARBOR MEDICAL GROUP, LLC
Richard B. Mangan, Esq.
Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A.
1 N. Dale Mabry Hwy, 11th Floor,
Tampa, FL 33609-2764
Richard.Mangan@Rissman.com
Stephanie. Doyle@Rissman.com

COUNSEL FOR DR. GALLIANO AND HIS PA.
Ralph Marchbank, Esq.
Dickinson & Gibbons, PA
401 N Cattlemen Road, Suite 300
Sarasota, FL
RMarchbank@DGlawyers.com

COUNSEL FOR DR. WEERASINGHE
Richard Bowers, Esquire  RBowers@BankerLopez.com
Janet Ann Durkee, Esquire              JDurkee@BankerLopez.con
Richard M. Sebek, Esquire          RSebek@BankerLopez.com
Banker Lopez Gassler P.A.
501 E. Kennedy Boulevard, Suite 1700
Tampa, FL 33602