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Filing # 119671512 E-Filed 01/14/2021 06:30:10 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, STATE OF FLORIDA
SUSAN HODGE, Surviving Spouse and
Personal Representative for the Estate of
MICHAEL HODGE, Deceased
Plaintiff,
CASE NO.: 18-001225-CA
vs.
PORT CHARLOTTE HMA, LLC d/b/a
BAYFRONT HEALTH PORT CHARLOTTE,
THOMAS KARTIS, JR., M.D., THOMAS
KARTIS, JR., M.D., P.A.. MAMOON JARRAH,
M.D., M. JARRAH, M.D., P.A., and KAREN
RUDOLPH, ARNP (a/k/a KAREN RAHMAN,
ARNP),
Defendants.
/
NOTICE OF FILING
Defendants, THOMAS KARTIS, JR., M.D. and THOMAS KARTIS JR., M.D., P.A., by and
through undersigned counsel, give notice of filing the following for use at the trial of this case:
1 Deposition of Karen Rudolph taken July 19, 2019 and exhibits attached thereto.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 14" day of January, 2021, a true and correct copy of the
foregoing was electronically filed with the Clerk of Court using the Florida E-Portal system, which will
send a notice electronically to all counsel of record pursuant to the attached ATTORNEY SERVICE
LIST.
Thompson Miller, P.A.
11509 Palmbrush Trail, Suite 208
Lakewood Ranch, FL 34202
P: 941-741-8300
F: 941-741-8355
Primary Email: tmiller@tm2law.com
Alternate Email 1: klwilliams@tm2law.com
Alternate Email 2: mgroseclose@tm2law.com
016706701
Sold
8 Will,
BY:
TODD B. MILLER, ESQ.
FBN: 0150060
BIANCA G. ANKOH, ESQ.
FBN: 0116179
Attorney for Defendants, Thomas Kartis, Jr., M.D.
and Thomas Kartis Jr., M.D., P.A.
ATTORNEY SERVICE LIST
MARJORIE CHALFANT, RN, JD GREGG W. LUTHER, ESQ.
The Nurse Attorney, P.A. Gregg W. Luther, PLLC
8039 Cooper Creek Blvd., Suite 105 University 9112 N, Kelley Avenue, Suite A
Park, FL 34201 Oklahoma City, OK 73131
P: 941-210-4220 P: 405-478-9112
e-service@thenurseattorney.com. gregg@gregewluther.com
mchalfant@thenurseattorney.com david@ ‘eggwluther.com
paralegal@thenurseattorney.com lisa( eggwluther.com
Attorney
for Plaintiff Co-Counsel
for Plaintiff
DANIEL SHAPIRO, ESQ. RICHARD B. MANGAN, JR., ESQ.
MARY E. LANIER, ESQ R. CLIFTON ACORD, II, ESQ.
LAURA SEGURA, ESQ. Rissman Barrett
Cole Scott Kissane, P.A. 1 North Dale Mabry, Suite 100
4301 Boy Scout Blvd., Ste. 400 Tampa, FL 33609
Tampa, FL 33607-5712 P: 813-221-3114
P: 813-864-9333 rbm.service@rissman.com
Daniel.shapiro@csklegal.com ca.service@rissman.com
Bethany.goodrow@csklegal.com Attorneys for Mamoon Jarrah, M.D. and M.
mary.lanier@csklegal.com Jarrah, P.A.
Aisha.smith@csklegal.com
laura.segura@esklegal.com
Roxanna.massa@csklegal.com
Attorneys for Port Charlotte HMA, LLC d/b/a
Bayfront Health Port Charlotte
016706701
In The Matter Of:
SUSAN HODGE, SURVIVING SPOUSE v.
PORT CHARLOTTE HMA, LLC, et al.
KAREN RUDOLPH
July 19, 2019
ORIGINAL TRANSCRIPT
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Original File 134592 Karen Rudolph 07-19-19.txt
SUSAN HODGE, SURVIVING SPOUSE v. ORIGINAL TRANSCRIPT KAREN RUDOLPH
PORT CHARLOTTE HMA, LLC, et al. July 19, 2019
Page 1 Page 3
THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT ON BEHALF OF THE DEFENDANT, MAMOON JARRAH, M.D
IN AND Y, FLO DAVID J. RISSMAN, ESQUIRE
‘NO '18001225CA BARRETT, HURT, DONAHUE, MCLAIN & MANGAN, P.A.
1 NORTE | DALE MABRY HIGHWAY
SUSAN HODGE, SURVIVING SPOUSE AND PERSONAL FLOOI
REPRESENTATIVE FOR THE ESTATE OF MICHAEL HODGE, TAMPA, *ruonspa 3360:
DECI (813) 221-3114
PLAINTIFF. FACSIMILE NO. (813) 221-3033
E-MAIL: DAVID.RISSMANGRISSMAN.COM
v. (APPEARED TELEPHONICALLY)
PORT CHARLOTTE HMA, LLC D/B/A BAYFRONT ON BEHALF OF THE DEFENDANT, THOMAS KARTIS, JR., M.D.:
HEALTH PORT CHARLOTTE, THOMAS KARTI: MARK R. WATSON, JUNIOR, ESQUIRE
Bipot Ds cg THOMAS KARGIS TR, MD. ¢ Ban. GOODIS THOMPSON & MILLER, PB. A.
MAMOON PLA ,
KAREN RUDOLPH, ARNP ain KAREN’ SUITE 1500
iP), SAINT PETERSBURG, FLORIDA 33701
DEFENDANTS . NO. : (727) 823-0)
10 10 FACSIMILE NO 727) 823-0230
E-MAIL: MWATSONG@GTMLEGAL .COM
11 Da’ JULY 19, 2019 11
REPORTER: ADAM FL SO PRESENT
12 IICROTEL INN & SUITES BY 12 SUSAN HODGE - PLAINTIFF
WINDHAM PORT CHARLOTTE
13 4056 TAMIAMI 13
PORT CHARLOTTE, FLORIDA 33952
14 14
15 15
16 16
17 17
18 18
19 19
20 20
21 21
22 22
23 23
24 24
25 25
Page 2 Page 4
APPEARANCES INDEX
ON BEHALF OF THE PLAINTIFF, SUSAN HODGE: Page
GREGG W. LUTHER, ESQUIRE
GREGG W. LUTHER, PLLC PROCEEDINGS
OFFICE PARK
9112 NORTH KELL DIRECT EXAMINATION BY MR. LUTHER
SUITE A
OKLAHOMA CITY, OKLAHOMA 73: 31 CROSS EXAMINATION BY MS. SEGURA 67
‘TELEPHONE NO. ! (405) 478-' 3ti2
AND
EXHIBITS
MARIORIE CHALEANT, ESQUIRE
NURSE ATTORNEY, Exhibit Page
3030 COOPER CREEK BOULEVARD
SUITE, 105 1 REAPPOINTMENT APPROVAL LETTER 12
PARK, FLORIDA 34201
10 TELEPHONE NO” (941) 210-42 10 AND LIST OF PRIVILEGES
E-MAIL: MCHALF) ‘@THENURSEATTORNEY . COM
11 11 CONSULTATION 6-20-16 31
ON BEHALF OF THE DEFENDANT, KAREN RUDOLPH, ARNP:
12 J. BOWEN BROWN, ESQUIRE 12 DR. JARRAH'S APPOINTMENT SCHEDULE 43
LAW OFFICES OF LORRAINE LESTER
13 4631 WOODLAND CORPORATE BOULEVARD 13 6-20-16
SUIT!
14 PA, FLORIDA 33614-2441 14 PHYSICIAN ORDERS 53
‘TELEPHONE NO. : (813) 880-5145
15 FACSIMILE NO (866) 292-8652 15
E-MAIL: JOHN.BROWN@CNA
16 16
ON BEHALF OF THE DEFENDANT, PORT CHARLOTTE HMA, LLC
17 D/B/A BAYFRONT HEALTH PORT CHARL 17
SEGURA, ESQ|
18 COLE, ScoTT KISSANE, P.A. 18
4301'WEST BOY SCOUT BOULEVARD
19 SUITE 40 19
TAMPA, FLORIDA 3360
20 TELEPH ‘NO (813) 509-2663 20
FACSIMILE NO.: (813) 228-9400
21 E-MAIL: LAURA: SEGURA@CSKLEGAL .COM 21
22 22
23 23
24 24
25 25
CourtScribes, Inc. (1) Pages 1-4
SUSAN HODGE, SURVIVING SPOUSE v. ORIGINAL TRANSCRIPT KAREN RUDOLPH
PORT CHARLOTTE HMA, LLC, et al. July 19, 2019
Page 5 Page 7
STIPULATION
business as Bayfront Health Port Charlotte, Thomas
Kartis, Jr., M.D., Thomas Kartis, Jr., M.D., PA,
THE VIDEO DEPOSITION OF KAREN RUDOLPH TAKEN AT MICROTEL
Mamoon Jarrah, M.D., M. Jarrah, M.D., PA, and Karen
INN & SUITES BY WYNDHAM PORT CHARLOTTE, 4056 TAMIAMI
Rudolph, ARNP (aka Karen Rahman, ARNP). Counsel
TRAIL, PORT CHARLOTTE, FLORIDA 33952 ON FRIDAY THE 19TH will now state their appearances.
DAY OF JULY 2019 AT APPROXIMATELY 10:43 A.M.; SAID MR. LUTHER: Gregg Luther and Marjorie Chalfant
DEPOSITION WAS TAKEN PURSUANT TO THE FLORIDA RULES OF for plaintiff, along with plaintiff Susan Hodge.
CIVIL PROCEDURE. MR. BROWN: Bowen Brown, on behalf of Karen
Rudolph.
10 IT IS AGREED THAT ADAM FLEISHER, BEING A NOTARY PUBLIC 10 COURT REPORTER: All right. Thank you. I will
11 AND COURT REPORTER FOR THE STATE OF FLORIDA, MAY SWEAR 11 now swear in the witness. Miss, raise your right
12 THE WITNESS AND THAT THE READING AND SIGNING OF THE 12 hand. Do you, Karen Rudolph, swear or affirm to
13 COMPLETED TRANSCRIPT BY THE WITNESS IS NOT WAIVED. 13 tell the truth, the whole truth, and nothing but the
14 14 truth, so help you God?
15 15 THE WITNESS: I do.
16 16 COURT REPORTER: All right. Counsel, you may
17 17 begin.
18 18 DIRECT EXAMINATION
19 19 BY MR. LUTHER:
20 20 Q Good morning.
21 21 A Good morning.
22 22 Q > We met a moment ago. My name is Gregg Luther.
23 23 I'm one of the lawyers, along with Marjorie Chalfant,
24 24 for Susan Hodge, the plaintiff in this case. You're
25 25 aware of that, right?
Page 6 Page 8
PROCEEDINGS A Uh-huh.
COURT REPORTER: Can everybody state their -- Q You're aware that you're one of the defendants
state and spell your name for the record? in this case?
MR. LUTHER: Spell? A Yes.
COURT REPORTER: Just -- well, I think I have Q. Okay. Have you ever given a deposition
the spellings. That should be all right. before?
MR. LUTHER: Gregg Luther and Marjorie Chalfant A Yes.
for plaintiff, along with plaintiff Susan Hodge. Q. Okay. First, tell us your full name.
MR. BROWN: Bowen Brown, on behalf of the A. Karen Louise Rudolph.
10 witness. 10 Q_ Was your name -- your last name Rudolph in
11 THE WITNESS: Karen Rudolph, witness. 11 June of 2016?
12 MS. SEGURA: Laura Segura, on behalf of 12 A Wait. You're like -- yes.
13 Bayfront Health Port Charlotte. 13 Q. Okay. I'm not trying to trick you.
14 MR. WATSON: Mark Watson -- 14 A_ No. I couldn't remember what year I got
15 MR. RISSMAN: David Rissman, on behalf Dr. 15 married and I got divorced.
16 Jarrah 16 Q_ Sure. So you've given a deposition before, so
17 MR. WATSON: Mark Watson, on behalfof Dr. 17 you understand that we're asking questions and you're
18 Kartis. 18 giving answers. I'm a little different than most
19 COURT REPORTER: All right. Thank you so much. 19 lawyers. I'm not here to try and trick you, or stick
20 Time is now 10:42, we're on the record. We're here 20 words in your mouth, or try and get you to say something
21 today, July 19, 2019, at the Microtel Inns & Suites, 21 that I want you to say. I want to know what you saw,
22 4056 Tamiami Trail, Port Charlotte, Florida 33952 22 what you remember, what you know, what you heard, and
23 for the purposes of the recording -- recording the 23 that information, okay?
24 deposition of Karen Rudolph in the matter of Susan 24 A Okay.
25 Hodge, Plaintiff v. Port Charlotte HMA, LLC doing 25 Q If I ask a question that doesn't make sense,
CourtScribes, Inc. (2) Pages 5-8
SUSAN HODGE, SURVIVING SPOUSE v. ORIGINAL TRANSCRIPT KAREN RUDOLPH
PORT CHARLOTTE HMA, LLC, et al. July 19, 2019
Page 9 Page 11
you've got the right to fully understand it before you was November, so probably 1990.
answer. So I don't care how many times you ask me to Q Okay. When did you first get privileges at
clarify, I'm going to help you out until you understand Bayfront as a nurse practitioner?
the question and give an answer, okay? A Shortly after I passed my boards.
A Okay. Q 2010-ish?
Q This is not an endurance contest. So at any A Yes.
time, if you need to take a break just ask and we can do Q Okay. Did they give you -- did Bayfront give
so. The only thing I would require is that if there is you a copy of the by-laws?
a question on the table, I want to get an answer to that A_ Not by-laws, but with your renewals every two
10 question before we take a break, fair enough? 10 years -- the paperwork you have to fill out, they do
11 A Fair enough. 11 have a list of things that you're allowed to do, and
12 Q Allright. So tell us about your prior 12 it's checked off. If you want to add anything, you can,
13 experience giving a deposition. How many times have you 13 then it goes to the board for review. So no actual by-
14 done that? 14 laws just --
15 A Once, and I wasn't a witness -- I wasn't a 15 Q. Okay.
16 defendant. I had to answer a few questions on a patient 16 A -- just duties.
17 telling me he was sick. 17 Q_ Did Bayfront give you any rules or
18 Q. Okay. That's the only time you've given sworn 18 regulations?
19 testimony? 19 No.
20 A Yes. 20 Did Bayfront give you any policies?
21 Q. Okay. Tell us about your education and 21 No.
22 training? 22 Did Bayfront give you any protocols?
23 A I'm originally an operating room technician -- 23 No.
24 surgical tech. I went to Mount Aloysius Junior College 24 Did Bayfront give you any guidelines?
25 in '82 to '83 for that, then from '83 to '86 for RN. And 25 None other than the list of what I'm
Page 10 Page 12
after that, I graduated in '86 and moved to Florida. I credentialed to do and what nurse practitioners are.
started working at Saint Joseph's Hospital in the Q_ Did Bayfront give you any training?
operating room. I was circulator and charge nurse there A No.
for three years. And then I got hired by Dr. Jarrah, Q I'm going to mark this as Exhibit 1 and I'll
and I've been working for him for 30 years. And in ask you to identify that for us, please. Do you know
2004, I went back to college. I went to USF in Tampa what that is?
and graduated in 2009 and sat for my boards in 2010 for (EXHIBIT 1 MARKED FOR IDENTIFICATION)
adult nurse practitioner. A Yes.
Q. Okay. Is there a master's in there somewhere? Q Allright. Tell us what that is?
10 A Yes. 10 A This is for -- it's a renewal of your
11 Q Okay. When was that? 11 privileges every two years. And then they have approved
12 A That's the nurse practitioner's master's. 12 core duties, and if you want any others you add onto it.
13 Q > Okay. All right. And you passed your boards 13 And then the state requires a collaborative practice
14 on your first time? 14 agreement between a nurse practitioner and a physician,
15 A Yes. 15 and that's what the rest of that is.
16 Q_ And so how long have you been board-certified? 16 Q_ Okay. Who prepares Exhibit 1?
17 A. Since I passed boards, February of 2010. 17 MR. BROWN: Form.
18 Q_ And you've always worked for Dr. Jarrah since 18 A I--
19 you've been a nurse practitioner? 19 MS. SEGURA: Join.
20 A Yes. 20 MR. BROWN: You can answer if you know.
21 Q. Okay. How long did you have privileges at 21 I don't know.
22 Bayfront Hospital? 22 Who gives it to you? Who gives you Exhibit 1?
23 A Since the year I started to work for him, I 23 It's e-mailed.
24 had privileges as a RN to see patients and also to 24 Okay. From?
25 assist him in surgery. So that was 1989 -- well, that 25 My daughter that tells me when it's there. I'm
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SUSAN HODGE, SURVIVING SPOUSE v. ORIGINAL TRANSCRIPT KAREN RUDOLPH
PORT CHARLOTTE HMA, LLC, et al. July 19, 2019
Page 13 Page 15
-- I don't know if it comes from the medical staff or 1 A Yes.
they have a company that does it. 2 Q Allright. And nobody at Bayfront ever told
Q Does it come from Bayfront Health or does it 3 you our by-laws or our rules and regulations say that
come from another company? 4 only physicians can do consults?
A I'm not sure. 5 A No.
Q. Okay. But you just get it in e-mail? MS. SEGURA: Object to form.
A Uh-huh. Yes. Q. Okay. In fact, they called you and asked you
Q Allright. I looked through Exhibit 1 before 8 to come do them, right? That's been your testimony?
I came here and I didn't find anywhere where you had A. They have called me. Yes.
10 privileges to do consultations. 10 MS. SEGURA: Object to form.
11 A Ido. 11 Q Yeah. As we sit there's -- just so we clear
12 Q You do? 12 this up. You can remember specific instances in your
13 A Yes. 13 mind where people from Bayfront have called you -- not
14 Q Okay. Can you show us where that is? 14 Dr. Jarrah -- called you and asked you to come do a
15 A I don't see it specifically written, which it 15 consult on a patient?
16 should be. But the majority of what's approved couldn't 16 MS. SEGURA: Object to form.
17 be done if you didn't assess and see the patient 17 A. They usually call the office. They call the
18 personally. 18 consult in if they needed seen -- need the patient seen
19 Q Let me ask you this: Has anybody at Bayfront 19 quickly. If it's routine, they'll just call it in
20 ever told you that you have privileges to do 20 routine. If they need them seen quickly and Dr.
21 consultations? 21 Jarrah's not in the office, then they will ask my office
22 MS. SEGURA: Object to form. 22 to get me. So that I know about it, to see if I'm
23 A. Told me? I guess I'd have to say no. I can't 23 available.
24 remember anybody telling me. 24 Q_ Okay. So let's split this hair down to an
25 Q Okay. Have you ever read any document that 25 understanding so that I know, before I leave here, how
Page 14 Page 16
says you can do consultations at Bayfront? it really happens. I take it, then, that nobody
A Yes. actually calls you from Bayfront and says we need you,
Q Okay. Where are we going to find that Karen Rudolph, nurse practitioner, to come do a consult?
document? The employees of Bayfront?
A I would have to call medical staff. Just anybody from Bayfront --
Q Okay. So who would you call at medical staff? Okay. No.
A Susanne Walters or her assistant. -- like you said, ER doctors, anyone?
Q_ Okay. Do you know the difference between an No. They usually call the office or --
exam and a consult, right? Okay. So --
10 A Ofcourse. 10 -- answering service.
11 Q_ Okay. So has anybody at Bayfront ever called 11 So that's Dr. Jarrah's office or Dr. Jarrah's
12 you and asked you to come do a consult on a patient? 12 answering service, right?
13 MS. SEGURA: Object to form. 13 A Correct.
14 A Yes. 14 Q Okay. And then there have been times where
15 Q_ Who? 15 you have gone over to do the consult without -- not
16 A Nursing staff, ER physicians, primary care 16 assisting Dr. Jarrah, but you went on your own and did
17 physicians, specialists, surgeons. 17 the consult at Bayfront, right?
18 Q_ How long has that been going on that you've 18 A Correct.
19 been called to do consults on patients by people from 19 MS. SEGURA: Object to form.
20 Bayfront? 20 Q Okay. How long has that been going on?
21 MS. SEGURA: Object to form. 21 A. Since I have my ARNP.
22 A Since I -- 22 Q And every year when you -- you have to reapply
23 MS. SEGURA: Go ahead. 23 -- did you say every two?
24 A Since I had my ARNP. 24 A Yeah.
25 Q_ Since 2010 or so? 25 Q_ So every two years when you reapplied, nobody
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SUSAN HODGE, SURVIVING SPOUSE v. ORIGINAL TRANSCRIPT KAREN RUDOLPH
PORT CHARLOTTE HMA, LLC, et al. July 19, 2019
Page 17 Page 19
at Bayfront ever told you that you can't do that, or we afternoon, you became aware of a patient in Bayfront
have some secret document that says only doctors can do that was Dr. Kartis's patient?
consults? A Correct.
A Correct. Q. Okay. What else did you know about him?
MS. SEGURA: Object to form. A_ Nothing.
MR. BROWN: Join. Q_ Did you call over to Dr. Kartis's office to
Q Allright. Let's talk about Michael's case. get the chart?
What do you -- what's the first thing you remember about A Notat that time.
Michael Hodge? First time you heard of him? Q_ Did anybody from Dr. Jarrah's office call over
10 A. Was in my office when we -- apparently, 10 there?
11 because it didn't come from the answering service, 11 A Notat that time. Before I saw the patient or
12 someone called the office with a consult. That was the 12 after I saw the patient?
13 first time I've -- I heard of his name. 13 Q Before you saw him.
14 Okay. Do you remember what day that was? 14 A No.
15 On Monday. 15 Q Allright. Did anybody call Dr. Kartis's
16 Okay. Monday the 20th of June? 16 office, ever, to get the chart?
17 20th. Yes. 17 A I believe the hospital did.
18 Okay. What time of day? 18 Q Okay. What do you base that on? Your belief?
19 Well, I'm guesstimating that by some of the 19 A When I saw the patient, I had requested the
20 hospital records I read, the consult was called to Dr. 20 films and the reports on the CTA from Millennium -- of
21 Kartis between 1:30 and 2:00. Somebody would have had 21 which I called -- and I had the charge nurse and the
22 to find out that Dr. Jarrah was covering him. So my 22 unit secretary calling Dr. Kartis's office for any
23 best guesstimate would be anytime from 2:00 to 4:30. 23 notes.
24 Q You tell us you're guessing. You don't 24 Q Okay. And you tell us that from memory or is
25 remember? 25 that written down somewhere that you asked the charge
Page 18 Page 20
A. The exact time? No. nurse and the unit secretary?
Q Fair enough. And then just tell me if you A. That's just from memory.
don't remember. It's not a memory contest, but if you Q_ Okay. Who was the charge nurse that you asked
know, I want to know, and if you don't know, just tell to call Dr. Kartis's office?
me, okay? A [couldn't tell you her name. She's not there
A Okay. anymore, but I don't recall the name. She just happened
Q So somewhere in that time frame, though, why to be sitting at the desk, which was unusual.
is it you can put it as late as 4:30? Q_ And who was the unit secretary?
A. Because on Mondays I typically don't stay late A I don't know her name.
10 because I stay late most other days. So I don't stay 10 Q Okay. But you have a vivid memory -- I mean,
11 late. And at that particular day, I couldn't stay late, 11 you'd swear on the Bible, right? That you told somebody
12 so I would have had to have seen the patient -- gotten 12 with the hospital to get with Dr. Kartis and get his
13 done with my consult before I left. 13 chart on the evening of June 20th?
14 Q > Okay. How is it that you know you couldn't 14 MR. BROWN: Objection. Motion to strike. She's
15 stay late? 15 already sworn to tell the truth here, and she's
16 A. My granddaughter was just a few months old, 16 already answered the question. Go ahead.
17 and the girl who was babysitting had obligations two 17 MS. SEGURA: Join.
18 days a week for three months, so I took over the slack 18 BY MR. LUTHER:
19 on Mondays and Fridays. I had to have her picked up. 19 A Yes.
20 Q Okay. So what time did you have to have your 20 Q. Okay. Fair enough. They're doing their job.
21 granddaughter picked up on Monday? 21 That's lawyer talk.
22 A By 5:15. 22 A Okay. Okay.
23 Q_ Which meant you had to leave around when? 23 Q They're supposed to do that. All right. Do
24 A. Five until 5:00, ten until 5:00. 24 you have a memory of going into Michael's room to do the
25 Q. Okay. So that Monday, sometime in the 25 consult on the 20th?
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SUSAN HODGE, SURVIVING SPOUSE v. ORIGINAL TRANSCRIPT KAREN RUDOLPH
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Page 21 Page 23
A Yes. Okay. Did you look in his eyes at all?
Q. Okay. Tell us what you remember? Yes.
A When I got there, I had -- there's nothing in All right. What'd you see?
charts anymore these days, so I looked on the computer. Pupils were equal and reactive.
The only thing that was on there was the ER notes, so I Okay. What's that tell you?
really didn't have much information. So when I His sensorium was intact. He was
evaluated him, his wife was at the bedside. He'll neurologically stable.
explain the situation, what had happened in the morning, Q Okay. So after that ten minutes -- well,
that he had called her while she was driving and had to let's stop before I move forward. I always want to get
10 come back. And that was -- when I saw him, he was 10 ahead of myself. You said you looked at the chart and
11 asymptomatic. They had told me that he was diagnosed 11 there's nothing in the chart?
12 with severe bilateral carotid stenosis, was to undergo 12 A Correct.
13 surgery the following week. And the vital signs were 13 Q. Or you said, "Nothing in the chart these
14 stable and he was asymptomatic at that moment. 14 days." So there's a paper chart?
15 Q_ Okay. So "asymptomatic," that means no signs 15 A There is.
16 or symptoms of something going bad? 16 Q. And where is that?
17 Correct. 17 A At the nurse's station.
18 All right. Things were normal? 18 Q > Okay. So did you look at that before you went
19 Correct. 19 into his room and examined him?
20 Heartbeat, blood pressure? 20 A Yes.
21 Correct. 21 Q_ Okay. And so what was in the paper chart?
22 How long did you spend in his room? 22 A. Tonly saw a face sheet.
23 I'm guesstimating -- and this would just be a 23 Q_ Were there any nurse's notes with the vital
24 guess -- until I examined him, spoke with the wife, 24 signs?
25 maybe ten minutes. 25 A No.
Page 22 Page 24
Q Okay. Did you speak to Michael? Q. Any notes from hourly rounds?
A Yes. A Ididn't see anything.
Q All right. What'd you talk about with him? Q. How were -- in June of 2016, how were the
A Asked him how he was feeling, his symptoms, nurses! assessments recorded at the hospital?
what had happened in the morning. MS. SEGURA: Object to form.
Q > And what do you remember he said in response? A I'm not sure if they did complete computer or
A. That he got up. He was confused, very they also did some paper. I'm not sure.
unsteady. He said he kind of leaned up against the wall Q_ Okay. Have you looked at the chart in this
and he could feel himself going down, and that's when he case?
10 called his wife. 10 A I looked at some of it. Yes.
11 Q Did you take his hand for any reason? 11 Q. Okay. Did you look at the nursing
12 A Probably to check pulses. 12 assessments?
13 Q All right. And pulses were normal? 13 A Yes.
14 A Yes. 14 Q_ Do you remember that they were handwritten?
15 Q All right. Where else besides maybe the wrist 15 A Idid see a few handwritten notes.
16 did you check pulse? 16 Q_ Okay. Did you see any electronic nurse notes
17 A I listened to the carotids for a bruit. 17 -- nurse assessments?
18 Q_ What'd you hear? 18 A I don't recall. I don't believe so.
19 A_ Bilateral bruit. 19 Q Allright. When did Bayfront Port Charlotte
20 Q Allright. What's a bruit sound like? 20 start using electronic nursing assessment notes?
21 A It's like a blood flowing through a -- tell 21 A I don't know.
22 when you, kind of, get a -- it's -- you just know the 22 MR. BROWN: Form.
23 sound. Like it's, blood's trying to go through 23 Q_ So you found a face sheet and nothing else in
24 someplace but it's not going through easily, so you have 24 the paper chart?
25 this, kind of, wishy-washy sound. 25 MS. SEGURA: Object to form.
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SUSAN HODGE, SURVIVING SPOUSE v. ORIGINAL TRANSCRIPT KAREN RUDOLPH
PORT CHARLOTTE HMA, LLC, et al. July 19, 2019
Page 25 Page 27
A Correct. Nothing I can remember. carotid ultrasound was ordered. So I called radiology
Q. Okay. There weren't -- you didn't see any and it hadn't been done yet.
faxed records from Dr. Kartis's office? Q_> When was it ordered?
A No. A. According to the chart, somewhere around 1:30,
Q 18 or so pages? 2:00.
A No. Q_ And what time were you looking to see and
Q_ Then you told us you looked on the computer. found that it wasn't done?
Was that also before you went into Michael's room? A IT would have --
A Yes. MS. SEGURA: Object to form.
10 Q Allright. So did you look on the computer at 10 A As I said, I would've been there once we got
11 the nurse's station? 11 the consult, which would have been anywhere from 2:30 to
12 A Yes. 12 4:30.
13 Q_ Do you have the availability, or did you in 13 Q Allright. Did you talk to anybody in
14 June of 2016, to have the ability to look at the 14 radiology and ask them why it wasn't done yet?
15 computer from your office? 15 MS. SEGURA: Object to form.
16 A No. 16 MR. BROWN: Form.
17 Q Allright. So when you looked on the 17 A Ijust talked to the technician when I called
18 computer, you told us you saw emergency department 18 the ultrasound lab.
19 notes, right? 19 Q. Okay.
20 A Yes. 20 A And she said it hadn't been done yet.
21 Q. And anything else on there? 21 Q_ And did you get any other information like
22 A No. 22 when it was going to be done?
23 MS. SEGURA: Object to form. 23 A When they got to it.
24 Q_ Were there no lab results? 24 Q_ Okay. Is there a way things can be ordered to
25 A I looked at those on the computer. 25 be done quicker?
Page 26 Page 28
Q. Okay. So you looked at -- just so I'm clear Yes.
with the question, I'm asking you about what you saw on What do you call that?
the computer? "Stat."
A. They were on the -- they were with the ER Was Michael's carotid ultrasound ordered stat?
note. No.
Q. Okay. Fair enough. But there -- is there a Do you have the ability to change an order
separate tab you can click to go look at just lab from just "do it when you get to it" to "stat"?
results? A Yes.
A There is now. I don't know if there was then. Q. Okay. Did you change that order?
10 Q Fair enough. So let me just ask this: Other 10 A She then -- they did -- then called the floor
11 than emergency room notes, was there anything else that 11 and said they would be coming for him.
12 you looked at on the computer before you went into 12 Q_ Okay. So it was going to get done? When you
13 Michael's room? 13 left that night, you had an expectation it was going to
14 A No. 14 get done that night?
15 Q > Okay. And then you spent ten or so minutes in 15 A Correct.
16 his room. What'd you do next after that? 16 MS. SEGURA: Object to form.
17 A_ I went out to the nurse's station, asked the 17 Q. Okay. I'm not trying to put words in your
18 unit secretary and nurse to please get the -- any 18 mouth. You just tell me when I'm wrong, okay?
19 information they could from Dr. Kartis and from 19 A Okay.
20 Millennium. I called Millennium, their Radiology 20 Q_ So -- and then we'll get to what really
21 Department, and had to leave a voice message because 21 happened, but -- what did you use to make these phone
22 Joanne (phonetic) didn't answer and told her that I was 22 calls on the 20th?
23 at Bayfront and I needed a copy of the CD and the 23 A What phone calls?
24 reports, and that Bayfront would be getting there -- in 24 Q You called radiology --
25 touch with her to get it for me. I also did see that a 25 A Yes.
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SUSAN HODGE, SURVIVING SPOUSE v. ORIGINAL TRANSCRIPT KAREN RUDOLPH
PORT CHARLOTTE HMA, LLC, et al. July 19, 2019
Page 29 Page 31
-- and you called Millennium. Q I'm going to hand you Exhibit 2, which is
Millennium. Bates stamp BH --
Yeah. What -- were you using your cell phone? MR. LUTHER: Is it "B"? -- BHP?
No. (EXHIBIT 2 MARKED FOR IDENTIFICATION)
What phone were you using? MS. SEGURA: Bayfront Health Port Charlotte.
The phone at the nurse's station. BY MR. LUTHER:
Okay. Anybody else that you called after Q_ Anyway, they're the Bates stamped numbers 14
seeing Michael? through 17, marked as Exhibit 2. If you would take a
A_ No. Other than speaking with my boss, Dr. look at that for us.
10 Jarrah. 10 A. That's my consult. Okay.
11 Q_ Okay. So you talked to him by phone, or did 11 Q Do you -- can you identify what that is?
12 you speak face-to-face? 12 A Yes. That's my dictated consultation.
13 A I'm not sure if] called him or I went back to 13 Q. Okay. Does it tell us what time it's
14 the office before I left that day. I honestly can't say 14 dictated?
15 if I called or if I went back to the office. 15 A Yes.
16 Q_ Okay. Do you remember having that 16 Q W
Preview
Filing # 119671512 E-Filed 01/14/2021 06:30:10 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, STATE OF FLORIDA SUSAN HODGE, Surviving Spouse and Personal Representative for the Estate of MICHAEL HODGE, Deceased Plaintiff, CASE NO.: 18-001225-CA vs. PORT CHARLOTTE HMA, LLC d/b/a BAYFRONT HEALTH PORT CHARLOTTE, THOMAS KARTIS, JR., M.D., THOMAS KARTIS, JR., M.D., P.A.. MAMOON JARRAH, M.D., M. JARRAH, M.D., P.A., and KAREN RUDOLPH, ARNP (a/k/a KAREN RAHMAN, ARNP), Defendants. / NOTICE OF FILING Defendants, THOMAS KARTIS, JR., M.D. and THOMAS KARTIS JR., M.D., P.A., by and through undersigned counsel, give notice of filing the following for use at the trial of this case: 1 Deposition of Karen Rudolph taken July 19, 2019 and exhibits attached thereto. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 14" day of January, 2021, a true and correct copy of the foregoing was electronically filed with the Clerk of Court using the Florida E-Portal system, which will send a notice electronically to all counsel of record pursuant to the attached ATTORNEY SERVICE LIST. Thompson Miller, P.A. 11509 Palmbrush Trail, Suite 208 Lakewood Ranch, FL 34202 P: 941-741-8300 F: 941-741-8355 Primary Email: tmiller@tm2law.com Alternate Email 1: klwilliams@tm2law.com Alternate Email 2: mgroseclose@tm2law.com 016706701 Sold 8 Will, BY: TODD B. MILLER, ESQ. FBN: 0150060 BIANCA G. ANKOH, ESQ. FBN: 0116179 Attorney for Defendants, Thomas Kartis, Jr., M.D. and Thomas Kartis Jr., M.D., P.A. ATTORNEY SERVICE LIST MARJORIE CHALFANT, RN, JD GREGG W. LUTHER, ESQ. The Nurse Attorney, P.A. Gregg W. Luther, PLLC 8039 Cooper Creek Blvd., Suite 105 University 9112 N, Kelley Avenue, Suite A Park, FL 34201 Oklahoma City, OK 73131 P: 941-210-4220 P: 405-478-9112 e-service@thenurseattorney.com. gregg@gregewluther.com mchalfant@thenurseattorney.com david@ ‘eggwluther.com paralegal@thenurseattorney.com lisa( eggwluther.com Attorney for Plaintiff Co-Counsel for Plaintiff DANIEL SHAPIRO, ESQ. RICHARD B. MANGAN, JR., ESQ. MARY E. LANIER, ESQ R. CLIFTON ACORD, II, ESQ. LAURA SEGURA, ESQ. Rissman Barrett Cole Scott Kissane, P.A. 1 North Dale Mabry, Suite 100 4301 Boy Scout Blvd., Ste. 400 Tampa, FL 33609 Tampa, FL 33607-5712 P: 813-221-3114 P: 813-864-9333 rbm.service@rissman.com Daniel.shapiro@csklegal.com ca.service@rissman.com Bethany.goodrow@csklegal.com Attorneys for Mamoon Jarrah, M.D. and M. mary.lanier@csklegal.com Jarrah, P.A. Aisha.smith@csklegal.com laura.segura@esklegal.com Roxanna.massa@csklegal.com Attorneys for Port Charlotte HMA, LLC d/b/a Bayfront Health Port Charlotte 016706701 In The Matter Of: SUSAN HODGE, SURVIVING SPOUSE v. PORT CHARLOTTE HMA, LLC, et al. KAREN RUDOLPH July 19, 2019 ORIGINAL TRANSCRIPT CourtScribes, Inc. "Delivering More For Less" (833) 727-4237 info@courtscribes.com www.courtscribes.com Original File 134592 Karen Rudolph 07-19-19.txt SUSAN HODGE, SURVIVING SPOUSE v. ORIGINAL TRANSCRIPT KAREN RUDOLPH PORT CHARLOTTE HMA, LLC, et al. July 19, 2019 Page 1 Page 3 THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT ON BEHALF OF THE DEFENDANT, MAMOON JARRAH, M.D IN AND Y, FLO DAVID J. RISSMAN, ESQUIRE ‘NO '18001225CA BARRETT, HURT, DONAHUE, MCLAIN & MANGAN, P.A. 1 NORTE | DALE MABRY HIGHWAY SUSAN HODGE, SURVIVING SPOUSE AND PERSONAL FLOOI REPRESENTATIVE FOR THE ESTATE OF MICHAEL HODGE, TAMPA, *ruonspa 3360: DECI (813) 221-3114 PLAINTIFF. FACSIMILE NO. (813) 221-3033 E-MAIL: DAVID.RISSMANGRISSMAN.COM v. (APPEARED TELEPHONICALLY) PORT CHARLOTTE HMA, LLC D/B/A BAYFRONT ON BEHALF OF THE DEFENDANT, THOMAS KARTIS, JR., M.D.: HEALTH PORT CHARLOTTE, THOMAS KARTI: MARK R. WATSON, JUNIOR, ESQUIRE Bipot Ds cg THOMAS KARGIS TR, MD. ¢ Ban. GOODIS THOMPSON & MILLER, PB. A. MAMOON PLA , KAREN RUDOLPH, ARNP ain KAREN’ SUITE 1500 iP), SAINT PETERSBURG, FLORIDA 33701 DEFENDANTS . NO. : (727) 823-0) 10 10 FACSIMILE NO 727) 823-0230 E-MAIL: MWATSONG@GTMLEGAL .COM 11 Da’ JULY 19, 2019 11 REPORTER: ADAM FL SO PRESENT 12 IICROTEL INN & SUITES BY 12 SUSAN HODGE - PLAINTIFF WINDHAM PORT CHARLOTTE 13 4056 TAMIAMI 13 PORT CHARLOTTE, FLORIDA 33952 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 Page 2 Page 4 APPEARANCES INDEX ON BEHALF OF THE PLAINTIFF, SUSAN HODGE: Page GREGG W. LUTHER, ESQUIRE GREGG W. LUTHER, PLLC PROCEEDINGS OFFICE PARK 9112 NORTH KELL DIRECT EXAMINATION BY MR. LUTHER SUITE A OKLAHOMA CITY, OKLAHOMA 73: 31 CROSS EXAMINATION BY MS. SEGURA 67 ‘TELEPHONE NO. ! (405) 478-' 3ti2 AND EXHIBITS MARIORIE CHALEANT, ESQUIRE NURSE ATTORNEY, Exhibit Page 3030 COOPER CREEK BOULEVARD SUITE, 105 1 REAPPOINTMENT APPROVAL LETTER 12 PARK, FLORIDA 34201 10 TELEPHONE NO” (941) 210-42 10 AND LIST OF PRIVILEGES E-MAIL: MCHALF) ‘@THENURSEATTORNEY . COM 11 11 CONSULTATION 6-20-16 31 ON BEHALF OF THE DEFENDANT, KAREN RUDOLPH, ARNP: 12 J. BOWEN BROWN, ESQUIRE 12 DR. JARRAH'S APPOINTMENT SCHEDULE 43 LAW OFFICES OF LORRAINE LESTER 13 4631 WOODLAND CORPORATE BOULEVARD 13 6-20-16 SUIT! 14 PA, FLORIDA 33614-2441 14 PHYSICIAN ORDERS 53 ‘TELEPHONE NO. : (813) 880-5145 15 FACSIMILE NO (866) 292-8652 15 E-MAIL: JOHN.BROWN@CNA 16 16 ON BEHALF OF THE DEFENDANT, PORT CHARLOTTE HMA, LLC 17 D/B/A BAYFRONT HEALTH PORT CHARL 17 SEGURA, ESQ| 18 COLE, ScoTT KISSANE, P.A. 18 4301'WEST BOY SCOUT BOULEVARD 19 SUITE 40 19 TAMPA, FLORIDA 3360 20 TELEPH ‘NO (813) 509-2663 20 FACSIMILE NO.: (813) 228-9400 21 E-MAIL: LAURA: SEGURA@CSKLEGAL .COM 21 22 22 23 23 24 24 25 25 CourtScribes, Inc. (1) Pages 1-4 SUSAN HODGE, SURVIVING SPOUSE v. ORIGINAL TRANSCRIPT KAREN RUDOLPH PORT CHARLOTTE HMA, LLC, et al. July 19, 2019 Page 5 Page 7 STIPULATION business as Bayfront Health Port Charlotte, Thomas Kartis, Jr., M.D., Thomas Kartis, Jr., M.D., PA, THE VIDEO DEPOSITION OF KAREN RUDOLPH TAKEN AT MICROTEL Mamoon Jarrah, M.D., M. Jarrah, M.D., PA, and Karen INN & SUITES BY WYNDHAM PORT CHARLOTTE, 4056 TAMIAMI Rudolph, ARNP (aka Karen Rahman, ARNP). Counsel TRAIL, PORT CHARLOTTE, FLORIDA 33952 ON FRIDAY THE 19TH will now state their appearances. DAY OF JULY 2019 AT APPROXIMATELY 10:43 A.M.; SAID MR. LUTHER: Gregg Luther and Marjorie Chalfant DEPOSITION WAS TAKEN PURSUANT TO THE FLORIDA RULES OF for plaintiff, along with plaintiff Susan Hodge. CIVIL PROCEDURE. MR. BROWN: Bowen Brown, on behalf of Karen Rudolph. 10 IT IS AGREED THAT ADAM FLEISHER, BEING A NOTARY PUBLIC 10 COURT REPORTER: All right. Thank you. I will 11 AND COURT REPORTER FOR THE STATE OF FLORIDA, MAY SWEAR 11 now swear in the witness. Miss, raise your right 12 THE WITNESS AND THAT THE READING AND SIGNING OF THE 12 hand. Do you, Karen Rudolph, swear or affirm to 13 COMPLETED TRANSCRIPT BY THE WITNESS IS NOT WAIVED. 13 tell the truth, the whole truth, and nothing but the 14 14 truth, so help you God? 15 15 THE WITNESS: I do. 16 16 COURT REPORTER: All right. Counsel, you may 17 17 begin. 18 18 DIRECT EXAMINATION 19 19 BY MR. LUTHER: 20 20 Q Good morning. 21 21 A Good morning. 22 22 Q > We met a moment ago. My name is Gregg Luther. 23 23 I'm one of the lawyers, along with Marjorie Chalfant, 24 24 for Susan Hodge, the plaintiff in this case. You're 25 25 aware of that, right? Page 6 Page 8 PROCEEDINGS A Uh-huh. COURT REPORTER: Can everybody state their -- Q You're aware that you're one of the defendants state and spell your name for the record? in this case? MR. LUTHER: Spell? A Yes. COURT REPORTER: Just -- well, I think I have Q. Okay. Have you ever given a deposition the spellings. That should be all right. before? MR. LUTHER: Gregg Luther and Marjorie Chalfant A Yes. for plaintiff, along with plaintiff Susan Hodge. Q. Okay. First, tell us your full name. MR. BROWN: Bowen Brown, on behalf of the A. Karen Louise Rudolph. 10 witness. 10 Q_ Was your name -- your last name Rudolph in 11 THE WITNESS: Karen Rudolph, witness. 11 June of 2016? 12 MS. SEGURA: Laura Segura, on behalf of 12 A Wait. You're like -- yes. 13 Bayfront Health Port Charlotte. 13 Q. Okay. I'm not trying to trick you. 14 MR. WATSON: Mark Watson -- 14 A_ No. I couldn't remember what year I got 15 MR. RISSMAN: David Rissman, on behalf Dr. 15 married and I got divorced. 16 Jarrah 16 Q_ Sure. So you've given a deposition before, so 17 MR. WATSON: Mark Watson, on behalfof Dr. 17 you understand that we're asking questions and you're 18 Kartis. 18 giving answers. I'm a little different than most 19 COURT REPORTER: All right. Thank you so much. 19 lawyers. I'm not here to try and trick you, or stick 20 Time is now 10:42, we're on the record. We're here 20 words in your mouth, or try and get you to say something 21 today, July 19, 2019, at the Microtel Inns & Suites, 21 that I want you to say. I want to know what you saw, 22 4056 Tamiami Trail, Port Charlotte, Florida 33952 22 what you remember, what you know, what you heard, and 23 for the purposes of the recording -- recording the 23 that information, okay? 24 deposition of Karen Rudolph in the matter of Susan 24 A Okay. 25 Hodge, Plaintiff v. Port Charlotte HMA, LLC doing 25 Q If I ask a question that doesn't make sense, CourtScribes, Inc. (2) Pages 5-8 SUSAN HODGE, SURVIVING SPOUSE v. ORIGINAL TRANSCRIPT KAREN RUDOLPH PORT CHARLOTTE HMA, LLC, et al. July 19, 2019 Page 9 Page 11 you've got the right to fully understand it before you was November, so probably 1990. answer. So I don't care how many times you ask me to Q Okay. When did you first get privileges at clarify, I'm going to help you out until you understand Bayfront as a nurse practitioner? the question and give an answer, okay? A Shortly after I passed my boards. A Okay. Q 2010-ish? Q This is not an endurance contest. So at any A Yes. time, if you need to take a break just ask and we can do Q Okay. Did they give you -- did Bayfront give so. The only thing I would require is that if there is you a copy of the by-laws? a question on the table, I want to get an answer to that A_ Not by-laws, but with your renewals every two 10 question before we take a break, fair enough? 10 years -- the paperwork you have to fill out, they do 11 A Fair enough. 11 have a list of things that you're allowed to do, and 12 Q Allright. So tell us about your prior 12 it's checked off. If you want to add anything, you can, 13 experience giving a deposition. How many times have you 13 then it goes to the board for review. So no actual by- 14 done that? 14 laws just -- 15 A Once, and I wasn't a witness -- I wasn't a 15 Q. Okay. 16 defendant. I had to answer a few questions on a patient 16 A -- just duties. 17 telling me he was sick. 17 Q_ Did Bayfront give you any rules or 18 Q. Okay. That's the only time you've given sworn 18 regulations? 19 testimony? 19 No. 20 A Yes. 20 Did Bayfront give you any policies? 21 Q. Okay. Tell us about your education and 21 No. 22 training? 22 Did Bayfront give you any protocols? 23 A I'm originally an operating room technician -- 23 No. 24 surgical tech. I went to Mount Aloysius Junior College 24 Did Bayfront give you any guidelines? 25 in '82 to '83 for that, then from '83 to '86 for RN. And 25 None other than the list of what I'm Page 10 Page 12 after that, I graduated in '86 and moved to Florida. I credentialed to do and what nurse practitioners are. started working at Saint Joseph's Hospital in the Q_ Did Bayfront give you any training? operating room. I was circulator and charge nurse there A No. for three years. And then I got hired by Dr. Jarrah, Q I'm going to mark this as Exhibit 1 and I'll and I've been working for him for 30 years. And in ask you to identify that for us, please. Do you know 2004, I went back to college. I went to USF in Tampa what that is? and graduated in 2009 and sat for my boards in 2010 for (EXHIBIT 1 MARKED FOR IDENTIFICATION) adult nurse practitioner. A Yes. Q. Okay. Is there a master's in there somewhere? Q Allright. Tell us what that is? 10 A Yes. 10 A This is for -- it's a renewal of your 11 Q Okay. When was that? 11 privileges every two years. And then they have approved 12 A That's the nurse practitioner's master's. 12 core duties, and if you want any others you add onto it. 13 Q > Okay. All right. And you passed your boards 13 And then the state requires a collaborative practice 14 on your first time? 14 agreement between a nurse practitioner and a physician, 15 A Yes. 15 and that's what the rest of that is. 16 Q_ And so how long have you been board-certified? 16 Q_ Okay. Who prepares Exhibit 1? 17 A. Since I passed boards, February of 2010. 17 MR. BROWN: Form. 18 Q_ And you've always worked for Dr. Jarrah since 18 A I-- 19 you've been a nurse practitioner? 19 MS. SEGURA: Join. 20 A Yes. 20 MR. BROWN: You can answer if you know. 21 Q. Okay. How long did you have privileges at 21 I don't know. 22 Bayfront Hospital? 22 Who gives it to you? Who gives you Exhibit 1? 23 A Since the year I started to work for him, I 23 It's e-mailed. 24 had privileges as a RN to see patients and also to 24 Okay. From? 25 assist him in surgery. So that was 1989 -- well, that 25 My daughter that tells me when it's there. I'm CourtScribes, Inc. (3) Pages 9 - 12 SUSAN HODGE, SURVIVING SPOUSE v. ORIGINAL TRANSCRIPT KAREN RUDOLPH PORT CHARLOTTE HMA, LLC, et al. July 19, 2019 Page 13 Page 15 -- I don't know if it comes from the medical staff or 1 A Yes. they have a company that does it. 2 Q Allright. And nobody at Bayfront ever told Q Does it come from Bayfront Health or does it 3 you our by-laws or our rules and regulations say that come from another company? 4 only physicians can do consults? A I'm not sure. 5 A No. Q. Okay. But you just get it in e-mail? MS. SEGURA: Object to form. A Uh-huh. Yes. Q. Okay. In fact, they called you and asked you Q Allright. I looked through Exhibit 1 before 8 to come do them, right? That's been your testimony? I came here and I didn't find anywhere where you had A. They have called me. Yes. 10 privileges to do consultations. 10 MS. SEGURA: Object to form. 11 A Ido. 11 Q Yeah. As we sit there's -- just so we clear 12 Q You do? 12 this up. You can remember specific instances in your 13 A Yes. 13 mind where people from Bayfront have called you -- not 14 Q Okay. Can you show us where that is? 14 Dr. Jarrah -- called you and asked you to come do a 15 A I don't see it specifically written, which it 15 consult on a patient? 16 should be. But the majority of what's approved couldn't 16 MS. SEGURA: Object to form. 17 be done if you didn't assess and see the patient 17 A. They usually call the office. They call the 18 personally. 18 consult in if they needed seen -- need the patient seen 19 Q Let me ask you this: Has anybody at Bayfront 19 quickly. If it's routine, they'll just call it in 20 ever told you that you have privileges to do 20 routine. If they need them seen quickly and Dr. 21 consultations? 21 Jarrah's not in the office, then they will ask my office 22 MS. SEGURA: Object to form. 22 to get me. So that I know about it, to see if I'm 23 A. Told me? I guess I'd have to say no. I can't 23 available. 24 remember anybody telling me. 24 Q_ Okay. So let's split this hair down to an 25 Q Okay. Have you ever read any document that 25 understanding so that I know, before I leave here, how Page 14 Page 16 says you can do consultations at Bayfront? it really happens. I take it, then, that nobody A Yes. actually calls you from Bayfront and says we need you, Q Okay. Where are we going to find that Karen Rudolph, nurse practitioner, to come do a consult? document? The employees of Bayfront? A I would have to call medical staff. Just anybody from Bayfront -- Q Okay. So who would you call at medical staff? Okay. No. A Susanne Walters or her assistant. -- like you said, ER doctors, anyone? Q_ Okay. Do you know the difference between an No. They usually call the office or -- exam and a consult, right? Okay. So -- 10 A Ofcourse. 10 -- answering service. 11 Q_ Okay. So has anybody at Bayfront ever called 11 So that's Dr. Jarrah's office or Dr. Jarrah's 12 you and asked you to come do a consult on a patient? 12 answering service, right? 13 MS. SEGURA: Object to form. 13 A Correct. 14 A Yes. 14 Q Okay. And then there have been times where 15 Q_ Who? 15 you have gone over to do the consult without -- not 16 A Nursing staff, ER physicians, primary care 16 assisting Dr. Jarrah, but you went on your own and did 17 physicians, specialists, surgeons. 17 the consult at Bayfront, right? 18 Q_ How long has that been going on that you've 18 A Correct. 19 been called to do consults on patients by people from 19 MS. SEGURA: Object to form. 20 Bayfront? 20 Q Okay. How long has that been going on? 21 MS. SEGURA: Object to form. 21 A. Since I have my ARNP. 22 A Since I -- 22 Q And every year when you -- you have to reapply 23 MS. SEGURA: Go ahead. 23 -- did you say every two? 24 A Since I had my ARNP. 24 A Yeah. 25 Q_ Since 2010 or so? 25 Q_ So every two years when you reapplied, nobody CourtScribes, Inc. (4) Pages 13 - 16 SUSAN HODGE, SURVIVING SPOUSE v. ORIGINAL TRANSCRIPT KAREN RUDOLPH PORT CHARLOTTE HMA, LLC, et al. July 19, 2019 Page 17 Page 19 at Bayfront ever told you that you can't do that, or we afternoon, you became aware of a patient in Bayfront have some secret document that says only doctors can do that was Dr. Kartis's patient? consults? A Correct. A Correct. Q. Okay. What else did you know about him? MS. SEGURA: Object to form. A_ Nothing. MR. BROWN: Join. Q_ Did you call over to Dr. Kartis's office to Q Allright. Let's talk about Michael's case. get the chart? What do you -- what's the first thing you remember about A Notat that time. Michael Hodge? First time you heard of him? Q_ Did anybody from Dr. Jarrah's office call over 10 A. Was in my office when we -- apparently, 10 there? 11 because it didn't come from the answering service, 11 A Notat that time. Before I saw the patient or 12 someone called the office with a consult. That was the 12 after I saw the patient? 13 first time I've -- I heard of his name. 13 Q Before you saw him. 14 Okay. Do you remember what day that was? 14 A No. 15 On Monday. 15 Q Allright. Did anybody call Dr. Kartis's 16 Okay. Monday the 20th of June? 16 office, ever, to get the chart? 17 20th. Yes. 17 A I believe the hospital did. 18 Okay. What time of day? 18 Q Okay. What do you base that on? Your belief? 19 Well, I'm guesstimating that by some of the 19 A When I saw the patient, I had requested the 20 hospital records I read, the consult was called to Dr. 20 films and the reports on the CTA from Millennium -- of 21 Kartis between 1:30 and 2:00. Somebody would have had 21 which I called -- and I had the charge nurse and the 22 to find out that Dr. Jarrah was covering him. So my 22 unit secretary calling Dr. Kartis's office for any 23 best guesstimate would be anytime from 2:00 to 4:30. 23 notes. 24 Q You tell us you're guessing. You don't 24 Q Okay. And you tell us that from memory or is 25 remember? 25 that written down somewhere that you asked the charge Page 18 Page 20 A. The exact time? No. nurse and the unit secretary? Q Fair enough. And then just tell me if you A. That's just from memory. don't remember. It's not a memory contest, but if you Q_ Okay. Who was the charge nurse that you asked know, I want to know, and if you don't know, just tell to call Dr. Kartis's office? me, okay? A [couldn't tell you her name. She's not there A Okay. anymore, but I don't recall the name. She just happened Q So somewhere in that time frame, though, why to be sitting at the desk, which was unusual. is it you can put it as late as 4:30? Q_ And who was the unit secretary? A. Because on Mondays I typically don't stay late A I don't know her name. 10 because I stay late most other days. So I don't stay 10 Q Okay. But you have a vivid memory -- I mean, 11 late. And at that particular day, I couldn't stay late, 11 you'd swear on the Bible, right? That you told somebody 12 so I would have had to have seen the patient -- gotten 12 with the hospital to get with Dr. Kartis and get his 13 done with my consult before I left. 13 chart on the evening of June 20th? 14 Q > Okay. How is it that you know you couldn't 14 MR. BROWN: Objection. Motion to strike. She's 15 stay late? 15 already sworn to tell the truth here, and she's 16 A. My granddaughter was just a few months old, 16 already answered the question. Go ahead. 17 and the girl who was babysitting had obligations two 17 MS. SEGURA: Join. 18 days a week for three months, so I took over the slack 18 BY MR. LUTHER: 19 on Mondays and Fridays. I had to have her picked up. 19 A Yes. 20 Q Okay. So what time did you have to have your 20 Q. Okay. Fair enough. They're doing their job. 21 granddaughter picked up on Monday? 21 That's lawyer talk. 22 A By 5:15. 22 A Okay. Okay. 23 Q_ Which meant you had to leave around when? 23 Q They're supposed to do that. All right. Do 24 A. Five until 5:00, ten until 5:00. 24 you have a memory of going into Michael's room to do the 25 Q. Okay. So that Monday, sometime in the 25 consult on the 20th? CourtScribes, Inc. (5) Pages 17 - 20 SUSAN HODGE, SURVIVING SPOUSE v. ORIGINAL TRANSCRIPT KAREN RUDOLPH PORT CHARLOTTE HMA, LLC, et al. July 19, 2019 Page 21 Page 23 A Yes. Okay. Did you look in his eyes at all? Q. Okay. Tell us what you remember? Yes. A When I got there, I had -- there's nothing in All right. What'd you see? charts anymore these days, so I looked on the computer. Pupils were equal and reactive. The only thing that was on there was the ER notes, so I Okay. What's that tell you? really didn't have much information. So when I His sensorium was intact. He was evaluated him, his wife was at the bedside. He'll neurologically stable. explain the situation, what had happened in the morning, Q Okay. So after that ten minutes -- well, that he had called her while she was driving and had to let's stop before I move forward. I always want to get 10 come back. And that was -- when I saw him, he was 10 ahead of myself. You said you looked at the chart and 11 asymptomatic. They had told me that he was diagnosed 11 there's nothing in the chart? 12 with severe bilateral carotid stenosis, was to undergo 12 A Correct. 13 surgery the following week. And the vital signs were 13 Q. Or you said, "Nothing in the chart these 14 stable and he was asymptomatic at that moment. 14 days." So there's a paper chart? 15 Q_ Okay. So "asymptomatic," that means no signs 15 A There is. 16 or symptoms of something going bad? 16 Q. And where is that? 17 Correct. 17 A At the nurse's station. 18 All right. Things were normal? 18 Q > Okay. So did you look at that before you went 19 Correct. 19 into his room and examined him? 20 Heartbeat, blood pressure? 20 A Yes. 21 Correct. 21 Q_ Okay. And so what was in the paper chart? 22 How long did you spend in his room? 22 A. Tonly saw a face sheet. 23 I'm guesstimating -- and this would just be a 23 Q_ Were there any nurse's notes with the vital 24 guess -- until I examined him, spoke with the wife, 24 signs? 25 maybe ten minutes. 25 A No. Page 22 Page 24 Q Okay. Did you speak to Michael? Q. Any notes from hourly rounds? A Yes. A Ididn't see anything. Q All right. What'd you talk about with him? Q. How were -- in June of 2016, how were the A Asked him how he was feeling, his symptoms, nurses! assessments recorded at the hospital? what had happened in the morning. MS. SEGURA: Object to form. Q > And what do you remember he said in response? A I'm not sure if they did complete computer or A. That he got up. He was confused, very they also did some paper. I'm not sure. unsteady. He said he kind of leaned up against the wall Q_ Okay. Have you looked at the chart in this and he could feel himself going down, and that's when he case? 10 called his wife. 10 A I looked at some of it. Yes. 11 Q Did you take his hand for any reason? 11 Q. Okay. Did you look at the nursing 12 A Probably to check pulses. 12 assessments? 13 Q All right. And pulses were normal? 13 A Yes. 14 A Yes. 14 Q_ Do you remember that they were handwritten? 15 Q All right. Where else besides maybe the wrist 15 A Idid see a few handwritten notes. 16 did you check pulse? 16 Q_ Okay. Did you see any electronic nurse notes 17 A I listened to the carotids for a bruit. 17 -- nurse assessments? 18 Q_ What'd you hear? 18 A I don't recall. I don't believe so. 19 A_ Bilateral bruit. 19 Q Allright. When did Bayfront Port Charlotte 20 Q Allright. What's a bruit sound like? 20 start using electronic nursing assessment notes? 21 A It's like a blood flowing through a -- tell 21 A I don't know. 22 when you, kind of, get a -- it's -- you just know the 22 MR. BROWN: Form. 23 sound. Like it's, blood's trying to go through 23 Q_ So you found a face sheet and nothing else in 24 someplace but it's not going through easily, so you have 24 the paper chart? 25 this, kind of, wishy-washy sound. 25 MS. SEGURA: Object to form. CourtScribes, Inc. (6) Pages 21 - 24 SUSAN HODGE, SURVIVING SPOUSE v. ORIGINAL TRANSCRIPT KAREN RUDOLPH PORT CHARLOTTE HMA, LLC, et al. July 19, 2019 Page 25 Page 27 A Correct. Nothing I can remember. carotid ultrasound was ordered. So I called radiology Q. Okay. There weren't -- you didn't see any and it hadn't been done yet. faxed records from Dr. Kartis's office? Q_> When was it ordered? A No. A. According to the chart, somewhere around 1:30, Q 18 or so pages? 2:00. A No. Q_ And what time were you looking to see and Q_ Then you told us you looked on the computer. found that it wasn't done? Was that also before you went into Michael's room? A IT would have -- A Yes. MS. SEGURA: Object to form. 10 Q Allright. So did you look on the computer at 10 A As I said, I would've been there once we got 11 the nurse's station? 11 the consult, which would have been anywhere from 2:30 to 12 A Yes. 12 4:30. 13 Q_ Do you have the availability, or did you in 13 Q Allright. Did you talk to anybody in 14 June of 2016, to have the ability to look at the 14 radiology and ask them why it wasn't done yet? 15 computer from your office? 15 MS. SEGURA: Object to form. 16 A No. 16 MR. BROWN: Form. 17 Q Allright. So when you looked on the 17 A Ijust talked to the technician when I called 18 computer, you told us you saw emergency department 18 the ultrasound lab. 19 notes, right? 19 Q. Okay. 20 A Yes. 20 A And she said it hadn't been done yet. 21 Q. And anything else on there? 21 Q_ And did you get any other information like 22 A No. 22 when it was going to be done? 23 MS. SEGURA: Object to form. 23 A When they got to it. 24 Q_ Were there no lab results? 24 Q_ Okay. Is there a way things can be ordered to 25 A I looked at those on the computer. 25 be done quicker? Page 26 Page 28 Q. Okay. So you looked at -- just so I'm clear Yes. with the question, I'm asking you about what you saw on What do you call that? the computer? "Stat." A. They were on the -- they were with the ER Was Michael's carotid ultrasound ordered stat? note. No. Q. Okay. Fair enough. But there -- is there a Do you have the ability to change an order separate tab you can click to go look at just lab from just "do it when you get to it" to "stat"? results? A Yes. A There is now. I don't know if there was then. Q. Okay. Did you change that order? 10 Q Fair enough. So let me just ask this: Other 10 A She then -- they did -- then called the floor 11 than emergency room notes, was there anything else that 11 and said they would be coming for him. 12 you looked at on the computer before you went into 12 Q_ Okay. So it was going to get done? When you 13 Michael's room? 13 left that night, you had an expectation it was going to 14 A No. 14 get done that night? 15 Q > Okay. And then you spent ten or so minutes in 15 A Correct. 16 his room. What'd you do next after that? 16 MS. SEGURA: Object to form. 17 A_ I went out to the nurse's station, asked the 17 Q. Okay. I'm not trying to put words in your 18 unit secretary and nurse to please get the -- any 18 mouth. You just tell me when I'm wrong, okay? 19 information they could from Dr. Kartis and from 19 A Okay. 20 Millennium. I called Millennium, their Radiology 20 Q_ So -- and then we'll get to what really 21 Department, and had to leave a voice message because 21 happened, but -- what did you use to make these phone 22 Joanne (phonetic) didn't answer and told her that I was 22 calls on the 20th? 23 at Bayfront and I needed a copy of the CD and the 23 A What phone calls? 24 reports, and that Bayfront would be getting there -- in 24 Q You called radiology -- 25 touch with her to get it for me. I also did see that a 25 A Yes. CourtScribes, Inc. (7) Pages 25 - 28 SUSAN HODGE, SURVIVING SPOUSE v. ORIGINAL TRANSCRIPT KAREN RUDOLPH PORT CHARLOTTE HMA, LLC, et al. July 19, 2019 Page 29 Page 31 -- and you called Millennium. Q I'm going to hand you Exhibit 2, which is Millennium. Bates stamp BH -- Yeah. What -- were you using your cell phone? MR. LUTHER: Is it "B"? -- BHP? No. (EXHIBIT 2 MARKED FOR IDENTIFICATION) What phone were you using? MS. SEGURA: Bayfront Health Port Charlotte. The phone at the nurse's station. BY MR. LUTHER: Okay. Anybody else that you called after Q_ Anyway, they're the Bates stamped numbers 14 seeing Michael? through 17, marked as Exhibit 2. If you would take a A_ No. Other than speaking with my boss, Dr. look at that for us. 10 Jarrah. 10 A. That's my consult. Okay. 11 Q_ Okay. So you talked to him by phone, or did 11 Q Do you -- can you identify what that is? 12 you speak face-to-face? 12 A Yes. That's my dictated consultation. 13 A I'm not sure if] called him or I went back to 13 Q. Okay. Does it tell us what time it's 14 the office before I left that day. I honestly can't say 14 dictated? 15 if I called or if I went back to the office. 15 A Yes. 16 Q_ Okay. Do you remember having that 16 Q W