Party Discovery: BURG, DEBORAH A vs. WEST FLORIDA PHYSICIANS NETWORK, LLC

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                                Filing # 111089966 E-Filed 07/3 1/2020 10:49:28 AM



                                                                                           IN THE CIRCUIT COURT OF THE
                                                                                           20 JUDICIAL COURT IN AND
                                                                                           FOR CHARLOTTE COUNTY,
                                                                                           FLORIDA

         DEBORAH COOPER BURG, by and through her                                           GENERAL JURISDICTION DIVISION
         Court-appointed Guardian, RICKY BURG; NICOLE
         BURG, her daughter; and RICKY BURG, her                                           CASE NO. 2020-000616 CA
         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.; NANDINI KIRI;
         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.
                                                                         /
                      PLAINTIFFS’          FIRST      RE    EST FOR PROD           IN TO                        DEFENDANT
                                                      NANDINI KIRI, M.D., P.A.
                                                 (Served with Complaint for Damages)

                   Pursuant      to Florida        Rules      of Civil       Procedure          1.350(b),    the     Plaintiffs,   DEBORAH

         COOPER BURG, by and through her Court-appointed Guardian, RICKY BURG; NICOLE BURG,

         her daughter; and RICKY BURG,                     her spouse, by and through their undersigned attorneys,

         request Defendant, NANDINI KIRI, M.D., P.A., to produce for inspection and/or copying at

         the office of DEUTSCH              BLUMBERG          & CABALERO,            P.A., New World Tower, Suite 2802, 100



                                                              & Caballero,                PH,
                              NEW WORLD TOWER > 100, BISCAYNE BOULEVARO, SUITE 2602 - MIAN, FLORIDA 93152 » TEL (305) 958-6329
Deborah Cooper Burg, et al. v. West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 2


North Biscayne Boulevard, Miami, FL 33132, during the business day on or before forty-five

(45) days after date of services, the following:

         1   All statements, bills, and other evidence of expenses incurred by                                               Plaintiff,
             DEBORAH COOPER BURG, for services provided for all dates of service.

             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.

             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,

             Any and all contracts and agreements between you and any other individual or
             entity, including but not limited to, Defendant NANDINI KIRI 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.

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

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

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

             Copies of any and all records relating to any adverse medical incidents                                      involving
             Defendant NANDINI KIRI 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.




                                                   d&: Caballive,:
                   NEW WORLD TOWER > 100, BISCAYNE BOULEVARO, SUITE 2602 - MIAN, FLORIDA 93152 » TEL (305) 958-6329
Deborah Cooper Burg, et al. v. West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 3


         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.

         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.

         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.

         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.

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

         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.

         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.

         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.

         17.A copy of Defendant NANDINI KIRI’S Curriculum Vita.




                                                   d&: Caballive,:
                   NEW WORLD TOWER > 100, BISCAYNE BOULEVARO, SUITE 2602 - MIAN, FLORIDA 93152 » TEL (305) 958-6329
Deborah Cooper Burg, et al. v. West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 4




                                            CERTIFICATE OF SERVICE

       WE HEREBY CERTIFY that a true and correct copy hereof has been served upon the
Defendant simultaneously with the Summons,            Complaint for Damages, Notice of
Designation of E-mail Addresses, and Interrogatories.


                                                           DEUTSCH BLUMBERG
                                                           & CABALLERO, P.A.
                                                           Attorneys for Plaintiffs
                                                           New World Tower, Suite 2802
                                                           100 North Biscayne Boulevard
                                                           Miami, Florida 33132
                                                           Telephone:         305-358-6329
                                                           Telecopier:        305-358-9304
                                                           Email: erb@deutschblumberg.com


                                                           By:         s/Edward R. Blumberg
                                                                      EDWARD R. BLUMBERG, ESQ.
                                                                      Florida Bar No. 190870
                                                                      Cosme Caballero, Esq.
                                                                      Florida Bar No. 90937
                                                                      Robert E. Blumberg, Esq.
                                                                      Florida Bar No. 111371




                                                   d&: Caballive,:
                   NEW WORLD TOWER > 100, BISCAYNE BOULEVARO, SUITE 2602 - MIAN, FLORIDA 93152 » TEL (305) 958-6329