On July 08, 101 a
Party Discovery
was filed
involving a dispute between
Burg, Deborah A,
Burg, Nicole,
Burg, Rick,
and
Bruner, Susan,
Criss, Cathy,
Domingo E. Galliano, Jr., P.A.,
Fawcett Memorial Hospital, Inc.,
Galliano, Domingo J,
Harbor Medical Group, Llc,
Joseph, Sovi,
Kamal, Ahsan,
Kiri, Nandini,
Life Care Physician Services, Llc,
Maloney, Vance 3,
Millennium Physician Group, Llc,
Nandini Kiri, M.D., P.A.,
Punta Gorda Medical Investors, Llc,
Rioux, John,
Rodriguez-Martin, Arturo,
Rodriguez-Martin, M.D., P.L., Arturo,
Sovi Joseph, M.D., P.A.,
Utech, Abigail,
Weerasinghe, Dilendra,
West Florida Physicians Network, Llc,
for Medical Malpractice
in the District Court of Charlotte County.
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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
ABIGAIL UTECH
(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, ABIGAIL UTECH, to produce for inspection and/or copying at the office
of DEUTSCH BLUMBERG & CABALERO, P.A., New World Tower, Suite 2802, 100 North
& 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
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 FAWCETT MEMORIAL HOSPITAL,
INC. d/b/a FAWCE 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 ABIGAIL UTECH.
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 ABIGAIL UTECH 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 Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCE
MEMORIAL HOSPITAL'S 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 Defendant FAWCETT MEMORIAL
HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL in compliance with the
Metabolic and Bariatric Surgery Accreditation and Quality Improvement
Program.
17.A copy of your 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