Preview
Filing # 135974945 E-Filed 10/05/2021 05:49:38 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR OSCEOLA COUNTY, FLORIDA
VIVIAN CORTEZ DOMINGUEZ, CASE NO. 2021 CA 001958 MP
Plaintiff,
vs.
JUAN JAVIER OMANA, MD,
FLORIDA HOSPITAL MEDICAL GROUP
d/b/a ADVENTHEALTH MEDICAL GROUP GENERAL SURGERY AT KISSIMMEE,
and ADVENTIST HEALTH SYSTEM/SUNBELT, INC.
d/b/a ADVENT HEALTH KISSIMMEE,
Defendants.
/
PLAINTIFF’S FIRST REQUEST TO PRODUCE TO
DEFENDANT, ADVENTHEALTH GENERAL SURGERY
COMES NOW The Plaintiff, VIVIAN CORTEZ DOMINGUEZ, by and through her
undersigned attorney and pursuant to Fla.R.Civ.P. § 1.350, and requests the Defendant,
FLORIDA HOSPITAL MEDICAL GROUP d/b/a ADVENTHEALTH MEDICAL GROUP
GENERAL SURGERY AT KISSIMMEE, hereafter “AdventHealth General Surgery”, to
produce for inspection and copying at the Law Offices of Pete Placencia, 13825 US Highway 19,
Suite 305, Hudson, Florida 34667 within forty-five (45) days of service, the documents listed
below.
INSTRUCTIONS
As used herein, the terms, “document” and “documents” include, but are not limited to,
all paper material of any kind, whether written, typed, printed, punched, filmed or marked in any
way; recording tapes or wires, film, photographs, analogue and/or digital video recordings,movies or any graphic matter however produced or reproduced; and all mechanical or electronic
sound recordings or transcripts thereof.
As used herein, the term “document” and “documents” includes but is not limited to,
correspondence, writings, drawings, drafts, charts, photographs, checks, mortgages, indentures,
warranty deeds, financing statements, promissory notes, indemnity or hold-harmless agreements,
approved plans, assignments, invoices, timesheets, listings with brokers, memoranda, files,
worksheets, contracts, recordings, tapes, modification agreements, mergers, telephone memos,
whether they be handwritten, typed or otherwise reproduced.
If the production of any document is withheld pursuant to claim of privilege or pursuant
claims of the work product doctrine, it is requested that you provide, in lieu of production, the
following identifying information:
(a) the date of such document:
(b) the name or title of such document;
(c) the author thereof;
(d) the addressee or recipient;
(e) the name of all persons who received the original or a copy of the document;
(f) a brief description of the subject matter and the form of the document and
attachments, if any, including the number of pages; and
(g) a statement of the basis upon which the privilege is claimed.
As used herein, the terms “you” or “your” refer to Defendant, AdventHealth General
Surgery, its predecessors, or successors, its agents, employees, servants or representatives, and
unless privileged, its attorneys.n
An unredacted copy of all policies of insurance which AdventHealth General Surgery
contends cover or may cover it for the allegations set forth in Plaintiffs Complaint,
including declarations pages setting forth coverage limits and amounts of coverage.
An unredacted copy of any contracts or agreements between AdventHealth General Surgery,
Advent Health Kissimmee, or any affiliated companies and Juan Javier Omana, MD.
An unredacted copy of any AdventHealth General Surgery policies, procedures or protocols
for an axillary mass excisional biopsy in effect on March 9, 2019
An unredacted copy each and every document that relates to AdventHealth General Surgery’s
policies and procedures involving health care quality improvement, risk management, peer
review, handling of adverse medical incidents, and credentialing issues in effect on March 9,
2019.
An unredacted copy of each and every document that relates to AdventHealth General
Surgery’s policies and procedures involving health care quality improvement, risk
management, peer review, handling of adverse medical incidents. and credentialing issues in
effect on March 9, 2019.
An unredacted copy of each and every AdventHealth General Surgery policy and procedure
relating to the rules to be followed in the investigation of adverse medical incidents, medical
mistakes, medical negligence, intentional misconduct, incidents of neglect, incidents of default
and similar situations that cause or could cause injury or death to a patient in effect on March 9,
2019.10.
11.
An unredacted copy of each and every “Incident Report” or other document that in any way
relates to AdventHealth General Surgery’s investigation or review of the incident regarding
Vivian Cortez Dominguez.
An unredacted copy of each and every document relating to any and all medical incidents,
medical negligence, neglect, or default of any health care provider evaluating and/or treating
Vivian Cortez Dominguez.
An unredacted copy of any and all minutes of the quality assurance committee, the risk
management committee, the credentialing committee and any other similar committee in which
was discussed any aspect of Vivian Cortez Dominguez’s care and treatment.
An unredacted copy of all risk management records made or received in the course of business
relating to the investigation, reporting or review of the injury to Vivian Cortez Dominguez,
which is the subject matter of this action.
An unredacted copy of all peer review records made or received in the course of business
relating to the investigation, reporting or review of the injury to Vivian Cortez Dominguez.
which is the subject matter of this action.
. Anunredacted copy of all quality assurance records made or received in the course of business
ating to the investigation, reporting or review of the injury to Vivian Cortez Dominguez,
which is the subject matter of this action.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing has been served with
the Summons and Complaint.CASE NO. 2021 CA 001958 MP
f CE
Pefe Placericia, Esquire
Florida Bar Number: 0625541
Law Offices of Pete Placencia, PL
13825 US Highway 19, Suite 305
Hudson, Florida 34667
(407) 847-4500
Attorney for Plaintiff
Preview
Filing # 135974945 E-Filed 10/05/2021 05:49:38 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA VIVIAN CORTEZ DOMINGUEZ, CASE NO. 2021 CA 001958 MP Plaintiff, vs. JUAN JAVIER OMANA, MD, FLORIDA HOSPITAL MEDICAL GROUP d/b/a ADVENTHEALTH MEDICAL GROUP GENERAL SURGERY AT KISSIMMEE, and ADVENTIST HEALTH SYSTEM/SUNBELT, INC. d/b/a ADVENT HEALTH KISSIMMEE, Defendants. / PLAINTIFF’S FIRST REQUEST TO PRODUCE TO DEFENDANT, ADVENTHEALTH GENERAL SURGERY COMES NOW The Plaintiff, VIVIAN CORTEZ DOMINGUEZ, by and through her undersigned attorney and pursuant to Fla.R.Civ.P. § 1.350, and requests the Defendant, FLORIDA HOSPITAL MEDICAL GROUP d/b/a ADVENTHEALTH MEDICAL GROUP GENERAL SURGERY AT KISSIMMEE, hereafter “AdventHealth General Surgery”, to produce for inspection and copying at the Law Offices of Pete Placencia, 13825 US Highway 19, Suite 305, Hudson, Florida 34667 within forty-five (45) days of service, the documents listed below. INSTRUCTIONS As used herein, the terms, “document” and “documents” include, but are not limited to, all paper material of any kind, whether written, typed, printed, punched, filmed or marked in any way; recording tapes or wires, film, photographs, analogue and/or digital video recordings,movies or any graphic matter however produced or reproduced; and all mechanical or electronic sound recordings or transcripts thereof. As used herein, the term “document” and “documents” includes but is not limited to, correspondence, writings, drawings, drafts, charts, photographs, checks, mortgages, indentures, warranty deeds, financing statements, promissory notes, indemnity or hold-harmless agreements, approved plans, assignments, invoices, timesheets, listings with brokers, memoranda, files, worksheets, contracts, recordings, tapes, modification agreements, mergers, telephone memos, whether they be handwritten, typed or otherwise reproduced. If the production of any document is withheld pursuant to claim of privilege or pursuant claims of the work product doctrine, it is requested that you provide, in lieu of production, the following identifying information: (a) the date of such document: (b) the name or title of such document; (c) the author thereof; (d) the addressee or recipient; (e) the name of all persons who received the original or a copy of the document; (f) a brief description of the subject matter and the form of the document and attachments, if any, including the number of pages; and (g) a statement of the basis upon which the privilege is claimed. As used herein, the terms “you” or “your” refer to Defendant, AdventHealth General Surgery, its predecessors, or successors, its agents, employees, servants or representatives, and unless privileged, its attorneys.n An unredacted copy of all policies of insurance which AdventHealth General Surgery contends cover or may cover it for the allegations set forth in Plaintiffs Complaint, including declarations pages setting forth coverage limits and amounts of coverage. An unredacted copy of any contracts or agreements between AdventHealth General Surgery, Advent Health Kissimmee, or any affiliated companies and Juan Javier Omana, MD. An unredacted copy of any AdventHealth General Surgery policies, procedures or protocols for an axillary mass excisional biopsy in effect on March 9, 2019 An unredacted copy each and every document that relates to AdventHealth General Surgery’s policies and procedures involving health care quality improvement, risk management, peer review, handling of adverse medical incidents, and credentialing issues in effect on March 9, 2019. An unredacted copy of each and every document that relates to AdventHealth General Surgery’s policies and procedures involving health care quality improvement, risk management, peer review, handling of adverse medical incidents. and credentialing issues in effect on March 9, 2019. An unredacted copy of each and every AdventHealth General Surgery policy and procedure relating to the rules to be followed in the investigation of adverse medical incidents, medical mistakes, medical negligence, intentional misconduct, incidents of neglect, incidents of default and similar situations that cause or could cause injury or death to a patient in effect on March 9, 2019.10. 11. An unredacted copy of each and every “Incident Report” or other document that in any way relates to AdventHealth General Surgery’s investigation or review of the incident regarding Vivian Cortez Dominguez. An unredacted copy of each and every document relating to any and all medical incidents, medical negligence, neglect, or default of any health care provider evaluating and/or treating Vivian Cortez Dominguez. An unredacted copy of any and all minutes of the quality assurance committee, the risk management committee, the credentialing committee and any other similar committee in which was discussed any aspect of Vivian Cortez Dominguez’s care and treatment. An unredacted copy of all risk management records made or received in the course of business relating to the investigation, reporting or review of the injury to Vivian Cortez Dominguez, which is the subject matter of this action. An unredacted copy of all peer review records made or received in the course of business relating to the investigation, reporting or review of the injury to Vivian Cortez Dominguez. which is the subject matter of this action. . Anunredacted copy of all quality assurance records made or received in the course of business ating to the investigation, reporting or review of the injury to Vivian Cortez Dominguez, which is the subject matter of this action. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been served with the Summons and Complaint.CASE NO. 2021 CA 001958 MP f CE Pefe Placericia, Esquire Florida Bar Number: 0625541 Law Offices of Pete Placencia, PL 13825 US Highway 19, Suite 305 Hudson, Florida 34667 (407) 847-4500 Attorney for Plaintiff