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Sample Medical Malpractice Interrogatories Plaintiff

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					           FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANT


       AND NOW comes the Plaintiff by and through her attorneys and propound the

following First Set of Interrogatories Directed to Defendant demanding that Answers be

made under oath within thirty (30) days of service hereof pursuant to Pennsylvania Rules of

Civil Procedure.

       These Interrogatories shall be deemed to be continuing so as to require

Supplemental Answers under oath if the above-named Defendant obtains further

information not contained in the Answers to the following Interrogatories between the time

Answers are served and the time of trial.




                               INTERROGATORIES

      1.    Were you ("you" meaning the defendant individually, or where defendant is an

institution or organization, any agent or employee of defendant) insured at the time of the

incident complained of herein against the risk of loss as claimed? If so, please state:


            (a)    The type of insurance;

            (b)    The name and address of the carrier;

            (c)    The limits of such coverage.


ANSWER:
      2.    Did you have an excess limit policy in force and effect at the time of the incident

complained of herein against the risk of loss claimed? If so, please state the following:


            (a)    The name and address of the carrier writing said policy;

            (b)    The limits of such coverage.


ANSWER:




      3.    Did you have any other type of policy of insurance in force or effect at the time

of the incident complained of covering you against the risk of loss claimed herein? If so,

please state:


            (a)    The type of insurance;

            (b)    The name and address of the carrier;

            (c)    The policy limits of such coverage.


ANSWER:
      4.   Are there any re-insurers on any of the above policies? If so, state the name and

address of such re-insurer(s).

ANSWER:




      5.   At the time of the incident complained of, did you have any umbrella policy

issued to you by any company covering you against the risk of loss claimed herein? If so,

please state the following:


           (a)     The name and address of the carrier;

           (b)     The limits of such coverage.


ANSWER:
     6.    Are there any re-insurers on such policy, and if so, please state the name and

address of such?

ANSWER:




     7.    Of each and every expert you expect to call as a witness at the time of trial,

please provide the following information:


           (a)     Name;

           (b)     His/her qualifications;

           (c)     The subject matter about which the expert will testify;

           (d)     The substance of the facts to which the expert is expected to
                   testify;

           (e)     The opinions to which the expert is expected to testify;

           (f)     A summary of the grounds or basis for said opinion;

           (g)     A complete list and detailed identification of all papers,
                   documents, materials, tissue slides, x-rays, and records reviewed
                   and/or analyzed by said expert and/or supplied to said expert in
                   connection with his/her evaluation of this claim or any part of it
                   in advance of him/her formulating the opinions about which the
                   testimony is expected to be given.

           (h)     A list of any/all texts the expert will rely on as authoritative in
                   support of said opinion.


ANSWER:
      8.    State whether any representative of you or your insurer have conducted any

investigation on your behalf relating to the claim in this action or any defense to said claim.

ANSWER:




      9.    If the Answer to the preceding Interrogatory is "yes," state:


            (a)     The name and address, employer, and job title, position or
                    capacity of the person who conducted each such investigation;

            (b)     The name and address, employer, and job title, position or
                    capacity of the person who requested each such investigation;

            (c)     When each such investigation was requested;

            (d)     When each such investigation was completed;

            (e)     Whether any such investigation resulted in the production of any
                    written reports, notes, memoranda, summaries, or other writings;

            (f)     The name and address, employer, and job title, position or
                    capacity of the person who has custody of any such written
                    reports, notes, memoranda, summaries, or other writings;

            (g)     Pursuant to Rules 4003.1 and 4009 of the Pennsylvania Rules of
                    Civil Procedure, attach a true and correct copy of any such
                    written reports, notes, memoranda, summaries, or other writings
                    to your Answers to these Interrogatories.


ANSWER:
    10.     Have any statements been obtained by you or your attorney(s) or by anyone on

your behalf from any person concerning any matter relating to the within action? If so,

please state:


            (a)    The name and address of the person giving same;

            (b)    The name and address of the person taking same;

            (c)    The date obtained;

            (d)    Whether it is written, oral and/or recorded;

            (e)    If written or recorded and transcribed, the name and address of
                   the present custodian;

            (f)    If a recorded statement has not been transcribed, the name and
                   address of the custodian of the audiotape.


ANSWER:
     11.    Have any witnesses or persons been interviewed by you or your attorneys or by

anyone on your behalf concerning any matter relating to the within action? If so, please

state:
            (a)     The name and address of each witness interviewed;

            (b)     The name and address of each person conducting an interview;

            (c)     The date of such interview;

            (d)     Whether notes, memoranda, or recordings were made during the
                    course of each interview or thereafter relating to same;

            (e)     The name and address of the present custodian of any and all
                    writings or recordings or other documents set forth in Answer to
                    subpart (d) above.


ANSWER:




     12.    Have you given a statement, memo, recorded interview, or any writing to a

representative of an insurance company or other person involving your knowledge of

matters related in any way to this claim? If so, please state:


            (a)     The name and address of such representative and the company
                    represented or other person to whom a statement, memo,
                    recorded interview or writing was given;

            (b)     The date provided;

            (c)     Whether written, oral and/or recorded;
           (d)     If a writing or transcription exists, the name and address of the
                   present custodian;

           (e)     If a recorded statement has not been transcribed, the name and
                   address of the custodian of the audiotape.


ANSWER:




    13.    If you contend that any of the documents, writings, or statements identified in

Answer to Interrogatory numbers 9, 10, 11, or 12 are privileged or otherwise immune from

discovery pursuant to Pennsylvania Rules of Civil Procedure, please set forth in each

instance the rule of law and the specific facts giving rise to the privilege or immunity

claimed and whether any non-privileged information is contained in each said document or

writing.

ANSWER:




    14.    State whether you have the Decedent’s complete medical record from 9/2/2010

through 11/6/2010 available in electronic format.
           (a)     If so, please provide a copy of these records on CD, DVD or flash drive.

ANSWER:
    15.      Please provide an index of all policies and procedures in effect in your facility or

practice during the dates of the incident complained of. (An index is requested in order to

avoid undue burden on responding defendant(s) and allow plaintiff to narrow down the

specific policy or procedure(s) most relevant to this action).

ANSWER:




    16.      State whether there exists an employment agreement(s) and/or contract(s) for

service between answering defendant and any of the other defendants named in the

complaint.

             (a)     If the answer is “yes”, please provide a copy of the agreement(s) and/or
                     contract(s).
ANSWER:




    17.    Please provide a copy of the work schedule(s) of the following individuals from

the time period 11/3/2010 to 11/6/2010:

           (a)



ANSWER:




    18.    Please provide an audio copy of any pages or telephone calls received or made

by the individuals listed in the previous interrogatory, in your possession, related to the care

or treatment of Decedent from the time period 11/3/2010 to 11/6/2010.

ANSWER:
    19.     State whether you have any photographs, films or video recordings relating to

the claim in this action or any defense to said claim.

ANSWER:
    20.     If the Answer to the preceding Interrogatory is "yes," state as to each item;


            (a)     Whether it is a photograph, film or video;

            (b)     When it was made;

            (c)     Where it was made;

            (d)     By whom it was made;

            (e)     What object it shows or portrays;

            (f)     The name and address of the person or party who has possession
                    of it;

            (g)     Pursuant to Rules 4003.1 and 4009 of the Pennsylvania Rules of
                    Civil Procedure, attach a true and correct copy of any such
                    photograph or film to your Answers to these Interrogatories.


ANSWER:




    21.     State whether you have any charts, graphs, recordings, books, or other tangible

things relating to the claim in this action or to any defense of the said claim.

ANSWER:
    22.    If the Answer to the preceding Interrogatory is "yes," state as to each item:


           (a)     The nature of each such tangible thing;

           (b)     As to any chart, graph, recording, or other like tangible thing,
                   state when, where, and by whom it was made;

           (c)     As to any book or other like tangible thing, state the title, author,
                   date of publication, and pertinent section(s);

           (d)     The information or data it contains.


ANSWER:




    23.    Please state the name and address of each and every person known by you to
have knowledge of any facts relating to the within action.
ANSWER:
    24.     State the name and address, employer, and job title, position or capacity of each

and every representative, agent or other servant, agent or employee of any insurance

company with whom you have had any contact concerning the claim in this action or any

defense to said claim.

ANSWER:




    25.     State whether you have obtained from any national indexing service or system,

including, but not limited to, the Cleveland Index Bureau, any credit reporting service or

system, any computerized or other informational reporting service or system, and/or any

insurance carrier, other than that insurance carrier providing coverage for you, any

information pertaining to the patient referred to in the Complaint filed in this action, his/her

condition of health before or after the date of the events complained of, and/or his/her

activities before or after the date of the events complained of.

ANSWER:
    26.     If the Answer to the preceding Interrogatory is "yes," state as to each item:


            (a)     The nature of the information received;

            (b)     The party or entity from whom the information was received;

            (c)     By whom the information was requested;

            (d)     When the information was received;

            (e)     The name and address of the person or party who has possession
                    of the information;

            (f)     Pursuant to Rules 4003.1 and 4009 of the Pennsylvania Rules of
                    Civil Procedure, attach a true and correct copy of any such
                    written information to your Answers to these Interrogatories.


ANSWER:




    27.     State whether you or anyone on your behalf has conducted any investigation of

the patient referred to in the Complaint filed in this action, his/her condition of health before

or after the date(s) of the events complained of, and/or his/her activities before or after the

date(s) of the events complained of.
        ANSWER:
    28.    If the Answer to the preceding Interrogatory is "yes," state:


           (a)     The name and address, employer, and job title, position or
                   capacity of the person who conducted each such investigation;

           (b)     The name and address, employer, and job title, position or
                   capacity of the person who requested each such investigation;

           (c)     When each such investigation was requested;

           (d)     When each such investigation was completed;

           (e)     Whether any such investigation resulted in the production of any
                   written reports, notes, memoranda, summaries, or other writings;

           (f)     The name and address, employer, and job title, position or
                   capacity of the person who has custody of any such written
                   reports, notes, memoranda, summaries, or other writings;

           (g)     Pursuant to Rules 4003.1 and 4009 of the Pennsylvania Rules of
                   Civil Procedure, attach a true and correct copy of any such
                   written reports, notes, memoranda, summaries, or other writings
                   to your Answers to these Interrogatories.


ANSWER:




    29.    State whether the patient referred to in the Complaint filed in this action was

treated at your facility at any time prior to or subsequent to the events complained of, and

continuing to the present.

ANSWER:
    30.      If the Answer to the preceding Interrogatory is "yes," attach a true and correct
copy of your office records for the stated period of time to your Answers to these

Interrogatories, pursuant to Rules 4003.1 and 4009 of the Pennsylvania Rules of Civil

Procedure.

ANSWER:




    31.      State whether there are in existence any records of treatment, other than any

hospital chart(s) and any records referred to in the preceding Interrogatory, which were

prepared by you or on your behalf at any time in connection with the treatment of the patient

referred to in the Complaint filed in this action.

ANSWER:




    32.      If the Answer to the preceding Interrogatory is "yes," attach a true and correct
copy of all such records to your Answers to these Interrogatories, pursuant to Rules 4003.1

and 4009 of the Pennsylvania Rules of Civil Procedure.

ANSWER:




    33.     Do you contend that any other person(s) or party(ies) is/are responsible, in whole

or in part, by either acts or omissions, for any of the injuries or damages suffered by the

Plaintiff(s) herein. If so, give the name, occupation and/or job title, place of employment, or

last known address of said person(s) or party(ies), and state the manner in which each

person(s) or party(ies) identified contributed to the injuries or damages suffered by

Plaintiff(s) herein.

ANSWER:




    34.     Did you charge the Plaintiff(s) for the services provided to him/her and, if so:


            (a)        Identify every service for which a charge was made, the date the
                       service was provided, and the amount of the charge;

            (b)        Was a lesser charge made because of an existing agreement to
                       accept a lesser charge from a third-party payor, whether
                       governmental or private. If so, what was the amount of the
                       charge without such reduction.
ANSWER:




    35.     Please attach to this Answer a copy of any bills which you have in your

possession reflecting the charges made. A copy of the bill is not acceptable alone as an

Answer to this Interrogatory unless the bill clearly identifies the information set forth above.

ANSWER:




    36.     Please identify by case name, court, court number and term each and every

lawsuit in the past seven (7) years, in which you have been named as a party defendant

where such lawsuit was based upon the contention, in whole or in part, that you :

            (a) Failed to properly treat or respond to a patient presenting with an alleged

                emergent condition.

ANSWER:




    37.     With respect to each case identified in the immediately preceding Interrogatory,
please state whether you and/or an agent or employee gave testimony under oath related to

the subject of the case which testimony was transcribed. If so, please state the date of such

testimony and identify the officer before whom such testimony was given.

ANSWER:




    38.    State the full name and address of the person answering and, if different, the

full name and address of the individual signing the answers.

ANSWER:




    39.    State whether any hearing dealing with mortality or morbidity was held

regarding the care and treatment of the plaintiff alleged in the Complaint.

ANSWER:




    40.    State the name, author, publisher, title, date of publication and specific

provision of all medical texts, books, journals or other medical literature which you or

your attorney intend to use as authority or reference in defending any of the allegations set

forth in the Complaint.

ANSWER:
    41.     Identify each and every rule, regulation, bylaw or other document of any

hospital, association, licensing authority, accrediting authority or other private body

which you, or your attorneys, may use at trial in defense of the allegations contained in

the Complaint.

ANSWER:




    42.     State whether there were any policies, procedures, guidelines, rules or

protocols for (list the issues relevant to your claim) in effect at your facility at the time of

the care and/or treatment of the plaintiff alleged in the Complaint. If so, state:

            (a)     Whether such policies, procedures, opinions, rules or protocols are

                    published and by whom;

            (b)     The effective date of said policies, procedures, guidelines, rules or

                    protocols;

            (c)     Which medical professionals are bound by said policies, procedures,

                    guidelines, rules or protocols;

            (d)     Who is the administrator of any such policies, procedures, guidelines,

                    rules or protocols; and

            (e)     Whether the policies, procedures, guidelines, rules or protocols in

                    effect at the time of the occurrence alleged in the Complaint have been

                    changed, amended or altered after the occurrence. If so, state the
                    change(s) and the date(s) of any such change(s).
ANSWER:




    43.    State for each person who directly or indirectly was involved in the care or
treatment of the plaintiff alleged in the Complaint from 11/1/2010 to 11/6/2010:

           (a)    That person's full name and current residence address;

           (b)    The name and current address of that person's employer;

           (c)    The employment relationship of that person with your facility

           (d)    The date(s) of such person's care or treatment, including a description

                  of the care or treatment; and

           (e)    The name and current address of any other individual present when the

                  care or treatment was rendered.

ANSWER:
       It is demanded that you seasonably supplement your Answers to these

Interrogatories to include information acquired subsequent to the date of these Answers, as

provided by Pennsylvania Rule of Civil Procedure Rule 4007.4.


                                     PORTNOY & QUINN, LLC



                                     BY__________________________
                                          Brendan B. Lupetin, Esq.
                                          Attorneys for Plaintiffs

				
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Description: Sample Plaintiff Medical Malpractice Interrogatories for Pennsylvania