Sample Interrogatory Answers in Malpractice Case

IN THE CIRCUIT COURT FOR BALTIMORE CITY

KEVIN THOMAS
Plaintiff,

v.

ST. AGNES HEALTHCARE, INC., et al.
Defendants

PLAINTIFF’S ANSWERS TO DEFENDANT’S INTERROGATORIES

Plaintiff, Kevin Thomas, by and through his attorneys, Rodney M. Gaston and Miller & Zois, LLC, hereby answers Interrogatories propounded upon him by Defendants, Prudence Jones, M.D., Davis Krupa, P.A., and Maryland Provo-I Medical Services, P.c., as follows:

  1. The information supplied in these Answers is not based solely on the knowledge of the executing party, but includes the party's agents, representatives and attorneys unless privileged.
  2. The word usage and sentence structure is that of the attorney and does not purport to be the exact language of the executing party.

1. State your full name, current address, date and place of birth, marital status and any and all addresses at which you lived for the past 15 years along with dates of residence.

Kevin Thomas, 7700 Morebird Road, Baltmore, Maryland 21228, DOB: November 2, 1970; Place of Birth: Maryland; married.

2. State the names, dates of birth and status of all dependents.

Keannan Thomas, DOB: September 2, 1999 and Kevin Thomas, Jr., DOB: April 1, 2002.

3. State the names and addresses of each of your employers for past ten (10) years and give a description of your occupation and duties setting forth the inclusive dates of employment and setting forth the reason you left each employment.

Plaintiff worked at Paragon Systems, Inc. at Social Security Administration of Woodlawn from 2008-2009. Plaintiff is currently working at AmeriGuard Plaintiff began working at AmeriGuard in 2011.

4. State concisely how you contend the events giving rise to your claim against each of these Defendants occurred.

On December 3, 2009, Plaintiff was working at Pentagon Systems, Inc., he was walking through the entrance way when another employee pushed a button and activated an underground metal barrier. The serrated edge of the metal plate caught Plaintiff’s left knee and he was raised up and trapped in the gate. Fellow employees freed the Plaintiff from the barrier. Paramedics arrive and transported Plaintiff to St. Agnes Hospital by ambulance. Plaintiff was treated by the defendants and discharged. Plaintiff returned to St Agnes whereupon he underwent surgery on his leg. His left leg had to be amputated. Defendants Prudence Jones, M.D., Davis Krupa, physician’s assistant, and Emcare Physician Providers Inc. by and through the actions of its employees Defendant’s Prudence Jones, M.D., and Davis Krupa, breached the applicable standard of medical care for the treatment of Plaintiff and that this breach was a proximate cause of the loss of the Plaintiff leg .

5. List each act or omission on the part of these Defendants or anyone you contend was/is her agent, servant or employee, which you contend constituted a departure from the omission, and where and when such act or omission occurred. (This interrogatory requests specific enumerations of the departures from standards you allege and does not request general legal and conclusory allegations, e.g., “the defendant failed to monitor, defendant failed to diagnose, defendant improperly performed surgery, etc.). Additionally, mere reference to the allegations in the Complaint is unresponsive.

Please see the Certificate of Qualified Expert and Expert Report and Plaintiff’s Designation of Experts.

6. For each alleged departure from accepted standards of care enumerated in the preceding Answer, state what you contend the applicable standard of care required with regard to the circumstances with which these Defendants and/or their agents, servants or employees were confronted.

Please see the Certificate of Qualified Expert and Expert Report and Plaintiff’s Designation of Experts.

7. Identify each person who has or claims to have personal knowledge of the occurrence and/or damages and injuries of which you complain and specify which area each particular person has knowledge of. Specifically, please identify anyone who accompanied you to the emergency department on December 2. 2009.

All of Plaintiff’s treating physicians, experts, his wife, Stacy Thomas, 5500 Morello Road, Baltmore, Maryland 21214; Plaintiff’s daughter, Keanna Thomas; Plaintiff’s son, Kevin Thomas, Jr.; Plaintiff’s mother, Marion Thomas; Plaintiff’s sister, Regina Reinhart and Plaintiff’s sister, Elizabeth Thomas have knowledge. Please see medical records for the names of his physicians. The paramedics who arrived at the scene of the incident also have personal knowledge.

8. Identify each person who investigated the circumstances of the alleged malpractice in this case for you.

Kenneth Long, M.D.; John R. G. Nicholson, PA-C, Ph. D.; Sam Margeson, R.N.; Richard Lurito, Ph.D.; Robert Sachs; Paul E. Harris, M.D.; M. Mike Moses, M. D.; Kate Winslow; Dale Berry; and Plaintiff’s Attorneys. Please see answer number 9.

9. Identify each person you intend to call as an expert witness in the trial of this matter on your certifying experts and state the subject matter on which the expert is expected to testify, the substance of the findings and opinions to which that expert is expected to testify and summarize the grounds for each opinion held by that expert. If that expert has prepared a written report concerning his findings and opinions attach to your Answers to Interrogatories a copy of that report.

Plaintiff reserves the right to call the following as expert witnesses: Kenneth Long, M.D., 10599 Delaware Road, Clarance, NY 12031, a physician and an expert in the field of emergency care medicine. Dr. Larsen is expected to provide opinions in accordance with his Certificate of Qualified Expert and Expert Report which were attached to the Complaint, and which are incorporated by reference herein. He is expected to opine that the defendants and others breached the applicable standard of medical care when they treated Kevin Thomas and that this breach was a proximate cause of Mr. Thomas’s injury to his left leg resulting in an amputation of his left leg above the knee. His opinions will be based upon his education, training and experience in the field of emergency care medicine, his review of the medical records, and other documents. Dr. Long will also render opinions on the nature, extent, and permanency of the Plaintiff’s injuries; reasonableness of the Plaintiff’s medical care and bills; lost wages; and other matters.

  • John R. G. Nicholson, PA-C, Ph. D. , 7033 Wisconsin Drive, Elkhart, IN 46517, a physician’s assistant and an expert in the field of physician assistant medicine and emergency care medicine. Dr. Nicholson is expected to provide opinions in accordance with his Certificate of Qualified Expert and Expert Report which were attached to the Complaint, and which are incorporated by reference herein. He is expected to opine that the defendants and others breached the applicable standard of medical care when they treated Kevin Thomas and that this breach resulted in a physical injury to Kevin’s Thomas’s left leg and knee. His opinions will be based upon his education, training, and experience in the field of physician assistant medicine and emergency care medicine, his review of the medical records, and other documents. Dr. Nicholson will also render opinions on the nature and extent and permanency of the Plaintiff’s injuries; reasonableness of the Plaintiff’s medical care and bills; lost wages; and other matters.
  • Sam Margeson, R.N., 300 Main Avenue, Knoxville, TN 37901, a registered nurse and an expert in the field of nursing medicine and emergency care medicine. Ms. Margeson is expected to provide opinions in accordance with her Certificate of Qualified Expert and Expert Report which were attached to the Complaint, and which are incorporated by reference herein. She is expected to opine that the defendants and others breached the applicable standard of medical care when they treated Kevin Thomas and that this breach resulted in a physical injury to Kevin’s Thomas’s left leg and knee. Her opinions will be based upon her education, training, and experience in the field of nursing care medicine and emergency care medicine, her review of the medical records, and other documents.
  • Richard Lurito, Ph.D., RL Inc. 1491 Chain Bridge Road, #202, McClean VA 22101; an economist and an expert in the field of economic loss, loss of earning capacity, and loss of earnings, loss of household services. Dr. Lurito is expected to opine that the present value of Plaintiff’s economic losses due the injuries he sustained total approximately $864,000.00. The economist’s opinions will be based upon his education, training, and experience in the field of economics as well as his review the Plaintiff’s wage statements and other information.
  • Robert Sachs, an expert in orthotics, Hanger Prosthetics & Orthotics, Inc. 1001 Cromwell Bridge Road, Suite 108, Towson, MD 21286. Mr. Sachs is expected to opine that the Plaintiff will need an orthotic device for the rest of his life, and is expected to render an opinion as to the past and future costs for Mr. Thomas’s orthotic device that he wears on his left leg and the device(s) he will need into the future. Mr. Sachs’ opinions will be based upon his examination of Kevin Thomas, his review of the medical records, and his education, training, and experience in fitting orthotic devices for persons who suffer from amputated limbs, as well as his knowledge of the reasonable costs for these products.
  • Paul E. Harris, M.D., an expert in vascular surgery, Sewickley Office, Sewickley Valley Hospital,701 Broad Street, Sewickley, Pennsylvania 15143. Dr. Harris is expected to opine that Kevin Thomas sustained an injury to his popliteal artery and that had the medical providers at St. Agnes Hospital emergency room recognized this injury at the time Kevin Thomas was in the emergency room and properly treated this injury, that more likely than not, Kevin Thomas would not have suffered an amputation of his left leg. Dr. Harris is also expected to opine as to the mechanizing of the injury to Mr. Thomas’s left knee, and the injuries to the structures and vessels within Mr. Thomas’s left leg. Dr. Harris is also expected to opine that the medical care and treatment that Mr. Thomas received after he returned to St. Agnes Hospital on or about December 5, 2009, by the medical staff at St. Agnes Hospital and at the University of Maryland Hospital, and at other facilities was fair reasonable and causally related to the failure of the medical staff at St. Agnes Hospital emergency room to properly treat the injury to Kevin’s Thomas left knee and leg on December 3, 2009. The doctor’s opinions will be based upon his education, training, and experience in the field of vascular medicine, his review of the medical records, and other documents. Dr. Harris will also render opinions on the nature and extent and permanency of the Plaintiff’s injuries; reasonableness of the Plaintiff’s medical care and bills; lost wages; and other matters.
  • M. Mike Malek, M. D. , an expert in orthopedic surgery, 8316 Arlington Blvd. Suite 400, Fairfax, VA 22031, Dr. Malek is expected to opine that Kevin Thomas sustained a dislocated knee and an injury to his popliteal artery while at work and that had the medical providers at St. Agnes Hospital emergency room recognized this injury at the time Kevin Thomas was in the emergency room and properly treated this injury, that more likely than not, Kevin Thomas would not have suffered an amputation of his left leg. Dr. Malek, is also expected to opine as to the mechanizing of the injury to Mr. Thomas’s left knee, and the injuries to the structures and vessels within Mr. Thomas’s left leg. Dr. Malek, is also expected to opine that the medical care and treatment that Mr. Thomas received after he returned to St. Agnes Hospital on or about December 5, 2009, by the medical staff at St Agnes Hospital and at the University of Maryland Hospital, and at other facilities was fair reasonable and causally related to the failure of the medical staff at St. Agnes Hospital emergency room to properly treat the injury to Kevin’s Thomas left knee and leg on December 3, 2009. The doctor’s opinions will be based upon his education, training, and experience in the field of orthopedic medicine, his review of the medical records, and other documents. Dr. Malek will also render opinions on the nature, extent, and permanency of the Plaintiff’s injuries; reasonableness of the Plaintiff’s medical care and bills; lost wages; and other matters. Dr. Malek is also expected to render opinions as to the breaches in the standard of medical care by the medical staff at St. Agnes Hospital emergency room and other defendants, and that the breaches of the applicable standard of care resulted in a physical injury to Kevin Thomas to include the amputation of his left leg.
  • Kate Winslow of Winslow Solutions, 5312 Weywood Drive, Reisterstown, MD 21136, a nurse case manager and expert in the field of life care planning, and costs for medical care. Ms. Winslow is expected to render opinions regarding the costs for the continued medical care and treatment of the Plaintiff and will project the future costs for a life care plan for the Plaintiff which will include but is not limited to the costs for future prosthetics and other medical care. Her opinions will be based in part upon her education and experience in the field of life care planning, her knowledge of the costs for medical care in the Maryland community, her review of the Plaintiff’s medical records and other documents, and may be based in part upon the opinions of other medical experts in this case. She may also render opinions as to the reasonableness of the Plaintiff’s past medical care and treatment and reasonable costs for the Plaintiff’s past medical care and treatment.
  • Dale Berry, of Hanger Orthopaedic Group, 8016 West 97th Street, Bloomington, MN 55438, an expert in the field of rehabilitation and prosthetics. Dr. Berry is expected to opine that that the Plaintiff will need an orthotic device for the rest of his life, and is expected to render an opinion as to the past and future costs for Mr. Thomas’s orthotic device that he wears on his left leg and the device(s) he will need into the future. Dr. Berry’s opinions will be based upon his review of the medical records, and his education, training, and experience in the field of rehabilitation and experience in fitting orthotic devices for persons who suffer from amputated limbs, as well as his knowledge of the reasonable costs for these products.
  • William Tran, M.D. Greensboro Radiology, 1317 N. Elm Street, Suite 1-B, Greensboro, N.C. 27401, an expert in the field of radiology. Dr. Tran is expected to render opinions regarding the interpretation of the radiology studies and films, and other diagnostic studies, and what action the doctors and staff who interpreted the studies were expected to take in light of the findings on the studies. The doctor’s opinions will be based upon his education, training, and experience in the field of radiology medicine, his review of the medical records, films, and other documents.

Plaintiff also reserves the right to call any of his treating physicians and rehabilitation professionals. These experts include, but are not limited to, the doctors and medical professionals whose names are contained in the Plaintiff’s medical chart and include: Donald Wilkerson, Sam Sydney, Gustavo Franco, Sarkan Rajabrata, Sophia Leuhg, Dr Candersomn. Any Rishing, shin Miyata Megan Brenner, Thomas Scalea, Michael Zatina, Ann Reed, John Harrison, Melita Teyagaraj, Rishi Seth, David Vitberg, Kristen Romero, Amy Bankart, P.T.; Daniel Hollern. O.T., Doneen Paynter CRNP. These medical providers are expected to render opinions in accordance with reports and notes in the Plaintiff’s medical chart and opinions regarding the causation and nature and extent of the injuries sustained by Kevin Thomas, the necessity for the medical treatment provided, the reasonable cost for the medical treatment provided, and the permanent nature of the injuries.

Plaintiff also reserves the right to call corporate representatives from University of Maryland Hospital, St. Agnes Hospital, and Kernan Hospital, to include billing supervisors, who will provide opinions that the charges for the medical treatment provided to Kevin Thomas were customary, fair, and reasonable, within the Maryland Medical Community.

Plaintiff also reserves the right to call Mark Gonzales, vocational rehabilitation expert, Genex Services, Inc. 6610 Deerpath Road, Suite 401, Elkridge, MD 21075. Mr. Gonzales will provide opinions consistent with his vocational rehabilitation/job search reports.

10. For each of the experts listed in your Answer to the preceding Interrogatory state whether or not they base their opinions on personal knowledge of the facts of this case of a review of documents, and other items of tangible evidence. If such experts have reviewed documents and other items of tangible evidence please enumerate with respect to each expert the documents or other items they have reviewed and summarized the information communicated to them upon which they base their opinion.

Please see the Certificate of Qualified Expert and Expert Report and Plaintiff’s Designation of Experts.

11. Attach exact copies of all written statements, reports, transcribed statements or recorded statements which have been prepared, given or signed by these Defendants or anyone you contend is her agent, servant or employee.

Other than the medical records the Plaintiff is unaware of any other written reports.

12. Identify the nature and subject matter of each picture, diagram, document, x-ray, or other objects (real evidence), which is known to you and which is relevant to this occurrence or its consequences.

Plaintiff will be using various medical exhibits, models, and photos. He may also be using photos from various medical textbooks and photos of himself. Defense counsel may inspect the photos, textbooks, illustrations and videotapes at Plaintiff’s lawyer’s office upon reasonable notice. Plaintiff reserves the right to use any and all radiology studies taken at the hospital. Defense counsel may inspect the radiology studies at Plaintiff’s lawyer’s office upon reasonable notice. Plaintiff will send copies of his medical records to Defendant on disc. Plaintiff may also use published life tables. Plaintiff may also use medical illustrations that depict his injuries and the surgical procedures he underwent. When the Plaintiff’s lawyers obtain these illustrations these illustrations will be made available for the Defendant to inspect. The illustrations will be similar to the medical illustrations found at www.thedoereport. Plaintiff may also utilize video animations depicting the injuries he sustained and the operations he underwent. When these video animations are in the Plaintiff’s possession the Defendant may inspect same upon reasonable notice. See Plaintiff’s answer number 13 to St. Agnes Hospital Interrogatories.

13. Identify and give the substance of each statement, action or admission against interest, declaration against interest, or otherwise, whether oral, written, by conduct, silent or otherwise, which you contend was made by these Defendants or any person whom you allege to be the agent, servant and/or employee of these Defendants.

Any such admissions would be contained in the medical records.

14. With reference to the above Interrogatory, identify the name of each person who has personal knowledge of the making or each such statement, and state the place and date when each such statement was made.

Any such admissions would be contained in the medical records.

15. Name all hospitals, physicians or any other person or institution that rendered treatment to you as a result of the occurrence for which this suit is brought and state the dates and nature of all such treatments.

See Plaintiffs medical records. Plaintiff was treated at St Agnes Hospital, University Hospital, Concentra, and Kernan Hospital. He also received care for his prosthetic leg by Gregory Sachs.

16. Describe all injuries, whether physical, mental or emotional, which you contend you sustained as a result of the occurrence for which this suit was brought.

Please see Plaintiff’s medical records for a complete description of his injuries. Plaintiff’s left leg amputation is permanent. Plaintiff suffered from emotional and mental distress by losing his left leg. He also incurred medical expenses, lost wages, and loss of household services.

17. Identify every physician or other health care provider who has treated you, any hospital to which you have been admitted, and/or any emergency department or acute care facility where you have been a patient, for the past twenty years.

Like most of us, Plaintiff cannot recall each and every visit to every doctor he may have treated with in the last 20 years, however, he has visited the Minute Clinic on Reisterstown Road north of Owings Mills, Maryland and a Clinic on Edmondson Ave. in the Edmondson Village for minor health issues. Plaintiff also was treated at Sinai Hospital in approximately 2008 for a fractured right elbow. Plaintiff also twisted his right ankle approximately 10 years ago. In 2005-2006 Plaintiff was treated at Sinai Hospital for Gall Stones. But, again, the medical records would be the best source and we have made these available to you.

18. For each instance stated in the preceding Interrogatory describe the nature of the treatment or examination, the cause of receiving such treatment or examination, and the date, or approximate date, of such treatment or examination.

Plaintiff does not recall the exact nature of every treatment and care provided by each and every medical provider who has treated him in the last 20 years.

19. If you have ever made a claim for any benefits or been paid, reimbursed or indemnified under any statute, insurance or contract for costs, expenses and damages whether or not they arise out of the allegations referred to in your statement of claim or complaint, identify to whom such claim was made or from whom it was paid, reimbursed or indemnified and identify the insurance agreement or other contract upon which payment, reimbursement or indemnification was made or received the nature and amount of any such payment, reimbursement or indemnification and the dates of each.

Plaintiff has received worker’s compensation benefits as a result of the injuries sustained in this case. These benefits as of February 2012 total approximately $258,783.28.

20. Give the date, circumstances and injuries sustained with relation to any occurrence or accident in which you were involved in the last ten years in which you sustained any bodily injury.

Plaintiff objects to this interrogatory as the information sought is irrelevant, and the discovery of which is not likely to lead to information that would be admissible at the trial of this matter. However without waiving said objection, Plaintiff has not had any prior accidents in the past ten years other than those mentioned in number 17.

21. With respect to each of the past seven (7) years, state your yearly gross income, yearly net income, and the name and address of the person, firm or corporation having custody of any papers pertaining to your income.

2012: $109,663.24; 2011: $116,907.81; 2010: $153,218.91; 2009:$ 175,717.91; 2008: $172,786.63; and 2007: $172,595.00.

22. If, during direct examination, any expert witness or fact witness identified by you or your attorney, will rely on statements contained in a published treatise, textbook, journal periodical, pamphlet or other publication on a subject of medicine or other science, give the title of each such publication, the journal, periodical, magazine, treatise, test, or series wherein each was published; the name and address of the publisher; the date of publication; the name of the author; and the volume and page or section reference.

Other than the Plaintiff’s medical records and radiology films, the Plaintiff does not know the exact documents that his experts may rely upon during their depositions and in support of their opinions.

23. Please list in detail any and all injuries, damages and/or losses, both economic and non-economic, whether past, present and/or future, that you intend to claim as a result of this occurrence.

Plaintiff has received worker’s compensation benefits as a result of the injuries sustained in this case. These benefits as of Feb. 2012 total approximately $458,783.28 which include past medical bills. Plaintiff’s future wage loss claim totals approximately $960,810.00 and his loss of household services claim totals approximately $203,559.00 (See economist’s report for loss of income and loss of household services calculations). Future medical care totals approximately $785,535.00. (See Dale Barry’s report for costs of future medical care and prosthetics.)

24. If you have arrived at any settlement or other agreement with any other party who may be responsible for any of the injuries for which you claim damages in this case, specify the date of the settlement agreement, the amount of consideration paid for the settlement or agreement and identify the party with whom the settlement agreement was reached.

No settlement but Plaintiff has received worker’s compensation benefits as a result of the injuries sustained in this case. These benefits as of February 2012 total approximately 458,783.28.

25. With regard to any conversation you ever had with these defendants, or any other person you contend to be her agent, servant or employee, please state the date, time and place of that conversation, all persons present during any part of that conversation and the substance of the conversation including everything you said and everything anyone else said during the conversation to the best of your recollection.

Plaintiff recalls informing the defendants of the condition of his leg and foot and that his leg was cold. Plaintiff’s wife and some of his family members were present during some of these conversations.

26. Were you a Medicare or Medicaid insured, or otherwise eligible for or entitled to benefits of Medicare or Medicaid? If so, please identify by which entity you were insured/entitled and state the nature and amount of any existing or anticipated lien(s) on any past, present or future payments from any source for any and all claims, medical expenses/damages as they may relate to the facts and allegations of this suit.

No.

27. Please identify specifically any and all amounts paid by Medicare for any and all medical expenses claimed in the above-captioned matter. Include in your answer to this interrogatory whether this lawsuit and/or claim has been self reported to the Centers for Medicare and Medicaid Services, and whether you, or anyone on your behalf, intends to self report to the Centers for Medicare and Medicaid Services.

N/A.

28. Please Identify your health insurance claim number (“HICN”) and attach to your answers herein a complete copy of any centers for Medicare and Medicaid Services forms completed and submitted by your or on your behalf, as well as a copy of decedent’s health insurance cards and benefit statements and conditional payment summaries.

N/A.

29. Please describe the appearance, sensation (including pain, if any), function, and any other physical signs or symptoms in your left extremity while in the emergency department at St. Agnes on December 2, 2009, and identify whether and to whom you reported any of these signs or symptoms.

Please see Plaintiff’s medical records for the condition of his leg. His foot was cold to the touch. His medical condition was reported to all of the medical providers who treated him at the Hospital.

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