IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF WEST VIRGINIA AT HUNTINGTON
Robert A. foster, as Administer of the Estate of Angela Mauer;
JOHNSTON HOSPITAL, Inc., et al.
Case No.: 3:15-cv-22460
PLAINTIFF’S INTERROGATORIES TO DEFENDANTS GAIL BOWERS AND Y. JILL GIBSON
GAIL BOWERS, Y. JILL GIBSON, Defendants
Robert A. foster, as Administrator of the Estate of Angela Mauer, Plaintiff
Plaintiff, Robert A. Foster, as Administrator of the Estate of Angela Mauer by and through their attorneys, attorneys C. Benjamin Salango, and Preston & Salango, P.L.L.C., and Ronald V. Miller, Jr., Rodney M. Gaston and Miller & Zois, LLC, request that the Defendant, Gail Bowers, fully, under oath, and in accordance with the Federal Rules of Civil Procedure Rule 33 answer the following Interrogatories subject to the instructions set forth below:
- Please provide your name, address and all of your professional qualifications, including but not limited to your medical education and training and experience, any licenses you hold, board certifications, hospital, medical school and/or nursing school and group affiliations and medical and specialty college memberships.
- Do you intend to offer opinion testimony at trial from yourself or any other experts? If so, list these experts you may to call at trial as expert witnesses. Please include in your answer the expert’s specialties, experience, education and training, and medical affiliations. Your answer should also include all opinions they expert have rendered and the medical and factual predicate for these opinions. Attach to these responses any written reports these individuals have generated.
- If you written or recorded statements or know of any written statements that relate in any way to this lawsuit, provide the name, address and telephone number for these individuals who provided statements. Please also the date of the statement, the location of any recordings, the contents of the statements, and the custodian of these statements or recordings.
- Do you content that anyone else, including the decedent or her family, contributed to Ms. Mauer’s injuries and eventual death? If so, set forth all facts upon which you intend to rely upon a trial. Include in your answer the name, address, and telephone number of anyone with personal knowledge of these facts and the substance of those facts.
- If you know the existence of any demonstrative evidence of any kind, such as pictures, movies, computer generated information or evidence, electronically stored data, reports, videos,, diagrams, x-rays or other diagnostic findings, documents, or objects that relate to the facts of this lawsuit, list and describe fully the evidence, and the name and address of the current custodian of the materials.
- List any and all insurance policies that could potentially cover your negligence in the claims made in this lawsuit
- Were a member of any partnership, professional or corporation, or any other legal entity providing health care at any time during care of Dr. Mauer? If yes, provide all pertinent information for that entity.
- Identify and give the substance of each statement, action or omission, or declaration against interest, whether oral or written, by conduct, silence or otherwise, which you contend was made by or on behalf of Dr. Maue or anyone connected to her before she tragically died.
- Please identify any and all publication or medical literature that you or any of your experts believe is reasonably reliable and/or authoritative to the issues in play in this lawsuit, including but not limited to, infectious disease, OB/GYN medicine, sepsis, critical care medicine, triage, intensive care medicine, emergency medicine, labor and delivery, or pathology.
- If you contend that any monetary award in this case is somehow limited or restricted by cap on non-economic damages and a cap on the total amount of damages that can be awarded in this case, please state all facts and evidence that you are aware of and cite any and all statutes in support of your contention.
- Please describe in detail any all facts and evidence you were referring to in your “Response Memorandum To Plaintiff’s Motion for Leave to File an Amended Complaint,” wherein you addressed the administration of Gentamycin to Dr. Mauer and stated, with respect to the administration of Gentamycin that, “…other evidence will show and Defendants contend that it was given at or about 23:00 to 00:30.” See Page 3 of the Memorandum which is attached hereto as Exhibit 1.
- When was the first time you administered Gentamycin to Dr. Mauer? In your answer, please include the following: (1) the dosage of the Gentamycin; (2) the manner in which the Gentamycin was administered; (3) the date and time the Gentamycin was administered; (4) who was present in the room during the time that you first administered Gentamycin to Dr. Mauer: (5) how you noted the administration of the Gentamycin in Dr. Mauer’s medical chart; and (6) the page number of Dr. Mauer’s medical chart that notes the administration of the Gentamycin.
- Between the dates of 09/28/2014 through 10/02/2014, did you ever conduct a triage assessment of Dr. Mauer? If so, include in your answer (1) the exact date and time of the triage assessment; (2) where in the hospital the triage assessment was conducted; (3) the steps you took to conduct the triage assessment; (4) the results of your triage assessment; (5) Dr. Mauer’s triage classification; (6) the page number of Dr. Mauer’s medical chart where the triage classification is noted.
- Did you make any entries in Dr. Mauer’s medical chart? Your answer should include all handwritten notes/entries and electronic notes/entries. If so, please indicate by page number where each of your entries appear in the chart and what those entries state.
- Are you aware of any guidelines, policies, and/or procedures that were in effect at Johnston Hospital (during the time that Dr. Mauer was a patient) that pertain to the manner in which physician antibiotic orders are to be carried out by a nurse, such as yourself, for a patient such as Dr. Mauer? If so, please state your understanding of any such guidelines, policies, and/or procedures.
- In this case, if you deviated from and/or failed to follow the policies and procedures in place at Johnston Hospital for the manner in which medication orders are to be carried out and documented in a patient’s chart, please indicate how you deviated from the standard policies and procedures and why you deviated from the standard policies and procedures.
- Do you claim that Dr. Mauer’s hospital chart has, in any way, been altered or contains incorrect information or is missing information? If so, please set forth in detail your precise contentions, and, in your answer, include the date you first realized that Dr. Mauer’s medical chart contains inaccurate information, was altered, or was missing information.
- Explain in detail how a nurse, such as yourself, would carry out a “stat” order for antibiotic medication to a patient such as Dr. Mauer at Johnston Hospital on June 28, 2014.
- If you realized that a patient’s chart contained incorrect information or was missing information regarding the administration of medication, what steps would you take to remedy the error(s)?
- When a patient, such as Dr. Mauer, is first admitted to the medical/hospital department in which you are working (i.e., emergency department, intensive care unit, etc.), what steps do you take to confirm that all outsta
nding physician’s orders have been carried out?
- Are you aware of any laws, policies, procedures, guidelines, and/or regulations that either permit or prohibit a pregnant patient from being admitted to and/or remaining in a hospital’s obstetrics/Labor and Delivery unit when the patient has a fever? If so, please provide a detailed explanation of your understanding of any such laws, policies, procedures, guidelines, and/or regulations.
- Did you ever inform any of Dr. Mauer’s physicians, or your immediate supervisor, that Dr. Mauer’s chart did not accurately reflect each time that antibiotic medication was administered to Dr. Mauer? If so, provide the name and title of the individual you informed, the date and time you informed said individual, and also explain what the individual did and told you to do regarding the medication record.
- Please indicate the factual basis for any and all defenses you intend to raise in this case, including, but not limited to, liability and causation, and also identify any and all experts who will provide opinions in support of any such defense.
- Please identify all persons who have knowledge of any facts pertaining to Dr. Mauer’s hospitalization at Johnston Hospital, and please state the general content of the testimony you anticipate obtaining from each potential witness.
- Did you ever speak with any of Dr. Mauer’s medical colleagues, family members, or friends who were present at Johnston Hospital about Dr. Mauer’s status, condition, and/or prognosis? If so, please identify the individuals with whom you spoke and explain the nature of your conversation (i.e., what you said to him/her and what he/she said to you), and the dates and times these conversations took place. If you are unable to identify Dr. Mauer’s medical colleagues, family members, or by name, please provide a physical description of the individual(s).