Sample Requests for Admission in Medical Malpractice Case

IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND
Civil Division

KATHLEEN E. DAVIS, et al.,
Plaintiff,

v.

DAVID B. HENDERSON, MD
Defendant.

Case No. 3375718V
The Honorable Durke G. Thompson

PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS TO DAVID B. HENDERSON, MD

Plaintiffs request that Defendant, admit or deny the following statements of fact. If objection is made, please state the reason for the objection. Unless otherwise indicated, all of these requests pertain to the medical care and treatment that Lawrence Davis received while an inpatient at Montgomery General Hospital during time period of May 14-17, 2010, following a fall at his home.

More Information
REQUESTS FOR ADMISSION
  1. Does Dr Henderson admit that Michael Davis is the adopted son of Lawrence Davis?
  2. Does Dr Henderson admit that Cindy Bachman is the adopted daughter of Lawrence Davis?
  3. Does Dr. Henderson admit that Kristen Davis is the wife of Lawrence Davis?
  4. Does Dr. Henderson admit that he was the physician who was primarily responsible for the medical care and treatment of Lawrence Davis while Lawrence Davis was an inpatient at Montgomery General Hospital?
  5. Does Dr. Henderson admit that he does not in this case claim that any other physician or medical personnel breached the standard of care while providing medical care and treatment to Lawrence Davis while he was a patient at Montgomery General Hospital?
  6. Does Dr. Henderson admit that the laboratory results from the blood tests done on Lawrence Davis while he was a patient at Montgomery General Hospital are accurate?
  7. Does Dr. Henderson admit that he is unaware of any facts that would suggest or establish that the laboratory results from the blood tests done on Lawrence Davis while he was a patient at Montgomery General Hospital are inaccurate?
  8. Does Dr. Henderson admit that he could have ordered blood tests for Lawrence Davis at 8 hour intervals while Mr. Davis was a patient at Montgomery General Hospital?
  9. Does Dr. Henderson admit that he could have ordered blood tests for Lawrence Davis at 4 hour intervals while Mr. Davis was a patient at Montgomery General Hospital?
  10. Does Dr. Henderson admit that he could have re-ordered blood tests for Lawrence Davis on an urgent basis if he believed that the results of any blood test were inaccurate?
  11. Does Dr. Henderson admit that if he believed that Mr. Davis was suffering from internal bleeding that he could have ordered blood products to be administered to Mr. Davis.
  12. Does Dr. Henderson admit that Kathy Davis requested that Lawrence Davis be transferred to John Hopkins Hospital for medical care and treatment?
  13. Does Dr. Henderson admit that he had the authority as Mr. Davis’s physician to transfer Lawrence Davis to Johns Hopkins Hospital for medical care and treatment?
  14. Does Dr. Henderson admit that one of the causes of Lawrence Davis’s death was complications due to internal bleeding?
  15. Does Dr. Henderson admit that one of the proximate causes for Lawrence Davis’s renal failure was due to internal bleeding?
  16. Does Dr. Henderson admit that one of the proximate causes for Lawrence Davis’s liver failure was due to internal bleeding?
  17. Does Dr. Henderson admit that Lawrence Davis exhibited symptoms of shock at the time of or shortly before his death?
  18. Does Dr. Henderson admit that Mr. Davis’s drop of hematocrit during his stay at Montgomery General Hospital was an indication of internal bleeding?
  19. Does Dr. Henderson admit that Mr. Davis’s drop of hemoglobin during his stay at Montgomery General Hospital was an indication of internal bleeding?
  20. Does Dr. Henderson admit that he is unaware of any facts that would suggest or establish that the autopsy findings for Lawrence Davis as contained in the autopsy report are inaccurate?
  21. Does Dr. Henderson admit that that the autopsy findings for Lawrence Davis as contain in the autopsy report are inaccurate?
  22. Does Dr. Henderson admit that one of the proximate causes of Lawrence Davis’s death was due to internal bleeding?
  23. Does Dr. Henderson admit that Lawrence Davis suffered internal bleeding at some point in time after his fall at his home?
  24. Does Dr. Henderson admit that if he knew that Lawrence Davis was suffering from internal bleeding while a patient at Montgomery General Hospital he would have discontinued the anticoagulant mediation that Mr. Davis was taking?
  25. Does Dr. Henderson admit that the anticoagulant medication that Mr. Davis was taking at Montgomery General Hospital made it more difficult for Mr. Davis’s own blood to clot?
  26. Does Dr. Henderson admit that if he knew that Lawrence Davis was suffering from internal bleeding while a patient at Montgomery General Hospital he could have ordered diagnostic studies such as a C.T scan to confirm the presence of internal bleeding?
  27. Does Dr. Henderson admit that there was no need to delay filing out the death certificate for Lawrence Davis for a period of five days following his death?
  28. Does Dr. Henderson admit that he has no specific memory of any conversation that he had with Kathy Davis at the time Lawrence Davis was a patient at Montgomery General Hospital?
  29. Does Dr. Henderson admit that he never approved the transfer of Lawrence Davis to John Hopkins Hospital?
  30. Does Dr. Henderson admit that he never authorized the transfer of Lawrence Davis to John Hopkins Hospital?
  31. Does Dr. Henderson admit that he never consulted with any of Lawrence Davis’s physicians at Johns Hopkins Hospital while Lawrence Davis was a patient at Montgomery General Hospital?
  32. Does Dr. Henderson admit that he never order any blood products for Mr. Davis while Mr. Davis was a patient at Montgomery General Hospital?
  33. Does Dr. Henderson admit that he knew that Lawrence Davis had been treated by physicians at Johns Hopkins Hospital before his admission to Montgomery General Hospital?
  34. Does Dr. Henderson admit that he was taught in medical school that internal bleeding can result from the type of fracture that Lawrence Davis sustained when he fell at home?
  35. Does Dr. Henderson admit that he was taught in medical school that a significant drop in hematocrit and hemoglobin at the levels found in Lawrence Davis’s blood test results are suggestive of internal bleeding?
  36. Does Dr. Henderson admit that he was taught in medical school that a patient can be administered blood products such as fresh frozen plasma if a patient is suffering from internal bleeding?
  37. Does Dr. Henderson admit that if he had ordered fresh frozen plasma for Lawrence Davis that the administration of fresh frozen plasma more likely than not would have resulted in an elevation of Mr. Davis’s hematocrit and hemoglobin levels?
  38. Does Dr. Henderson admit that at the time he provided medical care for Lawrence Davis that he did not know what the corresponding drop in hematocrit and hemoglobin levels would be if Mr. Davis lost one pint of blood?
  39. Does Dr. Henderson admit that at the time he provided medical care for Lawrence Davis that he did not know what the approximate corresponding drop in hematocrit and hemoglobin levels would be if Mr. Davis lost two pints of blood?
  40. Does Dr. Haridng admit that he now knows what the approximate corresponding drop in hematocrit and hemoglobin levels would be if one is his patients lost one pint of blood?
  41. Does Dr. Henderson admit that a physician such as himself, with similar qualifications and experience, should know what the approximate corresponding drop in hematocrit and hemoglobin levels would be in a patient who loses one pint of blood?
  42. Does Dr. Henderson admit that a physician such as himself, with similar qualification and experience, should know what the approximate drop in hematocrit and hemoglobin levels would be in a patient who loses two pints pint of blood?
  43. Does Dr. Henderson admit that a physician such as himself, who is treating a patient with injuries similar to that of Lawrence Davis, should do everything in his / her power to reverse the blood loss in a patient who is bleeding internally?
  44. Does Dr. Henderson admit that there was nothing that would have prevented him from ordering fresh frozen plaza for Mr. Davis if he believed that Mr. Davis was suffering from internal bleeding at the site of his hip fracture?
  45. Does Dr. Henderson admit that he could have given Mr. Davis Vitamin K which would have reversed the effects of the anti-clotting medications that Mr. Davis was taking?
  46. Does Dr. Henderson admit that he could have given Mr. Davis fresh frozen plasma which would have reversed the effects of the anti-clotting medications that Mr. Davis was taking?
  47. Does Dr, Henderson admit that a physician should not permit a patient such as Lawrence Davis to be administer anti-clotting medication if that patient is suffering from internal bleeding?
  48. Does Dr. Henderson admit that he has never apologized to Kathy Davis for causing the death of Lawrence Davis?
  49. Does Dr. Henderson admit that he has never accepted any responsibility for causing the death of Lawrence Davis
  50. Does Dr. Henderson admit that he had complete and timely access to Lawrence Davis’s blood test results and all of Mr. Davis’s radiology films while he was treating Mr. Davis at Montgomery General Hospital?
  51. Does Dr. Henderson admit that all of his medical records for Lawrence Davis and all of Mr. Davis’s Montgomery General Hospital records for the time period that he was a patient at Montgomery General Hospital are accurate and genuine business records, kept in the normal course of business?
  52. Does Dr. Henderson admit that Lawrence Davis’s death certificate is a public record kept in the normal course of business and is accurate and genuine?
  53. Does Dr. Henderson admit that he signed Lawrence Davis’s death certificate on May 24, 2007?
  54. Does Dr. Henderson admit that the contents of Lawrence Davis’s death certificate are accurate?
  55. Does Dr. Henderson admit that when he signed Lawrence Davis’s death certificate on May 24, 2007, that he certified that the immediate causes of Lawrence Davis’s death were Renal Failure, Hepatic Failure, Exacerbation of autoimmune Disease, and Left Pelvic fracture?
  56. Does Dr. Henderson admit that the medical examiner signed Mr. Davis’s death certificate on May 25, 2007?
  57. Does Dr. Henderson admit that the medical examiner who signed Mr. Davis’s death certificate confirmed that the immediate causes of Lawrence Davis’s death were Renal Failure, Hepatic Failure, Exacerbation of autoimmune Disease, and Left Pelvic fracture?
  58. Does Dr. Henderson disagree with the medical examiner who signed Mr. Davis’s death certificate that the immediate causes of Lawrence Davis’s death were Renal Failure, Hepatic Failure, Exacerbation of autoimmune Disease, and Left Pelvic fracture?
  59. Does Dr. Henderson admit that no where on the death certificate does it indicate that Lawrence Davis died from Kayexalate aspiration?
  60. Does Dr. Henderson admit that he never made a written request of the medical examiner to change the cause of Mr. Davis’s death to Kayexalate aspiration?
  61. Does Dr. Henderson admit that he never made an oral request of the medical examiner to change the cause of Mr. Davis’s death to Kayexalate aspiration?
  62. Does Dr. Henderson admit that prior February 1, 2011, he never told any of his own expert medical witnesses that he believed that Mr. Davis’s proximate cause of death was due to Kayexalate aspiration?
  63. Does Dr. Henderson admit that prior April 18, 2011, he never told any of his own expert medical witnesses that he believed that Mr. Davis’s proximate cause of death was due to Kayexalate aspiration?
  64. Does Dr. Henderson admit that Mr. Davis would not have needed Kayexalate if his potassium levels were within the normal range?
  65. Did Dr. Henderson agree with Mr. Davis receiving Kayexalate by mouth?
  66. Did Dr. Henderson know that Kayexalate could have been administered to Mr. Davis rectally?
  67. Does Dr. Henderson admit that was aware of Mr. Davis’s autopsy findings before he signed the death certificate?
  68. Does Dr. Henderson admit that he never personally informed Kathy Davis that he believed that Lawrence Davis died of Kayexalate aspiration?
  69. Does Dr. Henderson admit that when he signed the Plaintiff’s Answer to Interrogatories under oath and subject to the penalties of perjury on December 22, 2010, that none of his own expert witnesses had reached any opinion that Lawrence Davis died from Kayexalate aspiration?
  70. Does Dr. Henderson admit that when he signed the Plaintiff’s Answer to Interrogatories under oath and subject to the penalties of perjury on December 22, 2010, that at least one of his own expert witnesses had reached the opinion that Lawrence Davis died from Kayexalate aspiration, and that he failed to disclose that information to the Plaintiffs at that time?
  71. Does Dr. Henderson admit that he does not know what was the proximate cause of Lawrence Davis’s death?
  72. Does Dr. Henderson deny that the proximate causes of Lawrence Davis’s death was due to renal failure, hepatic failure, exacerbation of autoimmune disease, and a left pelvic fracture?
  73. Does Dr. Henderson admit that one of proximate causes of Lawrence Davis’s death was due to renal failure?
  74. Does Dr. Henderson admit that one of the proximate causes of Lawrence Davis’s death was due to hepatic gailure?
  75. Does Dr. Henderson admit that one of the proximate causes of Lawrence Davis’s death was due to exacerbation of autoimmune disease?
  76. Does Dr. Henderson deny that the proximate cause of Lawrence Davis’s death was due to left pelvic fracture?
  77. Does Dr. Henderson admit that during the time he was treating Mr. Davis at the hospital that he was unable to determine at what point that Mr. Davis’s internal bleeding stopped?
  78. Does Dr. Henderson admit that the standard of medical care applicable to him for the treatment of Lawrence Davis is the same standard of medical care that would apply to a similar skilled physician treating a patient with similar complaints and medical conditions at any hospital in the State of Maryland?
  79. Does Dr. Henderson admit that the standard of care applicable to him for the treatment of Lawrence Davis is the same level and standard of care that would apply to a similar skilled physician treating a patient with similar complaints and medical conditions at Johns Hopkins Hospital?
  80. Does Dr. Henderson admit that had Mr. Davis not developed renal and hepatic failure that more likely than not he would not have died while under Dr. Henderson’s care at Montgomery General Hospital?
  81. Does Dr. Henderson admit that Lawrence Davis died while under his care at Montgomery General Hospital?
  82. Does Dr. Henderson admit that Lawrence Davis did not do, or failed to do, anything, that proximately contributed to his own death at Montgomery General Hospital?
  83. Does Dr. Henderson admit that Lawrence Davis did not assume that risks of his own death?
  84. Does Dr. admit that no other medical provider who treated Mr. Davis, while he was a patient at Montgomery did anything, or failed to do anything, that proximately caused Mr. Davis’s death?
  85. Does Dr. Henderson admit that he will not be providing any personal testimony himself on the applicable standard of medical care and whether he did or did not breach the applicable standard of medical care in this case?
  86. Does Dr. Henderson admit that he will not be providing any personal testimony himself on what was the proximate cause of Lawrence Davis’s death?

Respectfully submitted,
MILLER & ZOIS, LLC

Ronald V. Miller, Jr.
1 South St, #2450
Baltimore, MD 21202
(410)779-4600
(410)760-8922 (Fax)
Attorney for the Plaintiff

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