Sample Request for Production of Documents to Nursing Home

IN THE CIRCUIT COURT FOR WASHINGTON COUNTY

MIKE DENVER
4633 Highway Drive
Hagerstown, MD 21742

And

STEVE DENVER
202 Bull Point Road
Duck, North Carolina 27949

And

CINDY DENVER, Individually
4633 Highway Drive
Hagerstown, MD 21742

And

CINDY DENVER as
Personal Representative for the
Estate of Roger Denver

Plaintiffs

vs.

MERITUS MEDICAL CENTER, INC.
(formerly known as Washington County Hospital Association)
251 East Antietam street
Hagerstown, MD 21740

Defendant

SERVE ON RESIDENT AGENT:

James P. Hamil
251 East Antietam street
Hagerstown, MD 21740

CASE NO.:

Plaintiffs’ Responses to Defendant’s Requests for Production of Documents

TO: MERITUS MEDICAL CENTER (formerly known as Washington County Hospital Association), Defendant
FROM: CINDY DENVER

Now comes the Plaintiffs, by and through their attorneys, Miller & Zois, LLC, and hereby responds to Defendant’s Requests for Production of Documents as follows:
RESPONSES

1. All records, x-rays, reports, invoices, bills, office notes, charts, statements, correspondence, or any other documents of any description from any physician, health care provider or hospital that has examined or rendered treatment to the Decedent on or after the date of the occurrence that is the subject of this action.

RESPONSE: All such items are in the Defendant’s possession.

2. All documents identified in your answers to this party’s interrogatories.

RESPONSE: See Certificate of Merit and Expert report previously served upon the Defendant and all of the pleadings previously submitted in this case.

3. All documents identified in your answers to the interrogatories of any other party.

RESPONSE: See answer number 2.

4. All written reports of each person whom you expect to call as an expert witness at trial.

RESPONSE: See Certificate of Merit and Expert report previously served upon the Defendant.

5. The most recent resume or curriculum vitae of each expert whom you expect to call as an expert witness at trial.

RESPONSE: See attached.

6. All notes, diagrams, photographs or other documents prepared or reviewed in connection with their assignment in this case by each person whom you expect to call as an expert witness at trial.

RESPONSE: The plaintiffs expert has reviewed some of the decedents medical chart. The chart is already in the Defendant’s possession.

7. All drafts, working papers or documents generated by each witness, whom you intend to call as an expert at trial, in connection with the opinions and subjects on which the witness is expected to testify.

RESPONSE: See Certificate of Merit and Expert report previously served upon the Defendant.

8. Each publication or paper that was written or worked on by each witness whom you intend to call as an expert at trial, and which refers or relates to the opinions and subjects on which the witness is expected to testify.

RESPONSE: Not in Plaintiff’s possession.

9. Each transcript of testimony given by each witness whom you intend to call as an expert at trial.

RESPONSE: Not in Plaintiff's possession.

10. All written or recorded statements of this party, or of any agent, representative or employee of this party, concerning the subject matter of this action.

RESPONSE: Please see medical records and letters attached.

11. All documents concerning any release, settlement or other agreement, formal or informal, pursuant to which the liability of any person or injury or damage arising out of the occurrence has been limited, reduced or released in any manner.

RESPONSE: None.

12. All documents which support the special damages (medical expenses, funeral expenses, property damage, lost earnings, etc.) which you claim in this action.

RESPONSE: Please see attached decedents medical chart, letters, death certificate, autopsy report and Certificate of Merit and Expert Report (all also previously served upon the Defendant.)

13. All photographs, videotapes or audiotapes, X-rays, diagrams, surveys, or other graphic representations of information concerning the subject matter of this action.

RESPONSE: All of the x-rays and radiology films are in the Defendants possession. Please see photos of the decedent attached.

14. A copy of the Decedent’s federal tax returns for each year from 2000 to date; a copy of Kathleen Denver federal tax returns for each year from 2000 to date.

RESPONSE: Plaintiff objects to producing these document as there is no claim for lost wages.

15. All records, x-rays, reports,. correspondence, or other documents in your possession, custody or control generated by any health care provider (including hospitals) who has seen, evaluated, or treated the Decedent within the last fifteen (15) years.

RESPONSE: Not in the Plaintiff’s possession.

16. Any insurance policy (or explanation of benefits under a self-insured program) that did or may provide benefits to the Plaintiffs as a result of the injuries alleged, or any treatment therefore.

RESPONSE: Not in the Plaintiff’s possession.

17. All documents which pertain to payment by an insurance company, or any self-insured payer, for treatment by any health care provider of the injuries alleged.

RESPONSE: All such documents are in the Defendant’s possession.

18. All documents which support any future losses which you claim in this action, including, but not limited to loss of earnings, loss of economic support, loss of pension benefits, loss of household services, etc.

RESPONSE: The only document would be the documents referencing the reduction in pension and social security benefits. Plaintiff does not have any pension plan documents. Please see bank statements.

19. Any statements contained in a published treatise, text, periodical, journal, or pamphlet on a subject of medicine or other science which will be relied upon by any expert witness or fact witness during his or her direct examination by you or your attorney.

RESPONSE: Not in the Plaintiff’s possession.

20. Any statements contained in a published treatise, text, periodical, journal, or pamphlet on a subject of medicine or other science which you are your attorney intend to call to
the attention of an expert witness, including this Defendant, and any other fact witness during cross-examination.

RESPONSE: Plaintiff objects to this request as her lawyer has not made a decision on what if any documents to show to any expert.

21. All diaries, calendars or journals or other documents kept or made by any of the Plaintiffs or kept or made on their behalf by anyone else from June 1, 2011 to the present, which refer to, contain information about or relate to the medical condition, medical care, medical treatment, medical instructions provided to Kenneth Denver.

RESPONSE: All such documents are made in the anticipation of litigation and at the request of Plaintiff’s lawyer except for the two documents attached hereto.

22. All DVDs, videotapes or photographs of Decedent taken in the last five years of Decedent’s life.

RESPONSE: Plaintiff objects as this request is over burdensome. Any such photos and videotapes that the Plaintiff intends to use at trial will be copied and produced. See attached photos.

23. All funeral and burial programs related to the Decedent’s funeral and burial services, if any.

RESPONSE: See attached.

24. All documents of any kind referring to, reflecting or containing any information about any conversations or interactions that you or anyone else had in June 2011 and afterwards with Meritus Medical Center/Washington County Hospital Association or anyone who is their agent, servant and/or employee.

RESPONSE: With the exception of documents that are protected by the attorney client relationship, see two documents attached.

25. Any and all documents sent to you by Meritus Medical Center/Washington County Hospital Association or anyone who is their agent, servant and/or employee that refer to, reflect or contain any information about the care, management and treatment provided to plaintiff's decedent.

RESPONSE: See two letters attached.

26. All employment records relating in any way to plaintff, whether employed or self-employed, including the name and address of all employers, the records of the dates absent from work for any reason whatsoever, the records relating to the fact and duration of unemployment for a period of five (5) years prior to the time of the occurrence alleged in the Plaintiffs’ Complaint and from the period in question to date.

RESPONSE: Plaintiff objects as there is no claim for lost wages.

27. Any and all documents, diaries, calendars, logs, journals, checkbooks, check registers, bank statements, telephone bills, prescriptions, prescription bottles and labels, voice and answering machine/service recordings/tapes, emails, floppy disks, DVDs, CDs or other documents or tangible items in your possession or in the possession of anyone with personal knowledge which refer to, describe or document any aspect of the subject matter or claims of his suit.

RESPONSE: Plaintiff objects as this request is overly broad. Plaintiff contends that the decedent’s medical chart and all documents produced in accordance with this request are relevant.

28. A true and accurate copy of any and all health insurance cards and other documentation that in any way indicates that plaintiff's decedent was a Medicare or Medicaid beneficiary or that plaintffs' decedent was eligible for Medicare and/or Medicaid benefits at the time of the treatment that is subject of the above-captioned matter. Include in your response to this request copies of any and all applications that Mr. Denver, or anyone on his behalf, made for benefits directed to Medicare and/or Medicaid.

RESPONSE: Plaintiff will try to locate the decedent's Medicare card if one exists.

29. Please provide a complete and accurate copies of any and all benefit statements you possess with regard to any Medicare and/or Medicaid benefits or payment made with regard to the above captioned suit.

RESPONSE: Not in the Plaintiff’s possession.

30. Please provide a complete and accurate copy of any and all copes of conditional payment summaries provided to you or received by you with regard to any and all Medicare and/or Medicaid benefits claimed or paid.

RESPONSE: None to date.

31. A true and accurate copy of any and all letters from CMS (Centers for Medicare and Medicaid Services) notifying or advising of, or indicating the existence of, any lien held by Medicare with regard to the patient that is the subject matter of this suit.

RESPONSE: None to date.

Respectfully submitted,
MILLER & ZOIS, LLC

Rodney M. Gaston
1 South St, #2450
Baltimore, MD 21202
(410)779-4600
(410)760-8922 (facsimile)
Attorney for the Plaintiffs

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