Sample Nursing Home Interrogatories to Defendant

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Defendant, Advocate North Side Health Network's Answers to Plaintiff's Interrogatories

Christopher M. Daddino, Brad Z. Schulman, McKay, Nora, Tanzillo, Daddino & Kott, LLP, 10 South Lasalle Street, Chicago, IL 60603, (312) 650-7900.

To: William J. Harte, Ltd.Myers, Miller & Krauskopf
111 West Washington Street2 North LaSalle Street
Ste. 1100Ste. 1200
Chicago, IL 60602Chicago, IL 60602

NOW COMES defendant, ADVOCATE NORTH SIDE HEALTH NETWORK d/b/a WARREN BARR PAVILION, by and through its attorneys, McKAY, NORA, TANZILLO, DADDINO & KOTT, LLP, and for its answers to plaintiffs interrogatories, herein states as follows:

1. State the full name and address of the person answering these interrogatories and, if different, the full name and address of the individual signing the answers.

ANSWER: William Werner, MD

Vice President Medical Management

Advocate North Side Health Network

836 W. Wellington Avenue, Suite 1602

Chicago, Illinois 60657

2. Please identify the owner(s) of the Warren Barr Nursing Pavilion from June 2002 to the present.

ANSWER: From June 2002 until December 1, 2002, Warren Barr was owned by Advocate North Side Health Network. On December 1, 2002, Advocate sold and transferred all assets and liabilities to Warren Barr Pavilion Realty, LLC.

3. Please describe the relationship between the Advocate North Side Health Network and the Warren Barr Nursing Pavilion between June 2002 to the present, indicating whether the Advocate North Side Health Network was or is currently engaged in any of the following activities during this period of time:

(a) ownership of the Warren Barr Nursing Pavilion;

(b) management or administration of the Warren Barr Nursing Pavilion;

(c) the hiring and firing of the physicians, nurses, and certified nurses' assistants at the Warren Barr Nursing Pavilion;

(d) the determination of the pay and benefits of the physicians, nurses, and certified nurses' assistants at the Warren Barr Nursing Pavilion;

(e) the review or promulgation of guidelines regarding the appropriate methods for the care and treatment of any injury or illness by physicians, nurses, and certified nurses' assistants at the Warren Barr Nursing Pavilion;

(f) payment for any service rendered at the Warren Barr Nursing Pavilion.

ANSWER: (a)-(f) Objection; said interrogatory is improper in form, overly broad, and unduly burdensome, vague and ambiguous and calls for a legal conclusion.

4. Please identify the name, business and personal residence address, employer and professional title of all physicians, nurses, and certified nurses' assistants on duty at the Warren Barr Nursing Pavilion on October 15, 2002.

ANSWER: Objection; said interrogatory is overly broad and unduly burdensome. Without waiving said objection, please refer to plaintiffs medical records. Upon specific request, any specific signature or person will be identified.

5. Please state the name of the certified nurse assistant who cared for and dropped Plaintiff on October 15, 2002, and indicate whether the certified nurse assistant was an employee, agent, servant, shareholder or partner of Warren Barr Nursing Pavilion and/or Advocate North Side Health Network at the time of the care or treatment of the Plaintiff alleged in the Complaint. Please state with specificity the nature of the relationship between the certified nurse assistant and Warren Barr Nursing Pavilion and/or Advocate North Side Health Network.

ANSWER: Objection; said interrogatory is improper in form, calls for a legal conclusion and is a contention interrogatory which is improper under Fedors v. O'Brien.

6. State for each person who directly or indirectly was involved in the care or treatment of the Plaintiff alleged in the Complaint:

(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 Warren Barr Nursing Pavilion and/or Advocate North Side Health Network;

(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: Objection; said interrogatory is overly broad, unduly burdensome and vague. Without waiving said objection, none other than the treators that were included in the Plaintiffs medical records. The investigation continues.

7. Please identify the name, business and personal residence address, employer and professional title of each person who has witnessed, or claims to have knowledge of, the facts of the occurrence as alleged in the Complaint, the injuries and damages following therefrom, or any other matter relevant to the subject matter involved in the pending action.

ANSWER: None other than those that may be reflected in plaintiffs medical records, the documents produced by the parties and the documents produced pursuant to subpoena with notice to all parties. The investigation continues at this time.

8. Do you know of any statements made by any person relating to the care and treatment of the Plaintiff or the damages alleged of in the Complaint? If so, give the name and address of each such witness and the date of the statement, and state whether such statement was written or oral and if written the present location of each such statement.

ANSWER: None other than those that may be reflected in plaintiffs medical records, the documents produced by the parties and the documents produced pursuant to subpoena with notice to all parties. The investigation continues at this time.

9. If it is your contention that Plaintiffs injuries were caused in whole or in part by some person other than any agent or employee of the Warren Barr Nursing Pavilion and/or Advocate North Side Health Network, please identify each such person fully, giving that person's name, residential address, occupation, title and employment relationship to the Warren Barr Nursing Pavilion and/or Advocate North Side Health Network, if any, at the time of the alleged occurrences and their last known address:

ANSWER: Objection; said interrogatory is improper in form and calls for a legal conclusion. However, without waiving said objection, none are known at this time and the investigation continues.

10. If you claim that the alleged occurrences resulted from Plaintiffs own lack of due care, please set forth as fully and specifically as you can, what acts, conduct or omissions constituted such lack of due care.

ANSWER: Objection; said interrogatory is improper in form and calls for a legal conclusion. Without waiving said objection, no acts are known at this time. The investigation continues.

11. Has the Warren Barr Nursing Pavilion and/or Advocate North Side Health Network been named as a Defendant in a lawsuit arising from alleged malpractice or professional negligence during the 8 year period preceding the filing of this lawsuit? If so, state the court, the caption and the case number for such lawsuit.

ANSWER: Objection; said interrogatory is overly broad, unduly burdensome and seeks information that is unlikely to lead to relevant or admissible evidence at the time of trial. Without waiving said objection, yes. All such records are available to the public through the Clerk of the Circuit Court of Cook County or the Clerk's Office of the Seventh Judicial Circuit.

12. State whether the Warren Barr Nursing Pavilion and/or Advocate North Side Health Network was named or covered under any policy or policies of medical liability insurance at the time of the care or treatment alleged in the Complaint? If so, state for each policy:

(a) The name of the insurance company;

(b) The policy number;

(c) The effective policy period;

(d) The maximum liability limits for each person and each occurrence, including umbrella and excess liabilit coverae; and

(e) The named insured(s) under each policy.

ANSWER: Advocate North Side Health Network was at all times covered under Advocate's Self-Insurance Trust with a retention in the amount of $15,000,000. The effective policy year was 2002.

13. State whether there were any policies, procedures, guidelines, rules or protocols for transfer of Plaintiff and/or her wound care in effect at Warren Barr Nursing Pavilion 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: (a) Yes, Warren Barr Pavilion;

(b) See individual policies;

(c) Objection, said interrogatory is vague.

(d) See individual policies;

(e) Objection, this request called for irrelevant information as well as information not in this defendant's possession.

14. Have you (or has anyone acting on your behalf) had any conversations with any person at any time with regard to the manner in which the care and treatment alleged in the Complaint was provided, or have you overheard any statement made by any persons at any time with regard to the injuries complained of by the plaintiff or the manner in which the care and treatment alleged in the Complaint was provided? If so, state:

(a) The date or dates of such conversation(s) and/or statement(s);

(b) The place of such conversation(s) and/or statement(s);

(c) All persons present for the conversation(s) and/or statement(s);

(d)The matters and things stated by the person in the conversation(s) and/or statement(s);

(e) Whether the conversation(s) was oral, written and/or recorded; and

(f) Who has possession of the statement(s) if written and/or recorded.

ANSWER: None other than those that may be reflected in plaintiffs medical records, the documents produced by the parties and the documents produced pursuant to subpoena with notice to all parties.

15. Do you have any information:

(a) That any plaintiff was, within the 10 years immediately prior to the care and treatment alleged in the Complaint, confined in a hospital and/or clinic, treated by a physician and/or other health professional, or x-rayed for any reason other than personal injury? If so, state the name of each plaintiff so involved, the name and address of each such hospital and/or clinic, physician, technician and/or other health care professional, the approximate date of such confinement or service and state the reason for such confinement or service.

(b) That any plaintiff has suffered any serious personal injury and/or illness within 10 years prior to the date of the occurrence? If so, state the name of each plaintiff so involved and state when, where and how he or she was injured and/or ill and describe the injuries and/or illness suffered.

(c) That any plaintiff has suffered any serious personal injury and/or illness since the date of the occurrence? If so, state the name of each plaintiff so involved and state when, where and how he or she was injured and/or ill and describe the injuries and/or illness suffered.

ANSWER: None other than those that may be reflected in plaintiffs medical records, the documents produced by the parties and the documents produced pursuant to subpoena with notice to all parties.

16. List the name and address of all persons (other than yourself and persons heretofore listed) who have knowledge of the facts of the care and treatment complained of in the Complaint filed herein and/or of the injuries claimed to have resulted therefrom.

ANSWER: None other than those persons who may be disclosed in plaintiffs medical records, documents produced by the parties, and the documents produced pursuant to subpoena with notice to all parties.

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