Nursing Home Interrogatories 5 - Plaintiff's Answers to Nursing Home Defendant's Interrogatories

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Plaintiff's Answers to Defendant, Provena Senior Services, d/b/a Provena Pine View Care Center's Interrogatories

Matthew L. Williams - ARDC# 06256858, Salvi, Schostok & Pritchard, P.C., 181 W. Madison, Suite 3800, Chicago, Illinois 60602, (312) 372-1227, Firm # - 34560.

NOW COMES Plaintiff, RICHARD OBRENSKI, by and through his attorneys, SALVI, SCHOSTOK & PRITCHARD, P.C., and in response to Defendant, PROVENA SENIOR SERVICES, d/b/a PROVENA PINE VIEW CARE CENTER's Interrogatories:

1. State your full name, as well as your current residence address, social security number, date and place of birth, and any other name by which you have ever been known.

ANSWER: Richard O'Brenski 935 Maple Avenue Homewood, IL 60430 Date of Birth: XX/XX/40 Place of Birth: Chicago, IL Social Security Number: XXX-XX-XXXX

2. Describe the acts and/or omissions of the defendant(s), i.e., the specific diagnosis, procedure, test, therapy, treatment or other type of healing arts ministration which you claim caused or contributed to the injuries and death for which you seek damages and, as to each, state:

a) The date or dates thereof

(b) The name and address of each witness;

(c) The name and addresses of all other persons having knowledge thereof and as to each such person the basis for his or her knowledge; and

(d) The location of any and all documents, including without limitation, hospital and medical records reflecting such acts and/or omissions.

ANSWER: The acts and/or omissions of the Defendants that caused or contributed to the claimed injuries are set forth in Plaintiff's Complaint and the 735 ILCS 5/2-622.ertificate. Answering further, all acts of the Defendants regarding the care and treatment administered to Richard O'Brenski, are set forth in Plaintiff's medical records.

3. State the full name, last known address, telephone number, occupation and/or profession, employer or business affiliation, and relationship to you of each person who has or claims to have knowledge that the defendant's) deviated from any applicable standard of care in relation to the decedent. As to each such person, state:

(a) The nature of such knowlede;

(b) The manner whereby it was acquired;

(c) The date or dates upon which such knowledge was acquired; and

(d) The identity and location of any and all documents reflecting such deviation.

ANSWER: Plaintiff's attorneys have spoken with persons practicing the healing arts regarding the above issues in an effort to comply with 735 ILCS 5/2-622.f the Illinois compiled statutes. Plaintiff has not yet disclosed the identity and opinions of her expert witnesses. Plaintiff reserves the right to supplement this answer upon the completion of the appropriate discovery and pursuant to the rules of disclosure.

4. Do you know of any statements made by any person relating to the care and treatment or the damages alleged 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 entries in the medical records that can be construed as statements.

5. State the name, author, publisher, title, and date of publication and specific provision of all medical texts, books, journals or other medical literature which you or your attorney intend to use as authority or reference in proving any of the allegations set forth in the Complaint.

ANSWER: It is unknown at present what texts, books, journals or literature may be used as authority or reference in this case. The answer to this interrogatory will be supplemented in accordance with Illinois Supreme Court Rule 213.

6. Identify each and every rule, regulation, by-law, protocol, standard or writing of whatsoever nature by any professional group, association, credentialing body, accrediting authority or governmental agency which you, or your attorney, may use at trial to establish the standard of care owed by the defendant(s), or the breach thereof.

ANSWER: It is unknown, at present, what rule, regulation, bylaw, protocol, standard or writing, from whatever source, may be used at the trial of this cause. The answer to this interrogatory will be supplemented in accordance with Illinois Supreme Court Rule 213.

7. Please identify and state the location of any of the following documents relating to the issues in this case which either bear the name, handwriting and/or signature of the defendant(s):

(a) Publication and/or professional literature authored by the defendant(s), including publication source and reference;

(b) Correspondence, records, memoranda or other writings prepared by the defendant(s) regarding your diagnosis, care and treatment, other than medical and hospital records in this case; and

(c) Documents prepared by persons other than you or your attorneys which contain the name of the defendant(s).

ANSWER: None other than the medical records in our possession at this time.

8. Describe the personal injuries sustained by you as the result of the negligent act or omissions described in your Complaint.

ANSWER: Objection. Plaintiff is not medically trained and therefore cannot answer this interrogatory from a medical standpoint. Without waiving said objection, plaintiff sustained pressure sores and ulcers to the left leg and foot, osteomyelitis, a staph infection and left leg amputation, resulting in extensive personal and pecuniary injuries.

9. With regard to your injuries, state:

(a) The name and address of each attending physician and/or health care professional;

(b) The name and address of each consulting physician and/or other health care professional;

(c) The name and address of each person and/or laboratory taking any x-ray, MRI and/or other radiological tests of you;

(d) The date of inclusive dates on which each of them rendered you service;

(e) The amounts to date of their respective bills for service; and

(f) From which of them you have written reports.

ANSWER: The following is a list of facilities where plaintiff has been treated. The names of the physicians who treated plaintiff are set forth in the medical records. The date or inclusive dates on which each of them provided treatment, as well as the respective bills for that service are set forth within the medical bills.

Provena Pine View Care Center 611 Allen Lane St. Charles, IL 60174 5/14/05 - 8/26/05

RML Specialty Hospital 5601 S. County Line Road Hinsdale, IL 60521 11/14/05 - 12/19/05

Hinsdale Hospital 900 S. Frontage Road Woodridge, IL 60517 12/19/05-12/30/05

Delnor Community Hospital 300 Randall Road Geneva, IL 60134 7/01/05 - 7/05/05; 8/02/05 - 8/21/05 11/03/05

10. As the result of your personal injuries, were you a patient or outpatient in any hospital and/or clinic? If so, state the names and addresses of all hospitals and/or clinics, the amounts of their respective bills and the date or inclusive dates of their services.

ANSWER: See Plaintiff's Response to No. 10 above.

11. As the result of your personal injuries, were you unable to work? If so, state:

(a) The name and address of your employer, if any, at the time of the acts and/or omissions described in the Complaint, your wage and/or salary, and the name of your supervisor and/or foreperson;

(b) The date or inclusive dates which you were unable to work;

(c) The amount of wage and/or income loss claimed by you; and

(d) The name and address of your present employer and your wage and/or salary.

ANSWER: Yes. Mr. O'Brenski was training for a position as an outside sales representative for Fox Valley Fork Lift. He planned to work 40 hours a week and was going to be paid based on commission. Mr. O'Brenski will provide further testimony related to lost wages at the time of his deposition.

12. State any and all other expenses and/or losses you claim as a result of the acts and/or omissions described in the complaint. As to each expense and/or loss, state the date or dates it was incurred, the name of the person, firm and/or company to whom such amounts are owed, whether the expense and/or loss in question has been paid and, if so, by whom it was so paid, and describe the reason and/or purpose for each expense and/or loss.

ANSWER: Plaintiff will claim any and all expenses and losses allowed by Illinois law.

13. Had you suffered any personal injury or prolonged, serious and/or chronic illness within ten (10) years to the date of the acts and/or omissions described in your complaint? If so, state when and how you were injured and/or ill, describe the injuries and/or illness suffered, and state the name and address of each physician, or other health care professional, hospital and/or clinic rendering you treatment for each injury and/or chronic illness.

ANSWER: Coronary artery disease, inferolateral myocardial infarction, 1995 Coronary artery bypass grafting x 3, 1995 Automatic Implantable Cardioverter Defibrillator placement, 2003 Congestive Heart Failure, Diabetes Amputation of right leg in 1996.

14. For each physician, or other health care professional, hospital and/or clinic identified in the preceding paragraph, state the name and address of each insurance company or other entity (health maintenance organization, governmental public assistance program, etc.) which provided to you indemnity, reimbursement or other payment for the medical services received by you and as to each such payer, state the policy number, group number and/or identification number under which you were able obtain such medical services.

ANSWER: None that I am aware of.

15. Have you suffered any personal injury or prolonged, serious and/or chronic illness since the date of the negligent act or omission alleged in your complaint? If so, state when you were injured and/or ill, where and how you were injured and/or ill, describe the injuries and/or illness suffered, and state the name and address of each physician or other health care professional, hospital and/or clinic rendering you treatment for each injury and/or chronic illness.

ANSWER: No.

16. Have any other suits been filed for your personal injuries preceding the filing of this lawsuit? If so, state the nature of the injuries claimed, the courts and the captions in which filed, the years filed, and the titles and docket numbers of the suits.

ANSWER: No.

17. Have you filed a claim for and /or received worker's compensation benefits? If so, state the name and address of the employer, the date(s) of the accident(s), the identity of the insurance company that paid any such benefits and the case number(s) and jurisdiction(s) where filed.

ANSWER: No.

18. Did defendant(s) or anyone associated with defendant(s) give you information or discuss with you the risks involved in the treatment to be given you? If so, state the date(s) and places(s) such information was given, the name(s) of the person(s) providing such information or engaging you in the discussion, and give a description of the information provided or discussed with you.

ANSWER: Objection. The term “the risks involved in the treatment to be given you” is vague and over broad. Without said objection, plaintiff did have conversations with various health care providers regarding the treatment. Whether those conversations constituted a discussion of risks is a legal conclusion. Answering further, the information sought would be better answered at a discovery deposition.

19. Are you claiming any psychiatric, psychological and/or emotional injuries as a result of the acts and/or omissions described in the complaint? If so, state:

(a) The name of any psychiatric, psychological and/or emotional injury claimed, and the name and address of each psychiatrist, physician, psychologist, therapist or other healthcare professional rendering you treatment for each injury;

(b) Whether you had suffered any psychiatric, psychological and/or emotional injury prior to the date of the acts and/or omissions described in the complaint; and

(c) If (b) is in the affirmative, please state when and the nature of any psychiatric, psychological and/or emotional injury, and the name and address of each psychiatrist, physician, psychologist, therapist or other healthcare professional rendering you treatment for each injury.

ANSWER: No.

20. Pursuant to Illinois Supreme Court Rule 213 (g). provide the name and address of each opinion witness who will offer any testimony and state:

a. The subject matter on which the opinion witness is expected to testify;

b. The conclusions and/or opinions of the opinion witness and the basis therefore, including a curriculum vitae and/or resume, if any;

c. The qualifications of each opinion witness, including a curriculum vitae and/or resume, if any;

d. The identity of any written reports of the opinion witness regarding this occurrence; and

e. Whether or not the opinion witness has been retained by you to testify at trial.

ANSWER: It is unknown at present which expert witnesses will be called to testify at the time of trial. Plaintiff will supplement this response in accordance with the applicable discovery rules and trial court schedule.

21. Pursuant to Illinois Supreme Court Rule 213(f). provide the name and address of each witness who will testify at trial and state the subject of each witness' testimony.

ANSWER: Illinois Supreme Court Rule 213(f)(3).itnesses will be disclosed in accordance with court order. The following witnesses may testify pursuant to Illinois Supreme Court Rules 213(f)(1) and (f)(2).

Richard O'Brenski 935 Maple Avenue Homewood, IL 60430

Plaintiff Richard O'Brenski will testify regarding his injuries, medical treatment, his pain and suffering, loss of normal life, and what affect this has had on his life. He will also testify as to the status of the payment of the medical bills and other economic damages that he has suffered as a result of his injuries, and any additional testimony elicited at his deposition.

Diana O'Brenski 935 Maple Avenue Homewood, IL 60430

Ms. O'Brenski will testify that she is the wife of Plaintiff Richard O'Brenski. She will also testify regarding her observations of the medical treatment, the pain and suffering that Mr. O'Brenski has endured. She will testify regarding the status of payment of the medical bills and any additional testimony elicited at her deposition.

Vicki O'Brenski

Vicki O'Brenski will testify that she is the daughter of Plaintiff, Richard O'Brenski. She will testify regarding her observations of the medical treatment provided to O'Brenski, the pain and suffering he has endured, and additional testimony elicited at her deposition.

Eileen Brewer

Ms. Brewer will testify that she is the niece of Plaintiff, Richard O'Brenski. She will testify regarding her observations of the medical treatment provided to O'Bresnnki, the pain and suffering he has endured, and additional testimony elicited at her deposition.

Brian Trishman

Mr. Trishman will testify that he is the son-in-law of Plaintiff, Richard O'Brenski. He will testify regarding his observations of the medical treatment provided to O'Brenski, the pain and suffering he has endured, and additional testimony elicited at her deposition.

The nursing staff and medical doctors seen by Plaintiff may be called to testify regarding their care and treatment of Mr. O'Brenski. Plaintiff will supplement as this information becomes available and in accordance with the discovery rules and court order.

22. Do you have any photographs, movies and/or videotapes relating to the acts and/or omissions which are described in your complaint and/or the nature and extent of any injuries for which recovery is sought? If so, state the date or dates on which such photographs, movies and/or videotapes were taken, who was displayed therein, who now has custody of them, and the name, address, occupation and employer of the person taking them.

ANSWER: See attached photographs.

23. 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 described in your complaint was provided, or have you overheard any statement made by any person at any time with regard to the injuries complained of by plaintiff or the manner in which the care and treatment alleged in the complain was provided? If so, state:

(a) The date 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 statements(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: No.

24. Have you received any payment and/or other consideration form any source in compensation for the injuries alleged in your complaint? If your answer is in the affirmative, state:

(a) The amount of such payment and/or other consideration received;

(b) The name of the person, firm, insurance company and/or corporation making such payment or providing other consideration and the reason for the payment and/or other consideration; and

(c) Whether there are any documents evidencing such payment and/or other consideration received.

ANSWER: a-c. Objection. Collateral source rule. Without waiving said objection, plaintiff has produced medical bills. Some of the medical bills have been paid by insurance. The amounts billed and amounts paid are reflected on the bills that have been produced.

25. Have you retained any expert(s), other than as a “consultant” as that term is defined in Supreme Court Rule 201(b)(3). to testify on your behalf at trial or to assist you in any other way? If so, for each retained expert, state:

(a) The expert's area(s) of expertise;

(b) The experts qualification, including a curriculum vitae and/or resume, if any; and

(c) The conclusions and/or opinions and bases therefore, including whether written reports have been prepared by the expert(s) and if so, attach copies of the reports.

ANSWER: Plaintiff will disclose expert witnesses in accordance with court order.

26. Identify any statements, information and/or documents known to you and requested by any of the foregoing interrogatories which you claim to be work product or subject to any common law or statutory privilege, and with respect to each interrogatory, specify the legal basis for the claim as required by Illinois Supreme Court Rule 201(n).

ANSWER: None.

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

ANSWER: None other than previously listed.

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