Requests to Produce 1 - model for med mal suit

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PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS PURSUANT TO RULE 34

The plaintiff , by and through his attorney and pursuant to Rule 34 serves the following request for production of documents upon defendant to be responded to within [under Federal Rule 34; forty-five days when served with complaint and thirty days otherwise] days after the date of service.

INSTRUCTIONS FOR ANSWERING

1. Production can be accomplished by mailing the documents within the rule time to the Law Offices of [name], [address].

2. The documents requested for production include those in the possession, custody, or control of defendant, its agents, representatives, or attorneys.

3. Copies, if authenticated, of the original may be supplied in response.

4. Each request should be responded to separately. However, a document which is the response to more than one request may, if the relevant portion is marked or indexed, be produced and referred to in a later response.

5. Each request refers to all documents that are either known by the defendant to exist or that can be located or discovered by reasonably diligent efforts of the defendant.

6. (If under Federal Rules of Civil Procedure) Please note that the defendant, pursuant to Fed. R. Civ. P. 26(e), is under a continuing duty to seasonably supplement the production with documents obtained subsequent to the preparation and filing of a response to each request.

7. All documents called for by this request or related to this request, for which the defendant claims a privilege or statutory authority as a ground for non-production shall be listed chronologically as follows: (a) date; (b) title; (c) type of document; (d) number of pages; (e) subject matter [without revealing the relevant information for which privilege or statutory authority is claimed]; and (f) factual and legal basis for claim, privilege or specific statutory or regulatory authority which provides the claimed ground for nonproduction.

DEFINITIONS

The terms documents and things shall include all types of recorded information, including but not limited to writings, drawings, graphs, charts, photographs, phonorecords and other data compilations from which information can be obtained, translated, if necessary, through detection devices into reasonably usable form. The term "document" is to be defined to include all tangible things by which human communications are transmitted or stored. Designated documents are to include all attachments, enclosures, or other documents that are attached to, relate to, or refer to such designated document. The term "During the Relevant Time Period" shall mean a period of five years before and up to the date of the occurrence alleged in the plaintiff's Complaint.

REQUESTS

1. The complete files in the possession, custody or control of the defendant relating to the plaintiff, including but without limitation, the entire hospital medical records, financial records, surgical records, mental illness records, x-rays, radiographic films, pathology materials, including but not limited to slides and other tissue samples, or any other records or materials related to any diagnostic or treatment tests or procedures, laboratory logs, equipment logs, financial records, bills, invoices, writings, notes or memoranda relating to all of the plaintiff's physical, medical or mental conditions, illnesses or disabilities, including but not limited to those doctors, nurses, practitioners, hospitals, clinics, institutions or other health care providers or third party private or governmental health or accident insurers, without regard to whether it is the plaintiff's contention that such physical, medical or mental conditions, illnesses or disabilities were caused in any way by the [defendant] or any agent or employee of the [defendant]:

(a) for a period of five years before and up to the date of the occurrence alleged in the plaintiff's Complaint,

(b) for a period of time commencing on the date of the occurrence alleged in the plaintiff's Complaint up to and including the present date.

2. Corporate Bylaws,

3. Medical Staff Bylaws,

4. Medical Staff Rules and Regulations,

5. Policies, Procedures, Rules, Regulations, Guidelines, Standards and Practices for the (name of department involved in case) hospital department,

6. Names and addresses of all hospital employees on duty or assigned to be on duty in the (name of department) department between (dates of medical malpractice time period), including names and addresses of administrative staff, nursing staff and medical staff.

7. Personnel files on (individuals involved, usually as shown in hospital records).

8. Credential and personnel files on (physicians or surgeons involved in alleged malpractice or preoperative or postoperative procedures, operations, care and treatment).

9. All documents which the defendant intends to introduce into evidence in the trial of this case or which may be used to refresh the recollections of witnesses at depositions or trial.

10. All statements or memos relating to witnesses or potential witnesses or persons contacted in connection with this case.

11. All documents which the defendant contends support the defenses asserted in the defendant's answer.

12. All documents referring to or reflecting all insurance policies and/or insurance coverage which the defendant has or has had for any liability related to the alleged occurrence.

13. All other documents in the possession of the defendant that pertain to this legal action that are not described above.

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