IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION

Transcription

1 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION DECEASED NURSING HOME PATIENT, ) ) Plaintiff, ) ) v. ) No: ) NURSING HOME WHERE PATIENT ) DEVELOPED BED SORES ) ) Defendants. ) The word "party" shall, if an individual, also include members of his immediate family, and shall, if a corporation include its officers, directors, managing agents and foremen. No party is, by this Request to Produce, required to disclose which witnesses (other than non-treating experts who are not merely consultants) his attorney intends to use upon the trial or the order or intended examination of such witnesses or his attorney's consultants. The materials Requested include only those materials in the possession or control of the party to whom this Request to Produce is directed. If you are declining to produce any document or respond to any paragraph in whole or in part because of a claim of privilege, please: a. identify the subject matter, type (e.g., letter, memorandum), date, and author of the privileged communication or information, all persons that prepared or sent it, and all recipients or addressees; b. identify each person to whom the contents of each such communication or item of information have heretofore been disclosed, orally or in writing; c. state what privilege is claimed; and d. state the basis upon which the privilege is claimed. If any document requested was, but no longer is, in your possession or subject to your control, please state: a. the date of its disposition; b. the manner of its disposition (e.g., lost, destroyed, transferred to a third party); and c. an explanation of the circumstances surrounding the disposition of the document. 1

2 1. Copies of any statements that pertain in any manner to this litigation, Nursing Home Patient, and/or the issues presented. This request applies to oral statements, transcribed in whole or part; written statements; typed statements; statements contained on computer files; statements contained on tape; or statements possessed in any other format. This statement applies to statements contained within documents as the term is defined in Illinois Supreme Court Rule Any and all insurance agreements or policies, including any excess coverage policies, under which any person or entity carrying on an insurance business may be liable to satisfy part or all of a judgment which may be rendered in this action or to indemnify or reimburse for payments made to satisfy the judgment. If any such policy is an aggregate limits policy, then produce the correspondence from any claimant and petitions for claims brought within the policy year. Due to the severe nature of the injuries suffered, it is not sufficient to respond that there is adequate insurance coverage, as Plaintiff must make that determination. 3.For the five years before the following and including the dates to, produce copies of annual recertification surveys; complaint surveys provided by IDPH and all plans of corrections submitted to the state relating to preventing: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection and/or providing care or treatment for the same. 4. Produce any and all contracts or agreements with any physical or occupational therapist, speech language pathologist and/or rehabilitation company that were in effect with Answering Defendant during the dates to. 5. Produce any and all lease and/or rental agreements between Answering Defendant and any persons or entities that were in effect during the dates to. 6. Produce all indices or tables of contents of policies and procedures for the following, which were in full force and effect at Answering Defendant s facility during the dates to : Nursing home; Nursing Services; Admission; Administrative; Marketing; Social Service; Rehabilitation; Activities; and Human Resources. 7. Produce all policies and procedures which employees were to follow relating to preventing: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection and/or providing treating or care for the same, that were in effect during the dates to. 2

3 8. Produce all licenses issued by the Illinois Department of Public Health (IDPH) or the Illinois Department of Public Aid to operate Answering Defendant s facility that were in effect during the dates to. 9. Regarding incidents, produce for five years before the following and including the dates to up until Nursing Home Patient left the defendant s facility, produce the following documents as it relates to any resident and preventing: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection. a. Incident reports; b. QI or Quality assurance meetings; c. Corporate Risk Management Records; d. IDPH surveys and subsequent plans of correction for each; e. Lawsuits. 10. Organization Chart of Hierarchy for each of the job titles at Nursing Home. 11. Produce any and all photos, videos, or other depictions of Nursing Home Patient while living at the facility, which would include, but not be limited to, all done for documentation or treatment of injuries, falls, cuts and abrasions, bruises and decubitus ulcers. 12. Produce any and all photos, videos, or other depictions of the nursing home, the unit or wing where Nursing Home Patient resided in the nursing home, Nursing Home Patient, the injuries alleged in this case, and/or of any of the employees while working in said facility that were taken during the dates to. 13. Produce any and all resident Council Committee and/or Family Council Committee minutes for the twelve months preceding and including the dates to that relate to preventing: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection and/or treating the same. 14. Produce any and all documentation regarding any investigation performed by Answering Defendant or any person, firm, or government agency regarding methods, care and/or treatment for preventing: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection. 3

4 15. Produce all documents used or relied upon by individuals to determine whether anyone else s negligence or inactions contributed to the damages or occurrences complained of. 16. All documents and/or materials provided at admission and orientation of Nursing Home Patient, including, but not limited to, brochures, summary of Nursing Home Patient s rights, rate schedules, available services, mission statements, and responsibilities of resident and facility, which were used during the 12 months preceding and including the dates to regarding preventing: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection. 17. All documents and/or materials used to solicit new residents, expand business, attract new residents, including but not limited to, brochures, sales documents, websites, which were used during the 12 months preceding and including the dates to. 18. Produce the complete, original chart maintained on Nursing Home Patient, which would include, but not be limited to: a. Applications for residence; b. Documents relating to the care, custody, or treatment rendered, including assessments, resident assessment protocols, minimum data sets, care plans, wound treatments, occupational, speech physical and/or other therapy records, and/or activity records, etc.; c. Notes, memos, and/or correspondence relating to the care, custody and/or treatment rendered; d. Administrative file. 19. The following documents pertaining to Answering Defendant: a. Articles of Incorporation; b. By-Laws; c. Meeting Minutes; d. Amendments; e. Resolutions; and f. Governing Body meeting minutes. 4

5 20. Any and all documents reflecting reprimands, firings, or disciplinary actions taken against any employee of Defendant, as concerns the care and treatment of Henry Latham, or the investigation into the care and treatment of same. 21. Any and all documents reflecting reprimands, firings, or disciplinary actions taken against any employee of Defendant, as concerns the care and treatment of a Henry Latham relating to any failure to prevent: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection that occurred during the dates to. 22. Documents and/or minutes relating to any and all Advisory Board and Resident Care Policy Committee minutes for the 12 months preceding and including the dates to, that relate to the evaluation of NURSING HOME policies and procedures and/or the modification of said policies and procedures as concerns NURSING HOME Nursing department 23.» Any and all quality assessment and quality assurance committee minutes, memorandum, notes, documentation provided and presented to and other documentation for each and every quality assessment and/or quality assurance committee meeting for the twelve months preceding and including the dates to regarding preventing: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection. 24. Any and all plans of correction, including any informal dispute resolution proceedings or any other hearings, meetings or conferences between regulatory bodies, ombudsmen and/or resident advocate for the 36 months preceding and including the dates to. 25. For the 12 months preceding and including the dates to, produce any and all reports, memos, and evaluations authored by any party to this case, any management company, or any other person, firm or corporation to NURSING HOME facility that addresses the following as it relates to preventing: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection. g. Facility budgets; h. Facility staffing; i. Consultant reports; j. Nursing department new hires; and/or k. Training. 5

6 26. For the twelve months preceding and including the dates to, produce any and all employee evaluation(s) for any and all person(s) employed by Answering Defendant s facility as a licensed nursing home administrator. 27. Job descriptions that were in effect during the dates to for the following persons: Certified nursing assistants/aides; Dieticians, Dietary aides, dietary managers, and registered dieticians; physical, occupations, and recreational/activity therapists; social workers and designees; Nurses, licensed practical nurses, registered nurses; care plan Coordinators; MDS coordinators; medical directors; administrators and assistant administrators; directors and assistant directors of nursing; and any and all consultants, including those supplied by WOUND CARE CONTRACTOR. 28. Produce the annual operational budget, including drafts and revisions of the same for 24 months preceding and including the dates of to. 29. For twelve months preceding and including the dates to, produce a copy of any and all contracts that were in effect between Answering Defendant and any management companies and/or outside consultants. 30. For one month preceding and including the dates of to, produce all timesheets or timecards for any and all of Answering Defendant s employees who were assigned to provide care to Nursing Home Patient. 31. Produce all documents and receipts reflecting payment made by any and all insurance companies or governmental agencies of any medical bills or other expenses for the lodging, care, and/or treatment given to Nursing Home Patient. 32. All documents pertaining to or describing the nature of any contractual relationship between NURSING HOME and any defendant s in this action which were in effect at any time during the time period of to. 33. Copies of any and all settlement agreements, business agreements, covenants not to sue, indemnity agreements, and any other agreements you have entered into with other persons or business entities concerning the events described in Plaintiffs' Complaint. 34. Any and all documents received by you or on your behalf under any authorization executed by Plaintiffs, i.e., medical authorization, employment authorization, etc. 35. Any and all documents received by you or on your behalf under any subpoena or deposition in this case. 36. Any and all photographs, slides, videotapes, moving pictures, or other visual representations that you may use as an exhibit in any hearing or trial of this cause. 37. Any and all communication between this Defendant and the Illinois Department of Public Health regarding any accident, incident, or violation pertaining in any manner to Nursing Home Patient. 6

7 38. Any document, which addresses the subject of how to increase patient occupancy at NURSING HOME, which this Defendant authored, reviewed, revised and/or approved which was in effect at any time from to. This Request includes but is not limited to any document containing NURSING HOME marketing strategy, goals, objectives, or tactics. 39. Any statement, representation, promise, and/or claim made by this Defendant from to, to any government agency as to: a. The ability of NURSING HOME to adequately provide for the needs and care of Nursing Home Patient who is the subject of this litigation or residents of NURSING HOME in general; b. The adequacy of care provided to Henry Latham; c. The compliance of NURSING HOME with all terms of its provider contract with the Illinois Department of Public Aid, Illinois Department of Public Health or any rules, regulations, or laws mandating the quality of care to be provided to any residents, including Nursing Home Patient. 40. All guidelines and procedures utilized by you or in your possession, custody or control for determining whether NURSING HOME had sufficient number of nursing personnel which includes registered and licensed vocational nurses, nurses assistants, medication assistants, orderlies, and other staff, from to a. Provide 24-hour nursing services; b. Meet the needs of residents who are admitted to and remain in the facility; c. Meet the total nursing needs of recipient-patients; d. Meet the total nursing needs of Nursing Home Patient; e. Meet the needs of Nursing Home Patient as it pertains to preventing: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection and/or providing care and treatment for the same. 41.All calculations, formulas, computations, documents that relate to determining or confirming whether NURSING HOME had sufficient number of nursing personnel which includes registered and licensed vocational nurses, nurses assistants, medication assistants, orderlies, and other staff, from to : 7

8 a. Provide 24-hour nursing services; b. Meet the needs of residents who are admitted to and remain in the facility; c. Meet the total nursing needs of recipient-patients; d. Meet the total nursing needs of Nursing Home Patient. e. Meet the needs of Nursing Home Patient as it pertains to preventing: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection and/or providing care and treatment for the same. 42. As it relates to preventing: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection and/or the care and treatment of the same, all written guidelines, policies, and procedures of NURSING HOME regarding the establishment, methodology, and implementation of any quality assurance program, study, or evaluation from 12 months before, up to and including the dates of to :. This Request includes, but is not limited to, all documentation describing or defining the establishment, implementation, and methodology for: a. Nursing care reviews; b. In-depth assessment of the quality and quantity of nursing care c. Nursing care evaluation studies; d. Any study, inquiry, or measure to be implemented in order to examine a specific problem, pattern in patient outcomes, or to evaluate the quality of any aspect of healthcare rendered. 43. All treatises, scientific works, texts, books, manuals, periodicals, pamphlets, clinical or revising journals, trade journals, or documentation of any kind including slides, video presentations, or films during the time frame that you owned, operated, managed, and/or controlled NURSING HOME, which deal with the following subject matter: a. The method for identifying and classifying patients in the facilities who are at a high risk for: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection; b. Utilization of risk assessment tools to identify patients at risk for: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection; 8

9 c. The prevention of : 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin and/or; 2) infection d. The importance and/or the appropriate plan of care for the prevention of: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection; e. The need for modification and update of the plan of care: 1. As the risk for a resident experiencing increased risk of: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection; 2. As the needs of the resident changes; and 3. As the risk for a resident experiencing increased risk of: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection is identified. 44. Any and all documentation from you to the Illinois Department of Public Health, Illinois Department of Public Aid, or any other local, state, or federal governmental agency pertaining in any way to the incident(s) which are the subject of the complaint and/or Nursing Home Patient 45. Any and all documents created during the time period that Nursing Home Patient resided during to : at NURSING HOME which relate to NURSING HOME and contain an analysis, total, number, report of any of the following: a. NURSING HOME rate of occupancy; b. The number of beds filled or empty during any report period at NURSING HOME; c. The level of care required for each designated unit at NURSING HOME; 46. Any and all documents within your possession or control, not specifically requested to be produced by you in a prior request within this document, which pertain in any way to this litigation. 9

10 47. Any and all contracts and/or agreements with any provider of physical, occupational, and speech therapy and/or his employer as concerns the evaluation, care, and treatment of Nursing Home Patient. 48. The following documents as concerns the answering Defendant that were in effect during to : a. Articles of Incorporation; b. By-Laws and amendments c. Meeting Minutes as concerns the governing board and/or governing body of NURSING HOME from the two years before, up to and including, to ; d. Resolutions 49. A copy of any meeting minutes during the time period of to : as concerns discussions about staffing and/or discussions with consultants or management companies regarding staffing; 50. The protocol, policy, and procedure described for the investigation, documentation, and resolution of incidents and/or injuries, including but not limited to, protocols, policies, and procedures dealing with the treatment of: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection for residents at NURSING HOME from to :. 51. Any documentation that references a policy or procedure regarding document destruction as it pertains to any document relating to staffing, care, treatment, injury, incident, significant change, acuity, and/or any other documents pertaining to Nursing Home Patient. 52. Any documents that reference, calculate, provide summation, analyze and/or discuss the acuity level(s) of any and/or all residents on the floor where Nursing Home Patient resided during the dates of to :. 53. All requests or applications for the waiver of any requirement imposed by the rules and regulations promulgated by the Illinois Department of Public Health or the Illinois 10

11 Department of Public Aid as concerns NURSING HOME, which were in effect at any time during to : 54. All documents pertaining to any work or services provided by MANAGEMENT, INC.,, NAME OF PERSON to NURSING HOME from to :. 55. All documents pertaining to any payments made by NURSING HOME to MANAGEMENT, INC. and/or NAME OF PERSON during any of the following dates to : 56. All documents pertaining to any written instructions, policies, procedures, mandates, orders or suggestions from MANAGEMENT, INC. as it pertains to preventing: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection and/or care/treatment to conditions that can lead to: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection from answering defendant relating to NURSING HOME which were provided to NURSING HOME or in effect at any time between to : regarding a. Staffing levels; b. Staffing costs; c. Assessing individual resident acuity level; d. Assessing facility acuity level; and e. Addressing the needs of residents at risk for preventing: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection and/or care and/or treatment of the same. 57. The job description(s) of each person(s) disclosed by answering defendants in their interrogatory answers. 58. The statement of any party, witness, non-party, witness, person with knowledge expert, and/or any persons mentioned in discovery whether signed or unsigned, in word to word fashion or in summarized fashion, relating to either any of the issues of liability, the issues contained in the pleadings, the issue of damages, or an issue of impeachment and/or relating to any of said issues raised in other litigation or raised in statements or depositions taken relating to other accidents that occurred on the subject facility. 59. Any and all documents (of any type) that Defendant may show the jury or any witness at trial or any deposition or that may tend to prove any proposition or argument that you are or will make to the jury. 11

12 60. All documents Defendant intends to show a witness or the jury at a deposition or at trial. 61. All photographs, slides or motion pictures taken that are in any way connected to this occurrence and/or the facts alleged in the complaint and answer. 62. All data, medical reports, hospital records, medical bills, letters of correspondence from or to all physicians, surgeons, hospitals, clinics, or other medical personnel or medical institutions, concerning the health, physical and mental condition of Nursing Home Patient whether prior or subsequent to the alleged occurrence. 63. Any and all accident reports, investigative reports, and inspection reports pertaining to the injuries sustained by any party to this lawsuit containing factual material concerning the date of the occurrence, which is the subject matter of this lawsuit. 64. All Subpoenas issued by Defendant including, but not limited to, trial subpoenas, subpoenas for witnesses, subpoenas for records and documents and subpoenas for trial testimony. 65. All activity and/or surveillance reports relating to the Nursing Home Patient. 66. All documents mentioned or referred to in any of Defendant's answers to interrogatories or in any of the depositions taken in this case. 67. All documents which tend to support any proposition, statement, claim or assertion made in any of Defendant's answers to interrogatories or in any of the depositions taken in this case. 68. For each such witness who may be called to testify at the trial of this cause, produce all documents reflecting any and all fees that each such witness has charged, is expected to charge in this case, or which has been paid, and the basis for such fee, charge or payment. 69. Records of any incidents where any persons, firms, corporations or entities have claimed o stated that there was in an injury or accident associated with defendant failing to prevent: 1) any tear, sore, wound, pressure sore and/or ulceration to the skin and/or prevent any increase or aggravation to any tear, sore, wound, pressure sore and/or ulceration to the skin, and/or; 2) infection to any resident, within 5 years before and including to. Also, include the records, which identify the names of all lawsuits, the courts where they are pending and the numbers assigned to them. 70. All documents or lists or notes containing the names, addresses and specialties of all expert witnesses (other than non-treating, purely consultant experts who are not to testify at the trial), and all documents containing in whole or in part: 12

13 a) The opinions that they have formulated; b) The scientific bases (if any) which were considered in the formulation of those opinions; c) Produce any writings made by the expert or their agents relating to a), b) or c) supra; d) Produce all documents or publications, which the Expert considered in arriving at his/her opinion(s); e) Any written reports or memoranda of oral reports made by the aforementioned expert(s); 71. Any and all documents indicating any payments by Defendant, its agents or its insurance carrier to any expert, expert witnesses and/or the expert s employer during the last five years arising out of any case where the expert witness, or his co-employee, employee, supervisor, agent, office, firm, corporation and/or business was retained. These documents should include, but are not limited to W2 forms, 1099 forms, canceled checks, receipts for services, bills for services; a. A copy of all articles, books, chapters, handouts, or any other written materials relating to any of the issues involved in this case by your retained experts; b. Copies of 1099 forms, checks, tax returns, and statements showing how much income was earned by your retained experts for services related to rendering expert testimony for five years prior to the date the expert is/was disclosed; c. A complete copy of the file of each of your retained experts (excluding only full deposition transcripts); d. A complete copy of all bills, billing statements or records of income related to this case from your retained experts; e. Any and all notes and/or other documents that identify all cases in which your retained experts supplied testimony under oath including the names and address of Plaintiff and defendant lawyers; f. Any and all notes and/or other documents that identify the names, addresses and dates of work for each and every litigation client that your retained expert performed work for within the last five years; g. All prior depositions that your retained experts have given; 13

14 h. All notes taken by your retained connected with this case. 72. Any demonstrative evidence (photographs or models, etc.), which depict the scene of the occurrence or any of the devices relevant to the liability or medical issues which are the subject matter of this lawsuit. 73. Any and all published treatises, periodicals, pamphlets, publications, literature, medical articles, standards and codes that the Defendant contends or believes is authoritative or is a reliable authority and/or defendant intends to use at trial regarding any of the issues mentioned in the complaint and/or the treatment of Nursing Home Patient s and/or Nursing Home Patient s injuries. 74. All medical bills you have relating to any treatment of the Plaintiff(s). 75. Any and all published treatises, periodicals, pamphlets, publications, literature, medical articles, standards and codes that Defendant or Defendant expert contends or believes is authoritative or is a reliable authority and/or defendant intends to use at trial regarding any of the issues alleged in the complaint. 76.Produce at trial and mandatory arbitration all Defendants, and their agents, servants, and/or employees whose depositions have been taken in this case. Please inform us of any persons who are current or former employees who you will not be producing at trial, along with their any documentation you have containing their last known address, social security number and telephone number. If you don't inform us, we will assume that you will be producing said persons for trial. 77. Please produce all documents, as the term is defined by Rule 201(b)(1), evidencing, documenting or purporting to be any assessment, evaluation or opinion of coverage for any insurance policy, specifically including but not limited to any analysis of potential bad faith and/or bad faith claims. If any claim of privilege is made, please prepare a detailed privilege log in accordance with Rule 201(n). Respectfully propounded upon you. Jonathan Rosenfeld Rosenfeld Injury Lawyers 33 North Dearborn Street, #1930 Chicago, IL (847)