Interrogatories - Malpractice

Medical Malpractice

[A] Generic Questions to Defending Physician

1. Please state your name, address, date of birth and job description or title.

2. With respect to your education, please identify each institution of higher learning that you ever attended. And, as to each, please set forth the following information specifically and in detail:

   1. The name and address of the institution and the dates that you attended; also provide the date that you graduated and each degree that you earned or received. If you completed a prescribed course of study, but did not receive a degree, state why you did not receive a degree.

   2. State each declared major and minor area of study.

   3. As to each medical school that you attended, please set forth your primary area of study.

3. Set forth the dates during which you fulfilled your residency requirements and state each medical field in which you performed a residency. Please state whether or not you received any certificate or degree as a result of completing your residency.

4. If your residency at any facility was terminated before you completed it, please provide details pertaining to such termination, including dates and reasons for termination.

5. Do you possess any specialties? If so, for each specialty, please set forth the following information:

   1. The specialty.

   2. The particular training and experience that you have with respect to the specialty.

6. Did you ever enter into or establish a physician-patient relationship with the Plaintiff? If your answer is anything other than an unconditional “No,” please set forth the following information specifically and in detail:

   1. The date upon which the relationship was first established, and if the relationship was ever terminated, the date or dates of each such termination. Also, please indicate the reason, if any, for the termination of the relationship.

   2. The nature and description of the medical services that you agreed to provide and the nature and description of the services that you actually provided.

   3. Please identify every writing that relates to the establishment of your relationship with the Plaintiff, by stating its date, signatories and a brief summary of its contents. Please set forth the name, address and telephone number of the custodian of each such writing and its location, and please indicate whether or not you will, without a motion to produce, attach copies to your answers to these interrogatories.

7. Did you consult with any other medical professional at any time during the course of your treatment of the Plaintiff or your professional relationship with the Plaintiff? If your answer is anything other than an unconditional “No,” please set forth the following information specifically and in detail with respect to each medical professional:

   1. Set forth his [her] name, occupation, area of specialization, address and telephone number.

   2. Upon what date was the consultation requested and upon what dates were the services actually provided.

   3. Describe the purpose for the consultation.

   4. Set forth each fact, opinion, prognosis and diagnosis that you provided to the person with whom you consulted.

   5. Describe and summarize all of the information that you obtained as a result of the consultation.

   6. Indicate what treatments, procedures, or alterations thereof that you administered to the Plaintiff as a result of the consultation.

   7. Please identify every writing that relates to the consultation, by stating its date, signatories and a brief summary of its contents; also, please set forth the name, address and telephone number of the custodian of each such writing and its location, and indicate whether or not you will, without a motion to produce, attach copies to your answers to these interrogatories.

8. Did you ever refer the Plaintiff to another medical professional for treatment? If your answer is “No,” please state every reason why you did not make a referral. If, however, your answer is anything other than an unconditional “No,” please set forth the following information specifically and in detail?

   1. Set forth the name, occupation, area of specialization, address and telephone number of each person to whom you referred the Plaintiff.

   2. Upon what date did the referral take place.

   3. Describe the purpose for the referral.

   4. Please identify every writing that relates to the referral, by stating its date, signatories and a brief summary of its contents. Please set forth the name, address and telephone number of the custodian of each such writing and its location, and please indicate whether or not you will, without a motion to produce, attach copies to your answers to these interrogatories.

   5. Please provide details with respect to any splitting or division of fees with respect to the referral. If any fees were split, state whether or not the Plaintiff was so informed.

9. Please set forth the name, address and telephone number of the custodian or custodians of the entire medical record of the Plaintiff, including but not limited to, all writings pertaining to symptomology, medical history, surgical procedures, diagnostic tests, prognoses, billing records and nurses notes.

   [B] Failure to Diagnose, Questions to Defending Physician

10. Please set forth the date or dates upon which you obtained a medical history of the Plaintiff. Please identify every writing that relates to the Plaintiff’s medical history, examinations, test results by stating their dates, titles, signatories and brief summaries. Also, please indicate whether or not you will, without a motion to produce, attach copies to your answers to these interrogatories. If not, please set forth the name, address and telephone number of the custodian of each writing and the location of the writing.

11. Did the Plaintiff ever report anything similar to the following symptoms to you: _________________________________________ ? If your answer is anything other than an unconditional “No,” please set forth the following information specifically and in detail?

    1. Did you determine that any diagnostic procedure was warranted in order to obtain a proper diagnosis? If so, describe each diagnostic procedure that you recommended. Also, indicate the manner in which the recommendation was made.

    2. For each diagnostic procedure that was administered, please identify the procedure, the date that it was administered and the results.

    3. Please identify every writing that relates to each diagnostic procedure by stating its title, date, signatories and a brief summary of its contents. Please set forth the name, address and telephone number of the custodian of each such writing and its location, and please indicate whether or not you will, without a motion to produce, attach copies to these answers.

12. Do you contend that the Plaintiff failed to disclose to you any symptoms necessary for an accurate diagnosis of the Plaintiff's medical condition? If your answer is anything other than an unconditional “No,” please set forth the following information for each omitted symptom:

    1. A description of the symptom.

    2. The particular question or questions that you claim to have asked the Plaintiff and the response that you claim the Plaintiff should have provided.

13. At any time during your treatment of the Plaintiff or during your professional relationship with the Plaintiff, did you ever exclude or “rule out” any illness, disease or medical condition? If your answer is anything other than an unconditional “No,” please set forth the following information specifically and in detail for each exclusion:

    1. State the medical condition that you ruled out or excluded.

    2. State the date that you excluded or ruled out the condition and your basis for doing so.

    3. State whether or not you communicated the exclusion to the Plaintiff. If so, when?

    4. Please identify every writing that relates to each exclusion, by stating its date, author, title, signatories and a brief summary of its contents. Please set forth the name, address and telephone number of the custodian of each such writing and its location, and please indicate whether or not you will, without a motion to produce, attach copies to your answers to these interrogatories.

14. With respect to the symptoms set forth in Interrogatory Number [11], please set forth the following information specifically and in detail?

    1. Your diagnosis and prognosis and the date or dates upon which you made each.

    2. The basis for your diagnosis and prognosis.

    3. The course of treatment that you prescribed.

    4. The results of the course of treatment that you prescribed.

    5. Please identify every writing that relates to your diagnosis and prognosis by stating its date, signatories and a brief summary of its contents. Please set forth the name, address and telephone number of the custodian of each such writing and its location, and please indicate whether or not you will, without a motion to produce, attach a copy to your answers to these interrogatories.

15. With respect to the Plaintiff’s medical condition and the medical history provided to you on _________, 20 __ , please state:

    1. Do you contend that the Plaintiff's medical condition could not have been diagnosed based on the history provided to you by the Plaintiff?

    2. Do you contend that the Plaintiff's medical condition could not have been diagnosed based on the history provided to you even if a ______________ [Diagnostic Procedure] had been administered to the Plaintiff?

    3. Do you contend that the Plaintiff's medical condition could not have been diagnosed based on the history provided to you even if a ____________ [Second Diagnostic Procedure] had been administered to the Plaintiff?

    4. Do you contend that the Plaintiff's medical condition could not have been diagnosed based on the history provided to you even if both of the diagnostic procedures mentioned in the preceding subparagraphs had been administered to the Plaintiff?

    [C] Failure to Treat, Questions to Defending Physician

16. Do you contend that the...