Preview
FILED: KINGS COUNTY CLERK 05/03/2024
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NYSCEF DOC. NO. 121
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_______, X
MARTEL HOBBINS,
Plaintiff, VERIFIED BILL
OF PARTICULARS
-against-
INDEX NO: 515723/18
RUTLAND NURSING HOME; RUTLAND
NURSING HOME CO INC; KINGSBROOK
JEWISH MEDICAL CENTER RUTLAND
NURSING HOME; DAVID MINKIN
REHABILITATION INSTITUTE; JAI SINGH,
M.D. and BERHANE WUBSHET, M.D.,
Defendants,
-- X
TO: KAUFMAN BORGEEST & RYAN, LLP, Attorney for Defendants,
RUTLAND NURSlNG HOME, RUTLAND NURSING HOME CO INC, and DAVID
MINKIN REHABILITATION INSTITUTE
Plaintiff, MARTEL HOBBINS, as and for his verified bill of particulars in
response to the demand of the Defcadañts, RUTLAND NURSING HOME, RUTLAND
NURSING HOME CO INC, and DAVID MINKIN REHABILITATION INSTITUTE
dated December 6, 2018, state as follows:
1. Date of birth, place of birth, Address and Social Security number of plaintiff(s).
ANSWER: (a) Plaintiff, MARTEL HOBBINS date of birth February 5, 1957.
(b) Place of birth improper, unduly burdensome, overly broad and vague.
(c) Plaintiff Social Security Number is privileged.
82nd
(d) Plaintiff resides at 963 East Street, Brooklyn, New York 11236.
2-4. Set forth the date, time and location such acts are alleged to have been committed.
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ANSWER: Plaintiff(s) object(s) to this demand as being improper in that it fails to
comply with the provisions of Rule 3043(a) of the CPLR and/or calls for evidentiary
msterial or information in the form of, or to be gleaned from, expert testimony/opiriicil
and, therefore, such dersand is overly broad, improper and beyond the scope of a bill of
particular. The Plaintiff further objects to said deinâüd to the extent said information is
within the knowledge of the defendant as apparent in the medical records within the
control and possession of the defendant for treatment rendered to plaintifE MARTEL
HOBBINS. See: Felock v. Albany Medical Center Hospital, 1999 WL 81312, (3rd
Dept., 1999); Liddell v. Cree, 233 AD.2d 593, 649 N.Y.S.2d 101 (3rd Dept., 1996);
(2nd
DeUagio v. Paul, 250 AD.2d 806, 673 N.Y.S.2d 212 Dept., 1998); Heyward v.
Ellenville Community Hospital, 215 AD.2d 967, 627 N'y.S.2d 167, (3rd Dept., 1995);
(2nd
McKenzie v. St. Elizabeth Hospital, 81 AD.2d 1003,440 N.Y.S.2d 109 Dept. 1981);
(3rd
Rockefeller v. Hwang, 106 AD.2d 817, 484 N.Y.S.2d 206
(2"d
Stern, 124 AD.2d 725 Dept. 1986); Patterson v. Jewish Hosp. & Med. Center of
(2nd
Brooklyn, 94 Misc.2d 680, 405 N'y.S.2d 194, affd 65 AD.2d 553, 409 N.Y.S.2d 124
Dept., 1978).
However, without waiving the foregoing Objection, plaintiff can state that, upon
information and belief, the plaintiff, MARTEL HOBBINS came under the care and
treatment of the defendañts, Defendant(s) Hospital, on or about October 2, 2015
continuing through February 2, 2016 at RUTLAND NURSING HOME; RUTLAND
NURSING HOME CO INC; KINGSBROOK JEWISH MEDICAL CENTER
RUTLAND NURSING HOME; DAVID MINKIN REHABILITATION INSTITUTE,
585 Schenectady Avenue, Brooklyn, New York 11203. However, plaintiff will rely upon
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the information contained within each defendant's medical chart as to the exact dates.
5. (a) Plaintiff, MARTEL HOBBINS came under the care and treatment of the
defendants, Defendant(s) Nursing Home/Rehabilitative Facility/Hospital, on or about
October 2, 2015 continuing through February 2, 2016.
(b) RUTLAND NURSING HOME; RUTLAND NURSING HOME CO INC;
KINGSBROOK JEWISH MEDICAL CENTER RUTLAND NURSING HOME; DAVID
MINKIN REHABILITATION INSTITUTE, 585 Scheilectady Avenue, Brooklyn, New
York 11203. Plaintiff will rely upon the information contained within each defendant's
medical chart as to the exact dates.
6. Recovery from spinal surgery and post-operative care and procedure. That prior to
and on or about October 2, 2015 continuing through February 2, 2016, defadsws knew
or should have known that plaintiff, MARTEL HOBBINS, a resident and patient at their
nursing home, medical and rehabilitative facilities, required professional care to recover
from spinal surgery and äsuistance for his care and wellbeing.
7. Plaintiff(s) object(s) to demäñd 7 for a statement of the accepted medical practice,
customs, and medical standards which were claimed to have been violated/departed from
as being improper in that it fails to comply with the provisions of Rule 3043(a) of the
CPLR and/or calls for evidenusiy material or information in the form of, or to be gleaned
from expert medical opinion/testimony. Plaintiff further objects to this demand, to the
extent said demand is vague, overly broad, improper, palpably irrelevant; not proper
inquiry for a bill of particular; beyond the scope of a bill of particulars. See: Felock v.
Albany Medical Center Hospital, 1999 WL 81312, (3rd Dept., 1999); Liddell v. Cree,
233 AD.2d 593, 649 N'y.S.2d 101 (3rd Dept., 1996); Dellagio v. Paul, 250 AD.2d 806,
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(2nd
673 N.Y.S.2d 212 Dept., 1998); HeVWard v. Ellenville Community Hosoital, 215
(3rd
AD,2d 967, 627 N.Y.S,2d 167, Dept., 1995); McKenzie v. St. Elizabeth Hospital, 81
(2"d
AD.2d 1003,440 N'y.S.2d 109 Dept. 1981); Rockefeller v. Hwang, 1 AD.2d 817, 484
(3rd (2nd
N.Y.S.2d 206 Dept, 1984); Wadler v. Stern, 124 AD.2d 725
Patterson v. Jewish Hosp. & Med. Center of Brooklyn. 94 Misc,2d 680, 405 N'y.S.2d
(2nd
194, aff'd 65 AD.2d 553, 409 N.Y.S.2d 124
However, without waiving the objection, the defendant is referred herein to paragraph 6.
8. No claim is made herein for improper equipment, other than the claims alleged in
paragraphs herein.
9, Plaintiff(s) object(s) to demand 9 for the complaints, signs, syñiptains that
defendant ignored/erroneous diagnosis/when a correct diagnosis should have been made
what manner any improper treatment was afforded; the name of each and every
contraindicated drug; the name of each proper drugs aduahsistered incorrectly; the name
of each and every test the defendant failed to take or administer and the name of each and
every test the defendant(s) improperly took or administered and the manner in which
each said test was improperly taken or administered: as being improper in that it fails to
comply with the provisions of Rule 3043(a) of the CPLR and/or calls for evidentiary
material or information in the form of, or to be gleaned from expert medical
opinion/testimony. Plaintiff further objects to this demand, to the extent said demand is
vague, overly broad, improper, palpably irrelevant; not proper inquiry for a bill of
particular; beyond the scope of a bill of particulars. See: Felock v. Albany Medical
Center Hospital, 1999 WL 81312, (3rd Dept., 1999); Liddell v. Cree, 233 AD.2d 593,
649 N'y,S.2d 101 (3rd Dept., 1996); Dellagio v. Paul, 250 AD.2d 806, 673 N.Y.S.2d 212
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(2"d
Dept,, 1998); Heyward v. Ellenville Community Hospital, 215 AD.2d 967, 627
(3rd
N.Y.S.2d 167, Dept., 1995); McKenzie v. St. Elizabeth Hospital, 81 AD.2d 1003,440
(2nd
N'y.S.2d 109 Dept. 1981); Rockefeller v. Hwang, 1 AD.2d 817, 484 N.Y.S.2d 206
(3'd (2nd
Dept. 1984); Wadler v. Stern, 124 AD.2d 725 Dept. 1986); Patterson v. Jewish
Hosp. & Med, Center of Brooklyn, 94 Misc.2d 680, 405 N'y.S.2d 194, affd 65 AD.2d
(2"d
553, 409 N.Y.S.2d 124 Dept., 1978).
Without waiving the objection, plaintiff refers defendant(s) to paragraph 6 and paragraph
11 herein.
10. Plaintiff(s) object(s) to demand 10 for the complaint of defendant improperly
and/or failed to monitor, supervise, manage or care for plaintiff: as being improper in that
it fails to comply with the provisions of Rule 3043(a) of the CPLR and/or calls for
evidentiary material or information in the form of, or to be gleaned from expert medical
opinion/testimony. Plaintiff further objects to this demand, to the extent said demand is
vague, overly broad, iniproper, palpably irrelevant; not proper inquiry for a bill of
particular; beyond the scope of a bill of particulars. See: Felock v. Albany Medical
Center Hospital, 1999 WL 81312, (3rd Dept., 1999); Liddell v. Cree, 233 AD.2d 593,
649 N'y.S.2d 101 (3rd Dept., 1996); Dellagio v. Paul, 250 AD.2d 806, 673 N.Y.S.2d 212
(2"d
Dept., 1998); Heyward v. Ellenville Commmity Hospital, 215 AD.2d 967, 627
(3rd
N.Y.S.2d 167, Dept., 1995); McKenzie v. St. Elizabeth Hospital, 81 AD.2d 1003,440
(2nd
N'y.S.2d 109 Dept. 1981); Rockefeller v. Hwang, I AD.2d 817, 484 N.Y.S.2d 206
(3rd (2nd
Dept. 1984); Wadler v. Stern, 124 AD.2d 725 Dept. 1986); Patterson v. Jewish
Hosp. & Med. Center of Brooklyn, 94 Misc.2d 680, 405 N'y.S.2d 194, aff'd 65 AD.2d
(2nd
553, 409 N.Y.S.2d 124
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Without waiving the objection, plaintiff refers defendant(s) to paragraph 17 and
paragraph 18 herein.
11. Set forth each and every act of nialpractice on the part of the answering
defen¾ts which it will be claims constitutes malpractice as alleged in the complaint.
ANSWER:
Plaintiff(s) object(s) to demand 2(a) as being improper in that it fails to comply with the
provisions of Rule 3043(a) of the CPLR and/or calls for evidentiary material or
information in the form of, or to be gleaned from expert rñêdical opinion/testimony and,
therefore, such demand is vague, overly broad, improper, not proper inquiry for a bill of
particular; beyond the scope of a bill of particulars. See: Felock v. Albany Medical
Center Hospital, 1999 WL 81312, (3rd Dept., 1999); Liddell v. Cree, 233 AD.2d 593,
649 N'y.S.2d 101 (3rd Dept., 1996); Dellagio v. Paul, 250 AD.2d 806, 673 N.Y.S.2d 212
(2nd
Dept., 1998); Heyward v. Ellenville Community Hospital, 215 AD.2d 967, 627
(3rd
N.Y.S.2d 167, Dept., 1995); McKenzie v. St. Elizabeth Hospital, 81 AD.2d 1003,440
(2nd
N'y.S.2d 109 Dept. 1981); Rockefeller v. Hwang, 1 AD.2d 817, 484 N.Y.S.2d 206
(3'd (2nd
Dept. 1984); Wadler v. Stern, 124 AD.2d 725 Dept. 1986); Patterson v. Jewish
Hosp. & Med. Center of Brookl_yn, 94 Misc.2d 680, 405 N'y.S.2d 194, affd 65 AD.2d
(2nd
553, 409 N.Y.S.2d 124
At all times hereinafter mentioned, any and all references made to the defendañt(s)
herein include but are not limited to defendañt(s)'personnel, staff, employees, servants,
agents, associates, doctors, attendants, physkkes, associates, affiliates, contractors,
subcontractors, playsical therapists, physiatrists, nurses, and medical facilities associated.
Without waiving the foregoing objection, plaintiff can state that, at this time,
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plaintiff(s) will contend that the Defendant(s) RUTLAND NURSING HOME,
RUTLAND NURSING HOME CO INC, and DAVID MINKIN REHABILITATION
INSTITUTE were negligent, careless, and/or reckless either vicariously, individually,
jointly and/or severally in the following manner:
(a) In holding himself out to the general public liielüdiiig the plaintiff(s) herein
as being competcut and skilled for the purpose of providing and rendering competent
medical care, treatment, and/or rehabilitation to patients, including the plaintiff herein;
(b) In failing to attend and/or failing to hold required regular monthly
departmcatal meeting to review the care and treatment of the patients serviced by
defendants, in general and plaintiff, MARTEL HOBBINS in particular, and to consider
the following as required by the Joint Commission on Accreditation of Hospitals to wit:
i. Selected deaths
ii. Unimproved patients
iii. Patients with infections or complications
iv. Errors in diagnosis and treatments
v. Tissue review reports and
vi. Resultant unresolved problems
(d) In being negligent, careless, and/or reckless in the hiring, trainiiig,
retention, management, control and supervision of their 'personnel, staff, employees,
servants, agents, associates, doctors, attendants, physiciails, associates, affiliates,
contractors, subcontractors, physical therapists, physiatrists, nurses, and medical
facilities.
(e) In representing to the geñêral public lilelüding the plaintiff herein that said
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defeiidant(s) had the necessai y and requisite traiilliig, skill and experience to care for,
treat patients, provide rehabilitative care, as well as to provide cinergency and/or critical
medical care.
(f) In representing to members of the general public including the plaintiff
herein to be medical doctors/providers, physiatric, licensed to pmctice medicine in the
State of New York as such holding himself out as being duly qualified to render proper,
adequate, competent, and professional medical care, rehabilitative care, and treatment to
wiembers of the general public including plaintiff, MARTEL HOBBINS.
(g) In representing to members of the general public including the plaintiff
herein that individuals hired, retained, contracted, affiliated and/or associated with had
the necessary and requisite training, skill and experience to care for, treat patients,
provide rehabilitative care, emergeiicy and/or critical medical care; to members of the
general public including the plaintiff, MARTEL HOBBINS,
(h) In failing to treat and/or provide proper physiatric care, physical mediciiic
to the plaintiff MARTEL HOBBINS in a manscr ccasistent with the applicable standard
of medical care iiiciüding rehabilitative care established by law.
(i) In being negligent, careless, and reckless in the mâñãgement, control and
supervision of the plaintiff's care and treatment including rehabilitative/physiatric care
and/or treatment.
(j) In being negligent, careless, and/or reckless in administering medical
care/treatment inchiding rehabilitative/physiatric care to plaintiff MARTEL HOBBINS.
(k) In being ñegligent, careless, and/or reckless in failing to diagnose plaintiff
HOBBINS'
MARTEL medical conditions.
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(1) In being negligent, careless, and/or reckless in misdiagnosing plaintiff
HOBBINS'
MARTEL medical conditions, and/or in failing to recognize the misdiagnosis
(m) In being negligent, careless, and/or reckless in failing to timely diagnose
HOBBINS'
plaintiff MARTEL medical conditions.
(n) In being negligent, careless, and/or reckless in misdiagnosing plaintiff
HOBBINS'
MARTEL medical conditions.
(o) In being negligent, careless, and/or reckless in failing to timely diagnew
HOBBINS'
plaintiff MARTEL medical conditions.
(p) In being negligent, careless, and/or reckless in failing to take the necessary
HOBBINS'
actions to prevent plaintiff MARTEL medical conditions from deteriorating.
(q) In being negligent, careless, and/or reckless in failing to provide the
plaintiff MARTEL HOBBINS with the specialized medical treatment/care including
rehabilitative, physical medicine, and/or physiatric treatment needed to improve and/or
cure the plaintiff's medical conditions.
(r) In being negligent, careless, and/or reckless in failing to provide the
plaintiff MARTEL HOBBINS with the proper diagnostic tests that defendant(s) knew or
should have known that such improper diagnostic test (s) were iñãdequate to properly
and/or timely disgüóse the plaintiff's medical conditions.
(s) In being negligent, careless, and/or recldess in prescribing and performing
diagnostic tests that defendant(s) knew or should have known were inadequate to
HOBBINS'
properly and/or timely diagiiese the plaintiff MARTEL medical conditions
(t) In being negligent, careless, and/or reckless in interpreting and/or reading
HOBBINS'
the plaintiff MARTEL abnormal diagnostic results
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(u) In being negligent, careless, and/or reckless in failing to timely act,
HOBBINS'
âdequately act, professionally and skillfully act on the plaintiff MARTEL
diagnostic result.
(v) In being negligent, careless, and/or reckless in failing to timely act,
HOBBINS'
adensately act, professieñãlly and skillfully act on the plaintiff MARTEL
abnormal diagnostic result.
(w) In being negligent, careless, and/or reckless in providing inadequate
medical trestment, care, rehabilitative treatment, physical medicine, and physiatric care to
the plaintiff not in accordance with the proper medical practice that is recognized in the
medical community.
(x) In being negligent, careless, and/or reckless in failing to properly and/or
timely provide medicãl treatment, rehabilitative treatment, physical medicine, phy
Preview
FILED: KINGS COUNTY CLERK 05/03/2024 09/27/2019 12:23 01:02 PM INDEX NO. 515723/2018 NYSCEF DOC. NO. 121 36 RECEIVED NYSCEF: 05/03/2024 09/27/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _______, X MARTEL HOBBINS, Plaintiff, VERIFIED BILL OF PARTICULARS -against- INDEX NO: 515723/18 RUTLAND NURSING HOME; RUTLAND NURSING HOME CO INC; KINGSBROOK JEWISH MEDICAL CENTER RUTLAND NURSING HOME; DAVID MINKIN REHABILITATION INSTITUTE; JAI SINGH, M.D. and BERHANE WUBSHET, M.D., Defendants, -- X TO: KAUFMAN BORGEEST & RYAN, LLP, Attorney for Defendants, RUTLAND NURSlNG HOME, RUTLAND NURSING HOME CO INC, and DAVID MINKIN REHABILITATION INSTITUTE Plaintiff, MARTEL HOBBINS, as and for his verified bill of particulars in response to the demand of the Defcadañts, RUTLAND NURSING HOME, RUTLAND NURSING HOME CO INC, and DAVID MINKIN REHABILITATION INSTITUTE dated December 6, 2018, state as follows: 1. Date of birth, place of birth, Address and Social Security number of plaintiff(s). ANSWER: (a) Plaintiff, MARTEL HOBBINS date of birth February 5, 1957. (b) Place of birth improper, unduly burdensome, overly broad and vague. (c) Plaintiff Social Security Number is privileged. 82nd (d) Plaintiff resides at 963 East Street, Brooklyn, New York 11236. 2-4. Set forth the date, time and location such acts are alleged to have been committed. 1 of 31 FILED: KINGS COUNTY CLERK 05/03/2024 09/27/2019 12:23 01:02 PM INDEX NO. 515723/2018 NYSCEF DOC. NO. 121 36 RECEIVED NYSCEF: 05/03/2024 09/27/2019 ANSWER: Plaintiff(s) object(s) to this demand as being improper in that it fails to comply with the provisions of Rule 3043(a) of the CPLR and/or calls for evidentiary msterial or information in the form of, or to be gleaned from, expert testimony/opiriicil and, therefore, such dersand is overly broad, improper and beyond the scope of a bill of particular. The Plaintiff further objects to said deinâüd to the extent said information is within the knowledge of the defendant as apparent in the medical records within the control and possession of the defendant for treatment rendered to plaintifE MARTEL HOBBINS. See: Felock v. Albany Medical Center Hospital, 1999 WL 81312, (3rd Dept., 1999); Liddell v. Cree, 233 AD.2d 593, 649 N.Y.S.2d 101 (3rd Dept., 1996); (2nd DeUagio v. Paul, 250 AD.2d 806, 673 N.Y.S.2d 212 Dept., 1998); Heyward v. Ellenville Community Hospital, 215 AD.2d 967, 627 N'y.S.2d 167, (3rd Dept., 1995); (2nd McKenzie v. St. Elizabeth Hospital, 81 AD.2d 1003,440 N.Y.S.2d 109 Dept. 1981); (3rd Rockefeller v. Hwang, 106 AD.2d 817, 484 N.Y.S.2d 206 (2"d Stern, 124 AD.2d 725 Dept. 1986); Patterson v. Jewish Hosp. & Med. Center of (2nd Brooklyn, 94 Misc.2d 680, 405 N'y.S.2d 194, affd 65 AD.2d 553, 409 N.Y.S.2d 124 Dept., 1978). However, without waiving the foregoing Objection, plaintiff can state that, upon information and belief, the plaintiff, MARTEL HOBBINS came under the care and treatment of the defendañts, Defendant(s) Hospital, on or about October 2, 2015 continuing through February 2, 2016 at RUTLAND NURSING HOME; RUTLAND NURSING HOME CO INC; KINGSBROOK JEWISH MEDICAL CENTER RUTLAND NURSING HOME; DAVID MINKIN REHABILITATION INSTITUTE, 585 Schenectady Avenue, Brooklyn, New York 11203. However, plaintiff will rely upon 2 of 31 FILED: KINGS COUNTY CLERK 05/03/2024 09/27/2019 12:23 01:02 PM INDEX NO. 515723/2018 NYSCEF DOC. NO. 121 36 RECEIVED NYSCEF: 05/03/2024 09/27/2019 the information contained within each defendant's medical chart as to the exact dates. 5. (a) Plaintiff, MARTEL HOBBINS came under the care and treatment of the defendants, Defendant(s) Nursing Home/Rehabilitative Facility/Hospital, on or about October 2, 2015 continuing through February 2, 2016. (b) RUTLAND NURSING HOME; RUTLAND NURSING HOME CO INC; KINGSBROOK JEWISH MEDICAL CENTER RUTLAND NURSING HOME; DAVID MINKIN REHABILITATION INSTITUTE, 585 Scheilectady Avenue, Brooklyn, New York 11203. Plaintiff will rely upon the information contained within each defendant's medical chart as to the exact dates. 6. Recovery from spinal surgery and post-operative care and procedure. That prior to and on or about October 2, 2015 continuing through February 2, 2016, defadsws knew or should have known that plaintiff, MARTEL HOBBINS, a resident and patient at their nursing home, medical and rehabilitative facilities, required professional care to recover from spinal surgery and äsuistance for his care and wellbeing. 7. Plaintiff(s) object(s) to demäñd 7 for a statement of the accepted medical practice, customs, and medical standards which were claimed to have been violated/departed from as being improper in that it fails to comply with the provisions of Rule 3043(a) of the CPLR and/or calls for evidenusiy material or information in the form of, or to be gleaned from expert medical opinion/testimony. Plaintiff further objects to this demand, to the extent said demand is vague, overly broad, improper, palpably irrelevant; not proper inquiry for a bill of particular; beyond the scope of a bill of particulars. See: Felock v. Albany Medical Center Hospital, 1999 WL 81312, (3rd Dept., 1999); Liddell v. Cree, 233 AD.2d 593, 649 N'y.S.2d 101 (3rd Dept., 1996); Dellagio v. Paul, 250 AD.2d 806, 3 of 31 FILED: KINGS COUNTY CLERK 05/03/2024 09/27/2019 12:23 01:02 PM INDEX NO. 515723/2018 NYSCEF DOC. NO. 121 36 RECEIVED NYSCEF: 05/03/2024 09/27/2019 (2nd 673 N.Y.S.2d 212 Dept., 1998); HeVWard v. Ellenville Community Hosoital, 215 (3rd AD,2d 967, 627 N.Y.S,2d 167, Dept., 1995); McKenzie v. St. Elizabeth Hospital, 81 (2"d AD.2d 1003,440 N'y.S.2d 109 Dept. 1981); Rockefeller v. Hwang, 1 AD.2d 817, 484 (3rd (2nd N.Y.S.2d 206 Dept, 1984); Wadler v. Stern, 124 AD.2d 725 Patterson v. Jewish Hosp. & Med. Center of Brooklyn. 94 Misc,2d 680, 405 N'y.S.2d (2nd 194, aff'd 65 AD.2d 553, 409 N.Y.S.2d 124 However, without waiving the objection, the defendant is referred herein to paragraph 6. 8. No claim is made herein for improper equipment, other than the claims alleged in paragraphs herein. 9, Plaintiff(s) object(s) to demand 9 for the complaints, signs, syñiptains that defendant ignored/erroneous diagnosis/when a correct diagnosis should have been made what manner any improper treatment was afforded; the name of each and every contraindicated drug; the name of each proper drugs aduahsistered incorrectly; the name of each and every test the defendant failed to take or administer and the name of each and every test the defendant(s) improperly took or administered and the manner in which each said test was improperly taken or administered: as being improper in that it fails to comply with the provisions of Rule 3043(a) of the CPLR and/or calls for evidentiary material or information in the form of, or to be gleaned from expert medical opinion/testimony. Plaintiff further objects to this demand, to the extent said demand is vague, overly broad, improper, palpably irrelevant; not proper inquiry for a bill of particular; beyond the scope of a bill of particulars. See: Felock v. Albany Medical Center Hospital, 1999 WL 81312, (3rd Dept., 1999); Liddell v. Cree, 233 AD.2d 593, 649 N'y,S.2d 101 (3rd Dept., 1996); Dellagio v. Paul, 250 AD.2d 806, 673 N.Y.S.2d 212 4 of 31 FILED: KINGS COUNTY CLERK 05/03/2024 09/27/2019 12:23 01:02 PM INDEX NO. 515723/2018 NYSCEF DOC. NO. 121 36 RECEIVED NYSCEF: 05/03/2024 09/27/2019 (2"d Dept,, 1998); Heyward v. Ellenville Community Hospital, 215 AD.2d 967, 627 (3rd N.Y.S.2d 167, Dept., 1995); McKenzie v. St. Elizabeth Hospital, 81 AD.2d 1003,440 (2nd N'y.S.2d 109 Dept. 1981); Rockefeller v. Hwang, 1 AD.2d 817, 484 N.Y.S.2d 206 (3'd (2nd Dept. 1984); Wadler v. Stern, 124 AD.2d 725 Dept. 1986); Patterson v. Jewish Hosp. & Med, Center of Brooklyn, 94 Misc.2d 680, 405 N'y.S.2d 194, affd 65 AD.2d (2"d 553, 409 N.Y.S.2d 124 Dept., 1978). Without waiving the objection, plaintiff refers defendant(s) to paragraph 6 and paragraph 11 herein. 10. Plaintiff(s) object(s) to demand 10 for the complaint of defendant improperly and/or failed to monitor, supervise, manage or care for plaintiff: as being improper in that it fails to comply with the provisions of Rule 3043(a) of the CPLR and/or calls for evidentiary material or information in the form of, or to be gleaned from expert medical opinion/testimony. Plaintiff further objects to this demand, to the extent said demand is vague, overly broad, iniproper, palpably irrelevant; not proper inquiry for a bill of particular; beyond the scope of a bill of particulars. See: Felock v. Albany Medical Center Hospital, 1999 WL 81312, (3rd Dept., 1999); Liddell v. Cree, 233 AD.2d 593, 649 N'y.S.2d 101 (3rd Dept., 1996); Dellagio v. Paul, 250 AD.2d 806, 673 N.Y.S.2d 212 (2"d Dept., 1998); Heyward v. Ellenville Commmity Hospital, 215 AD.2d 967, 627 (3rd N.Y.S.2d 167, Dept., 1995); McKenzie v. St. Elizabeth Hospital, 81 AD.2d 1003,440 (2nd N'y.S.2d 109 Dept. 1981); Rockefeller v. Hwang, I AD.2d 817, 484 N.Y.S.2d 206 (3rd (2nd Dept. 1984); Wadler v. Stern, 124 AD.2d 725 Dept. 1986); Patterson v. Jewish Hosp. & Med. Center of Brooklyn, 94 Misc.2d 680, 405 N'y.S.2d 194, aff'd 65 AD.2d (2nd 553, 409 N.Y.S.2d 124 5 of 31 FILED: KINGS COUNTY CLERK 05/03/2024 09/27/2019 12:23 01:02 PM INDEX NO. 515723/2018 NYSCEF DOC. NO. 121 36 RECEIVED NYSCEF: 05/03/2024 09/27/2019 Without waiving the objection, plaintiff refers defendant(s) to paragraph 17 and paragraph 18 herein. 11. Set forth each and every act of nialpractice on the part of the answering defen¾ts which it will be claims constitutes malpractice as alleged in the complaint. ANSWER: Plaintiff(s) object(s) to demand 2(a) as being improper in that it fails to comply with the provisions of Rule 3043(a) of the CPLR and/or calls for evidentiary material or information in the form of, or to be gleaned from expert rñêdical opinion/testimony and, therefore, such demand is vague, overly broad, improper, not proper inquiry for a bill of particular; beyond the scope of a bill of particulars. See: Felock v. Albany Medical Center Hospital, 1999 WL 81312, (3rd Dept., 1999); Liddell v. Cree, 233 AD.2d 593, 649 N'y.S.2d 101 (3rd Dept., 1996); Dellagio v. Paul, 250 AD.2d 806, 673 N.Y.S.2d 212 (2nd Dept., 1998); Heyward v. Ellenville Community Hospital, 215 AD.2d 967, 627 (3rd N.Y.S.2d 167, Dept., 1995); McKenzie v. St. Elizabeth Hospital, 81 AD.2d 1003,440 (2nd N'y.S.2d 109 Dept. 1981); Rockefeller v. Hwang, 1 AD.2d 817, 484 N.Y.S.2d 206 (3'd (2nd Dept. 1984); Wadler v. Stern, 124 AD.2d 725 Dept. 1986); Patterson v. Jewish Hosp. & Med. Center of Brookl_yn, 94 Misc.2d 680, 405 N'y.S.2d 194, affd 65 AD.2d (2nd 553, 409 N.Y.S.2d 124 At all times hereinafter mentioned, any and all references made to the defendañt(s) herein include but are not limited to defendañt(s)'personnel, staff, employees, servants, agents, associates, doctors, attendants, physkkes, associates, affiliates, contractors, subcontractors, playsical therapists, physiatrists, nurses, and medical facilities associated. Without waiving the foregoing objection, plaintiff can state that, at this time, 6 of 31 FILED: KINGS COUNTY CLERK 05/03/2024 09/27/2019 12:23 01:02 PM INDEX NO. 515723/2018 NYSCEF DOC. NO. 121 36 RECEIVED NYSCEF: 05/03/2024 09/27/2019 plaintiff(s) will contend that the Defendant(s) RUTLAND NURSING HOME, RUTLAND NURSING HOME CO INC, and DAVID MINKIN REHABILITATION INSTITUTE were negligent, careless, and/or reckless either vicariously, individually, jointly and/or severally in the following manner: (a) In holding himself out to the general public liielüdiiig the plaintiff(s) herein as being competcut and skilled for the purpose of providing and rendering competent medical care, treatment, and/or rehabilitation to patients, including the plaintiff herein; (b) In failing to attend and/or failing to hold required regular monthly departmcatal meeting to review the care and treatment of the patients serviced by defendants, in general and plaintiff, MARTEL HOBBINS in particular, and to consider the following as required by the Joint Commission on Accreditation of Hospitals to wit: i. Selected deaths ii. Unimproved patients iii. Patients with infections or complications iv. Errors in diagnosis and treatments v. Tissue review reports and vi. Resultant unresolved problems (d) In being negligent, careless, and/or reckless in the hiring, trainiiig, retention, management, control and supervision of their 'personnel, staff, employees, servants, agents, associates, doctors, attendants, physiciails, associates, affiliates, contractors, subcontractors, physical therapists, physiatrists, nurses, and medical facilities. (e) In representing to the geñêral public lilelüding the plaintiff herein that said 7 of 31 FILED: KINGS COUNTY CLERK 05/03/2024 09/27/2019 12:23 01:02 PM INDEX NO. 515723/2018 NYSCEF DOC. NO. 121 36 RECEIVED NYSCEF: 05/03/2024 09/27/2019 defeiidant(s) had the necessai y and requisite traiilliig, skill and experience to care for, treat patients, provide rehabilitative care, as well as to provide cinergency and/or critical medical care. (f) In representing to members of the general public including the plaintiff herein to be medical doctors/providers, physiatric, licensed to pmctice medicine in the State of New York as such holding himself out as being duly qualified to render proper, adequate, competent, and professional medical care, rehabilitative care, and treatment to wiembers of the general public including plaintiff, MARTEL HOBBINS. (g) In representing to members of the general public including the plaintiff herein that individuals hired, retained, contracted, affiliated and/or associated with had the necessary and requisite training, skill and experience to care for, treat patients, provide rehabilitative care, emergeiicy and/or critical medical care; to members of the general public including the plaintiff, MARTEL HOBBINS, (h) In failing to treat and/or provide proper physiatric care, physical mediciiic to the plaintiff MARTEL HOBBINS in a manscr ccasistent with the applicable standard of medical care iiiciüding rehabilitative care established by law. (i) In being negligent, careless, and reckless in the mâñãgement, control and supervision of the plaintiff's care and treatment including rehabilitative/physiatric care and/or treatment. (j) In being negligent, careless, and/or reckless in administering medical care/treatment inchiding rehabilitative/physiatric care to plaintiff MARTEL HOBBINS. (k) In being ñegligent, careless, and/or reckless in failing to diagnose plaintiff HOBBINS' MARTEL medical conditions. 8 of 31 FILED: KINGS COUNTY CLERK 05/03/2024 09/27/2019 12:23 01:02 PM INDEX NO. 515723/2018 NYSCEF DOC. NO. 121 36 RECEIVED NYSCEF: 05/03/2024 09/27/2019 (1) In being negligent, careless, and/or reckless in misdiagnosing plaintiff HOBBINS' MARTEL medical conditions, and/or in failing to recognize the misdiagnosis (m) In being negligent, careless, and/or reckless in failing to timely diagnose HOBBINS' plaintiff MARTEL medical conditions. (n) In being negligent, careless, and/or reckless in misdiagnosing plaintiff HOBBINS' MARTEL medical conditions. (o) In being negligent, careless, and/or reckless in failing to timely diagnew HOBBINS' plaintiff MARTEL medical conditions. (p) In being negligent, careless, and/or reckless in failing to take the necessary HOBBINS' actions to prevent plaintiff MARTEL medical conditions from deteriorating. (q) In being negligent, careless, and/or reckless in failing to provide the plaintiff MARTEL HOBBINS with the specialized medical treatment/care including rehabilitative, physical medicine, and/or physiatric treatment needed to improve and/or cure the plaintiff's medical conditions. (r) In being negligent, careless, and/or reckless in failing to provide the plaintiff MARTEL HOBBINS with the proper diagnostic tests that defendant(s) knew or should have known that such improper diagnostic test (s) were iñãdequate to properly and/or timely disgüóse the plaintiff's medical conditions. (s) In being negligent, careless, and/or recldess in prescribing and performing diagnostic tests that defendant(s) knew or should have known were inadequate to HOBBINS' properly and/or timely diagiiese the plaintiff MARTEL medical conditions (t) In being negligent, careless, and/or reckless in interpreting and/or reading HOBBINS' the plaintiff MARTEL abnormal diagnostic results 9 of 31 FILED: KINGS COUNTY CLERK 05/03/2024 09/27/2019 12:23 01:02 PM INDEX NO. 515723/2018 NYSCEF DOC. NO. 121 36 RECEIVED NYSCEF: 05/03/2024 09/27/2019 (u) In being negligent, careless, and/or reckless in failing to timely act, HOBBINS' âdequately act, professionally and skillfully act on the plaintiff MARTEL diagnostic result. (v) In being negligent, careless, and/or reckless in failing to timely act, HOBBINS' adensately act, professieñãlly and skillfully act on the plaintiff MARTEL abnormal diagnostic result. (w) In being negligent, careless, and/or reckless in providing inadequate medical trestment, care, rehabilitative treatment, physical medicine, and physiatric care to the plaintiff not in accordance with the proper medical practice that is recognized in the medical community. (x) In being negligent, careless, and/or reckless in failing to properly and/or timely provide medicãl treatment, rehabilitative treatment, physical medicine, phy