Sample of Defendant Doctor’s Request for Production of Documents

Medical Malpractice: Doctor Defendant’s Request for Production of Documents

IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND

AMY SMITH
– Plaintiff

v

DR. MANDY MOORE, et al,
– Defendants

CASE NO.: 05-C-08-6591

Request for Production of Documents

Plaintiff hereby requests that Defendant Mandy More, M.D. file within thirty (30) days a written response to requests on the attached Document Schedule and to produce those documents for inspection and copying within thirty (30) days of service of this request at the Law Offices of Miller & Zois, LLC, 1 South St, #2450, Baltimore, MD 21202.

1. Your written response shall state with respect to each item or category, that inspection-related activities will be permitted as requested, unless request is refused, in which event the reasons for refusal shall be stated. If the refusal relates to part of an item or category, that part shall be specified.
2. In accordance, the documents shall be produced as they are covered in the usual course of business or you shall organize and label them to correspond with the categories in the request.
3. These requests shall encompass all items within your possession, custody or control.
4. These requests are continuing in character so as to require you to promptly amend or supplement your response if you obtain further material information.
5. If in responding to these requests you encounter any ambiguity in construing any request, instruction or definition, set forth the matter deemed ambiguous in the construction used, in responding.

Definitions

As used in these requests, the following terms are to be interpreted in accordance with these definitions:

1. The term “person” includes any individual, joint stock company, unincorporated association or society, municipal or other corporation, state, which agencies or political subdivisions, and court, or any other governmental entity.
2. The terms “you” or “your” include the persons to whom these requests are addressed, and all that person’s agents, representatives or attorneys.
3. In accordance, the terms, “document” or “documents” includes all writings, drawings, graphs, charts, photographs, recordings, and any other data computations from which information can be obtained, translated, if necessary by (you), through detection devices, into reasonably usable form.
4. The term “occurrence” means the incident complained of in the Plaintiff’s complaint.

Documents to be Produced

1. 1. All reports prepared by any experts expected to testify on behalf of the Defendant at the trial in this matter and all documents used by said experts in forming their opinions, whether such experts are medical, economic, or otherwise.
   2. All documents, including, but not limited to, all of your policies, rules, regulations, procedures, protocols, guidelines, standards, training manuals, instructions, pamphlets and/or any other written material with regard to the diagnosis and treatment of the condition for which you operated on the Plaintiff to include any operative protocols.
   3. Any and all documents relating to liability insurance policies insuring the Defendants at the time of the occurrence, to include any and all documents reflecting payments to any person or legal entity arising out of claims made against the defendants.
   4. All medical reports, surgical records, consent forms, financial records, bills, invoices, writings, c.d.’s, notes, electronically stored data, or memoranda relating in any way to the Plaintiff’s physical, or medical condition, illnesses or disability.
   5. Copies of any and all documents, records or writings made in the ordinary course of business concerning the subject matter to this action.
   6. Any photographs or motion pictures of the Plaintiff and the Plaintiff’s surgery in your or your attorney’s possession or control.
   7. All documents referred to in your Answers to Interrogatories.
   8. Any and all medical records, medical bills, and other medical documentation of any kind and bills obtained or received from sources other than Plaintiff or Plaintiff’s counsel, whether by subpoena or otherwise.
   9. Any and all insurance agreements or insurance policies identified in your Answers to Interrogatories.
   10. All medical records pertaining to treatment rendered by any physician, dentist, hospital, or other medical practitioner or facility to the Plaintiff.
   11. All documents concerning any releases, settlement or other agreement, formal or informal, pursuant to which the liability of any person for any injury or damage arising out of the occurrence has been limited, reduced, or released in any manner.

1. 1. 1. All documents, transcripts, tape recordings, or recordings of any kind relating to statements given by plaintiff and/or her representatives, agents or employees, concerning this incident.
      2. Copies of all transcripts of testimony from your experts for the last five years whether during a deposition, hearing, or trial.
      3. Copies of all documents, audio tapes, computer generated evidence, photographs, and all other demonstrable items relative to the case at bar.
      4. Copies of your transcripts from any institution of higher education, i.e college, university, medical school.
      5. Copies of any and all applications to any medical school.
      6. Copies of all letters from any medical school where you applied that reflect that you were
         not accepted.
      7. Copies of all applications and renewal of applications for any medical malpractice liability insurance polices for the last ten years.
      8. Copies of any letters, correspondence, e-mail correspondence, from any patient and his /her legal representative that placed you on notice of a possible medical malpractice claim.
      9. Copies of all complaints, pleadings, discovery documents, depositions, answers to interrogatories, response to requests for production of documents, court orders, that pertain to any administrative, civil, traffic, and criminal case, wherein you were/are a party.
      10. All documents and any other written materials, diagrams, photos, audio/video tapes, computer generated evidence, electronically stored data, models, computer stored data etc. that were relied upon by any expert that you have retained in the case at bar.
      11. A copy of your experts’ most recent c.v.
      12. Copies of all of your medical bills representing charges for services provided to the Plaintiff.
      13. A copy of any article, book, and other publication authorized or co-authorized by you and your expert witnesses.
      14. A copy of any application for privileges at any hospital within the last six years.
      15. Copies of any and all documents signed by the Plaintiff.
      16. Any and all medical publications, articles, books, etc. that you claim support any opinion that the risk of injury to the Plaintiff’s iliac vein and artery was in any way shape or form increased due to any medical condition the plaintiff had at the time you performed the operation on the plaintiff.
      17. Any and all medical publications, articles, books, etc. that you claim support any opinion that the risk of injury to the Plaintiff’s iliac vein and artery was in any way shape or form increased due to the plaintiff being overweight at the time you performed the operation on the plaintiff.
      18. Any and all written materials that were provided to the Plaintiff before her surgery.
      19. Copies of any computer generated or other electronically stored data that pertain the Plaintiff and the litigation at bar.
      20. All correspondence sent to and received from any other medical providers that treated the plaintiff following her injury.
      21. All medical bills for the services that you provided to the Plaintiff.
      22. All documents concerning any releases, settlements or other agreements, formal or informal, that reduce the amount of liability insurance available to cover the Plaintiff’s losses.
      23. Any and all medical publications, articles, books, etc. that you claim support any opinion that the risk of injury to the Plaintiff’s iliac vein and artery was in any way shape or form increased due to the plaintiff having prior c-Sections.
      24. Any and all medical publications, articles, books, and the like that you claim support any opinion that the risk of injury to the Plaintiff’s iliac vein and artery was in any way shape or form increased due to the plaintiff having adhesions in her body.
      25. All written materials, diagrams, models, and any other items, audio/video tapes, etc. made available by your medical office to any patient that is considering a hysterectomy.
      26. All agreements by and between you and any Hospital for the last ten years.

   Respectfully submitted,
   Miller & Zois, LLC
   1 South St, #2450
   Baltimore, MD 21202
   (410)779-4600
   (410)760-8922 (facsimile)
   Attorney for the Plaintiff

   Note: This is a sample of the Plaintiff’s medical malpractice lawyers request for production of documents in a medical malpractice case.