Plaintiff Attorney Legal Information CenterBelow is a sample request for production of documents in a birth injury medical malpractice lawsuit. This is the first set of requests for production sent out in this lawsuit.
IN THE CIRCUIT COURT FOR MARYLAND COUNTY
AMANDA STROUD, et al.
v.
DONNA L. HAWKINS, M.D., et al.
Case No.: C-02-CV-16-001864
PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS TO ALL DEFENDANTS
TO: ALL DEFENDANTS
FROM: PLAINTIFFS
Plaintiffs, Amanda Stroud and Matthew Stroud, Individually, and as Parents and Next Friend of Alexander Stroud, a minor, by and through their attorneys, Miller & Zois, LLC, and pursuant to Maryland Rule 2-422 hereby requests all Defendants produce the documents requested below within 30 days of the service of this pleading.
INSTRUCTIONS
(a) 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.
(b) 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. (c) These requests shall encompass all items within your possession, custody, or control.
(d) These requests are continuing in character so as to require you to promptly amend or supplement your response if you obtain further material information.
(e) If in responding to these requests you encounter any ambiguity in construing any request, instruction, and/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:
(a) The term “person” includes any individual, joint stock company, unincorporated association, or society, municipal or other corporation, state agencies or political subdivisions, courts, and/or any other governmental entity.
(b) The terms “you” or “your” include the persons to whom these requests are addressed, and all that person’s agents, representatives, or attorneys.
(c) In accordance, the terms, “document” or “documents” includes all writings, drawings, graphs, charts, photographs, recordings, and/or any other data computations from which information can be obtained, translated if necessary by you through detection devices into reasonably usable form.
(d) The term “occurrence” means the incident complained of in the Plaintiffs’ Complaint.
DOCUMENTS TO BE PRODUCED
1. All reports prepared by any experts expected to testify at the trial in this matter, to include via videotaped depositions and all documents reviewed by and/or utilized 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, nursing standard of care forms, training manuals, instructions, pamphlets, clinical pathways, order sets, any other written materials, PowerPoint slides, and other media with regard to treating patients who have injuries/medical conditions similar to that of Amanda Stroud and Alexander Stroud, to include Any documents which pertain to labor and delivery which were in effect on April 4th and 5th, 2021.
3. All documents, including, but not limited to, all of your policies, rules, regulations, procedures, protocols, guidelines, standards, nursing standard of care forms, training manuals, order sets, instructions, pamphlets, clinical pathways, other written materials, PowerPoint slides, and other media with regard to use of Pitocin which were in effect on April 4th and 5th, 2021.
4. All documents, including, but not limited to, all of your policies, rules, regulations, procedures, protocols, guidelines, standards, nursing standard of care forms, training manuals, order sets, instructions, pamphlets, clinical pathways, any other written materials, PowerPoint slides, and other media with regard the use of forceps and a vacuum device to deliver a baby which were in effect on April 4th and 5th, 2021.
5. All documents, including, but not limited to, all of your policies, rules, regulations, procedures, protocols, guidelines, standards, training manuals, instructions, pamphlets, clinical pathways, any other written materials, PowerPoint slides, and other media with regard to obtaining a patient’s informed consent for a vaginal delivery and a C-section delivery which were in effect on April 4th and 5th, 2021.
6. All documents, including, but not limited to, all of your policies, rules, regulations, procedures, protocols, guidelines, standards, training manuals, instructions, pamphlets, clinical pathways, any other written materials, PowerPoint slides, and other media which suggested, encouraged, and/or directed physicians at Maryland Medical Center to follow the ACOG Guidelines for the delivery of a baby.
7. All documents, including, but not limited to, all of your policies, rules, regulations, procedures, protocols, guidelines, standards, training manuals, instructions, pamphlets, clinical pathways, any other written materials, PowerPoint slides, and other media with regard to the interpretation of fetal monitor strips which were in effect on April 4th and 5th, 2021.
8. Any documents relating to indemnification agreements and liability insurance policies indemnifying and insuring the Defendants, at the time of the occurrence, to include Any documents reflecting payments to any person or legal entity arising out of claims made against you which would reduce the amount of insurance available to compensate the Plaintiffs in this case.
9. All medical records, including, but not limited to, reports, surgical records, consent forms, financial records, bills, invoices, writings, CDs, notes, electronically stored data, radiological studies, and memoranda relating in any way, shape, or form to the medical treatment which Amanda Stroud and Alexander Stroud received at Maryland Medical Center.
10. Copies of Any documents, records, and writings made in the ordinary course of business concerning the subject matter of this action.
11. Any photographs and motion pictures of Amanda Stroud, Matthew Stroud, and Alexander Stroud in your, or your attorney’s, possession or control.
12. All documents referred to in your Answers to Plaintiffs’ Interrogatories, all other Answers to Interrogatories to all other parties, and copies of any deposition testimony from any person deposed in the case at bar.
13. Any medical records, medical bills, and other medical documentation of any kind obtained or received from any source pertaining to Amanda Stroud and Alexander Stroud.
14. Any insurance agreements or insurance policies identified in your Answers to Interrogatories and those policies not identified in your answers to Interrogatories which would provide coverage for the losses sustained by the Plaintiffs in this case.
15. Copies of Any agreements which you executed with any person or entity to treat Amanda Stroud and Alexander Stroud.
16. Copies of Any agreements and contracts executed by you and any defendant relating in any way, shape, or form to medical care provided to Amanda Stroud and Alexander Stroud.
17. Copies of Any rules, regulations, protocols, policies, guidelines, and order sets, which pertain to the manner in w
hich a patient such as Amanda Stroud is to be seen, evaluated, and treated at Maryland Medical Center which were in effect on April 4th and 5th 2021.
18. Copies of Any rules, regulations, protocols, and policies which pertain to the manner in which a nurse is required to notify an OBGYN of the results of a fetal monitor recording which were in effect on April 4th and 5th 2021.
19. Copies of all documents which you executed in the last six years which pertain to your employment with any employer and/or hospital.
20. All medical records pertaining to treatment rendered by any physician, nurse, hospital, or other medical practitioner or medical provider to Amanda Stroud and Alexander Stroud.
21. All documents concerning any releases, settlement, and 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, and/or released in any manner.
22. All documents, transcripts, tape recordings, or recordings of any kind relating to statements received by you from Amanda Stroud, Matthew Stroud, and Alexander Stroud.
23. Copies of all documents, audio tapes, videotapes, computer-generated evidence, photographs, medical illustrations, and all other demonstrable items relative to the case at bar.
24. Copies of all applications and renewal of applications for any medical malpractice liability insurance policies for the last five years.
25. Copies of any letters, correspondences, and/or e-mail correspondences from any patient and his/her legal representative which placed you on notice of a possible medical malpractice claim or incident involving the occurrence in Plaintiffs’ Complaint.
26. Copies of all complaints, pleadings, discovery documents, depositions, answers to interrogatories, response to requests for production of documents, and/or court orders which pertain to any administrative, civil, traffic, and criminal case wherein you were/are a party within the last five years.
27. All documents, including, but not limited to, written materials, diagrams, photos, audio/videotapes, computer-generated evidence, electronically stored data, and models which were relied upon by any expert which you have retained in the case at bar.
28. A copy of your, and your experts’ most recent Curriculum Vitae, 1099 forms, and income tax returns for the last three years.
29. Copies of all medical bills representing charges for services provided to Amanda Stroud and Alexander Stroud.
30. Copies of any articles, books, and other publications authored or co-authored by you, any of your expert witnesses, any surgeons employed by you, any physician assistants employed by you, and any other persons employed by you who cared for Amanda Stroud and Alexander Stroud.
31. Copies of any articles, books, and other publications authored or co-authored by you, any of your expert witnesses, and any physician employed by you which mention fetal distress, and/or non-reassuring fetal monitor results.
32. Copies of all documents signed by Amanda Stroud and Matthew Stroud.
33. Copies of Any employment/independent contractor agreements made between you and any employer/contractor in the last five years.
34. Any medical publications, including, but not limited to, articles, books, and/or documents which you claim support any opinion and/or position that you did not violate the applicable standard of medical care, and Any medical publications, including, but not limited to, articles, books, and documents which support any claim that Any defendants herein, including you, followed the applicable standard of medical care when you/they provided medical care to Amanda Stroud and Alexander Stroud.
35. All written materials which were provided to Amanda Stroud and Matthew Stroud.
36. Copies of any computer-generated or other electronically stored data and evidence which pertain to Amanda Stroud and Alexander Stroud and the case at bar to include all audit trails which shall include documentation which shows all accesses to, and all actions in, Amanda Stroud’s and Alexander Stroud’s medical chart.
37. All correspondence sent to and received from any medical providers who treated Amanda Stroud and Alexander Stroud.
38. All documents which reflect payments you received for medical services provided to Amanda Stroud and Alexander Stroud.
39. All bills for the medical treatment to Amanda Stroud and Alexander Stroud.
40. All documents concerning any releases, settlements, or other agreements, formal or informal, which reduces the amount of liability insurance available to cover the Plaintiffs’ losses.
41. Any medical publications, including, but not limited to, textbooks, articles, and books which you claim support any opinion that Alexander Stroud’s cortical kidney necrosis did not occur at Maryland Medical Center.
42. All written materials, including, but not limited to, guidelines, clinical pathways, criteria, diagrams, models, and audio/videotapes made available to you, and/or which you were aware of before you treated Amanda Stroud, which pertained to fetal monitoring.
43. Copies of all deposition testimony from any person deposed in this case.
44. Copies of Any employment agreements and monetary compensation agreements which you had, or currently have, with any entity in the last five years.
45. Copies of all documents, audiotapes, videotapes, PowerPoint presentations, and all other forms of communication which reflect the training which you received prior to April 4th and 5th regarding the administration of Pitocin.
46. Copies of all radiology films and imaging studies taken of Alexander Stroud.
47. Copies of Any documents which relate in any way, shape, or form to the case at bar.
48. Copies of Any statements and reports prepared and/or signed by you, and/or any of your employees, and/or medical staff pertaining to the treatment provided to Amanda Stroud and Alexander Stroud.
49. Copies of Any documents and any materials, to include PowerPoint presentations, which you have reviewed prior to April 4, 2021 which pertain to a C-section.
50. A complete list of all seminars, lectures, and/or programs which were made available to you from 2007-2021, to include any in-service training and continuing education programs pertaining to the interpretation of fetal monitoring strips.
51. Copies of all documents, correspondence, emails, and any other items provided to, and/or shared, in any way, shape, or form with any expert in this case.
52. Copies of all documents, correspondence, and any other items provided to you by any expert in this case.
53. Copies of Any articles, textbooks, and/or medical journals authored by any of your experts.
54. Copies of Any correspondence, including e-mails, by and between your lawyers and your experts.
55. The schedule and/or timesheet for each defendant for the time period of April 2-6, 2021.
56. All certifications by the Joint Commission which demonstrate and/or reflect the level of the NICU at Maryland Medical Center on April 3, 2021.
57. All physician and nursing standard of care forms, order sets, clinical pathways, and guidelines which pertain to the assessment of a woman in labor for the administration of Pitocin which were in effect on April 3rd and 4th, 2021.
58. All physician and nursing standard of care forms, order sets, clinical pathways, and guidelines which pertain to the assessment of a newborn to determine whether to offer the mother a C-section delivery.
59. All physician and nursing standard of care forms, order sets, and clinical pathways which mention or address the care for a fetus who is suffering from fetal distress, or is suspected of experiencing fetal distress which were in effect on April 3rd and 4th, 2021.
60. All documents of any nature whatsoever which you may receive in response
to any Notice of Records Deposition or subpoena.
61. Any documents which may pertain in any manner whatsoever to Any literature or medical articles or texts which you contend set forth the standard of care to be followed by any of the Defendants with regard to the care and treatment which is at issue in this case.
62. Any documents of any nature whatsoever which may pertain in any manner whatsoever to your contention that Dr. Hawkins informed Amanda Stroud of the material risks and benefits of proceeding to vacuum delivery and/or operative vaginal delivery with the use of forceps versus the option of having a C-section. In responding to this request, if relying on the medical records, please specify by Batess stamp number which pages within the medical records support this contention.
63. Any documents of any nature whatsoever which may pertain in any manner whatsoever to your contention that Dr. Penn informed Amanda Stroud of the material risks and benefits of proceeding to vacuum delivery and/or operative vaginal delivery with the use of forceps versus the option of having a C-section. In responding to this request, if relying on the medical records, please specify by Bates stamp number which pages within the medical records support this contention.
64. Any documents of any nature whatsoever which may pertain in any manner whatsoever to your contention that the attempt use of vacuum and/or the use of forceps did not cause any injury to Alexander Stroud. In responding to this request, if relying on the medical records, please specify by Bates stamp number which pages within the medical records support this contention.
65. Any documents of any nature whatsoever which may pertain in any manner whatsoever to your contention that Alexander Stroud did not suffer injuries and damages due to any of alleged negligence by Dr. Rebecca Penn as set forth in of the Complaint. In responding to this request, if relying on the medical records, please specify by Bates stamp number which pages within the medical records support this contention.
66. Any documents of any nature whatsoever which may pertain in any manner whatsoever to your contention that Alexander Stroud did not suffer injuries and damages due to any of alleged negligence by Dr. Hawkins as set forth in the Complaint. In responding to this request, if relying on the medical records, please specify by Bates stamp number which pages within the medical records support this contention.
67. Any documents of any nature whatsoever which may pertain in any manner whatsoever to your contention that Alexander Stroud did not suffer injuries and damages due to any of alleged negligence by Amy Jacobs, R.N. as set forth in the Complaint. In responding to this request, if relying on the medical records, please specify by Bates stamp number which pages within the medical records support this contention.
68. Any documents of any nature whatsoever which may pertain in any manner whatsoever to your allegation that Alexander Stroud did not suffer injuries and damages due to any of alleged negligence by Kristen Weeks, R.N. as set forth in the Complaint. In responding to this request, if relying on the medical records, please specify by Bates stamp number which pages within the medical records support this contention.
69. Any documents of any nature whatsoever which may pertain in any manner whatsoever to your contention that Alexander Stroud did not suffer injuries and damages due to any alleged negligence by Ann Holman, R.N. as set forth in the Complaint. In responding to this request, if relying on the medical records, please specify by Bates stamp number which pages within the medical records support this contention.
70. Any documents of any nature whatsoever which may pertain in any manner whatsoever to your contention that Alexander Stroud did not suffer injuries and damages due to any of alleged negligence by any named Defendant as set forth in of the Complaint. In responding to this request, if relying on the medical records, please specify by Bates stamp number which pages within the medical records support this contention.
- More sample requests for production of documents
- Sample interrogatories