Opinion
May 26, 1998
Appeal from the Supreme Court, Kings County (Patterson, J.)
Ordered that the appeal from the order dated June 24, 1997, is dismissed, as that order was superseded by the order dated October 27, 1997, made upon reargument; and it is further,
Ordered that the order dated October 27, 1997, is modified, on the law, by deleting therefrom the provisions directing the plaintiff's to respond to items 6, 7, and 21 of the demand of the defendant Joseph Leon Paul and items 13, 14, 18a, 18b, and 28 of the demand of the defendant Kingsboro Medical Group, P.C.; as so modified, the order is affirmed insofar as appealed from; and it is further,
Ordered that the plaintiff's are awarded one bill of costs.
With regard to items 6 and 7 in Paul's demand, there is no need for the plaintiff's to set forth the manner in which the physician failed to act in accordance with good and accepted medical practice since a physician is chargeable with knowing those medically accepted standards applicable to the proper care and treatment of the plaintiff ( see, Patterson v. Jewish Hosp. Med. Ctr., 94 Misc.2d 680, affd 65 A.D.2d 553). Further, the request for specific departures in a bill of particulars is evidentiary ( see, Patterson v. Jewish Hosp. Med. Ctr., supra).
With regard to items 13, 14, 18a, and 18b in the demand of Kingsboro Medical Group, P.C. (hereinafter Kingsboro), the request for information regarding the performance of test or procedures including x-rays and radiographic studies was likewise evidentiary in nature ( see, Patterson v. Jewish Hosp. Med., supra).
Finally, the information sought in Paul's demand 21 and Kingsboro's demand 28 have already been provided by the plaintiff's in their verified bills of particulars.
Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.