Phil. Cnty. Pa., Plaintiff'(S') Standard Form Interrogatories To Defendant(S) In Medical Cases

As amended through December 18, 2021

Plaintiff'(S') Standard Form Interrogatories To Defendant(S) In Medical Cases

I.Addressed to the Hospital

1. Identify each and every contract or other document establishing or otherwise referring to the relationship between _____________________ (Hospital) and ________________________ (Doctor), and/ or document relating to the privileges granted by ________________________________ (Hospital) to

______________________________ (Doctor).

2. Set forth the dates you had professional contact with the plaintiff.

(a) Please consider this a Request to Produce all records relating to said professional contact.

3. State whether you were covered by or were the subject of any policy of liability insurance for the injuries arising out of the instant case.

4. If the answer to interrogatory #3 is in the affirmative, state the following as to each such policy of insurance:

(a) the name of each insured under the policy;

(b) the period of the policy;

(c) the amount of coverage provided by the policy for bodily injury liability for each person, for each occurrence and in the aggregate;

(d) the amount of coverage remaining for satisfaction of judgment in this case;

(e) the type of policy; and

(f) the name of the carrier by which the policy was issued.

5. If the answer to interrogatory #4 is in the affirmative, state whether any Exclusion under the policy is or may be applicable to any claim presented by plaintiff's Complaint.

6. If the answer to interrogatory #5 is in the affirmative, state the precise language of each Exclusion which is or may be applicable, and in summary form, the facts on the basis of which it is contended each such Exclusion is or may be applicable.

7. State whether this case is being defended by the attorney who has entered his or her appearance on your behalf subject to a reservation of rights agreement between you and your insurance carrier.

8. If the answer to interrogatory #7 is in the affirmative, as to each Reservation of Rights Agreement, state the following:

(a) the name of each party to the Agreement;

(b) the date the Agreement was entered into; and

(c) according to your information, what is the stated position of the carrier as to the Reservation of Rights? Answer only if informed consent is pleaded in the Complaint.

9. With respect to any conversations of which you are aware, in which the nature of, alternatives to and/or risks of the procedure in questions were discussed with the patient, set forth:

(a) the date(s) of each conversation;

(b) the substance of each conversation;

(c) the identity of each party to the conversation;

(d) the identity of each witness to the conversation; and

(e) were there any documents relating to the nature of, alternative to, and/or risk of the procedure presented to the patient? If so, please consider this a Request to Produce such document or documents.

10. State the name and last known address of each person who (a) was a witness to the treatment, surgery or examination through sight or hearing; and (b) has knowledge of facts concerning the happening of the treatment, surgery or examination or conditions or circumstances at the time of the treatment, surgery or examination prior to, after, or at time of the accident, excepting those persons who acquired such knowledge during the course of this litigation.

11. With respect to each person identified in the answer to interrogatory #10(a), state that person's exact location and activity at the time of the treatment, surgery or examination.

12. Have you or anyone acting on your behalf obtained from any person any statement concerning this action or its subject matter? If so, state:

(a) the name and last known address of each such person;

(b) when, where, by whom and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and

(c) the name and address of any person who has custody of any such statements that were reduced to writing or otherwise recorded.

(d) Please consider this a Request to Produce those statements referred to in the above answer.

13. Have you given any statement concerning this action or its subject matter? If so, state:

(a) the name and address of each person to whom a statement was given; and

(b) when and where each statement was given.

(c) Please consider this a Request to Produce the statements referred to in the above answer.

14. Do you know of the existence of any photographs, diagrams or models of the surrounding area or the areas of the treatment, surgery or examination or any other matters or things involved in this treatment, surgery or examination?

15. If the answer to interrogatory #14 is in the affirmative, state:

(a) the date(s) when such photographs, diagrams or models were made;

(b) the name and address of the party making them,

(c) where they were made; and

(d) the object(s) or subject(s) each photograph, diagram or model represents.

(e) Please consider this a Request to Produce the photographs, diagrams and/or models referred to in the above.

16. Have you, or anyone on your behalf, conducted any investigations of the treatment, surgery or examination which is the subject matter of the complaint?

17. If the answer to interrogatory #16 is in the affirmative, state:

(a) the name, address and employer of all persons who conducted any investigations;

(b) the dates of the investigations; and

(c) the dates of any reports of any investigations and the identity of the persons who have possession thereof.

(d) Please consider this a Request to Produce your investigation reports, except those portions which are protected from discovery by Pennsylvania Rule of Civil Procedure 4003.3.

18. State the name and address of each person whom you expect to call as an expert witness at trial and state the subject matter on which the expert is expected to testify.

(a) For each such expert, state or have the expert state the substance of the facts and opinions to which the expert is expected to testify and summarize the grounds for each such opinion. (Expert's(s') reports containing the same information may be attached in lieu of an answer);

(b) if the expert is employed and/or self-employed, identify the employer and the nature of employment thereof;

(c) identify all documents submitted to the expert and all products and/or locales inspected by the expert in connection with preparations for his or her testimony; and

(d) set forth the qualifications of each expert, listing the schools attended, years of attendance, degrees received, experience in any particular field of specialization or expertise, all publications authored, including the title of the work and the book in which it was printed, giving the date of publication.

19. If you deny you are negligent, set forth the facts that support the basis of your denial.

20. Do you claim that plaintiff was contributorily or comparatively negligent and/or assumed the risk?

(a) If the answer to interrogatory #20 is in the affirmative, state the contentions of you or anyone acting on your behalf, upon which you base a claim of contributory or comparative negligence and/or assumption of risk.

21. Identify each rule, regulation, guideline, instruction or other recommendation, manual, handbook, collection of orders or notices or other documents regarding the ____________________ (procedure) at ____________________________ (hospital) in _________________ (month, year of occurrence).

22. For each of the above Interrogatories, please provide the name, address and position of the person who supplied the information in the foregoing Interrogatories.

II.Addressed to the Doctor

1. Set forth the following details regarding your medical education and preparation for practice:

(a) medical school(s) attended, dates of attendance and year of graduation;

(b) place and period of internship;

(c) nature of subjects covered during internship;

(d) names and specialties of physicians who trained you during internship;

(e) place and period of residency;

(f) subject of residency;

(g) names and specialties of physicians who trained you during residency;

(h) nature and period of any graduate studies and where they were pursued;

(i) inclusive dates of any armed forces service; and

(j) nature of armed forces service, including nature of any medical experiences.

2. Set forth the name of each medical organization with which you are affiliated or of which you are a member.

3. If you have ever been certified by any specialty board, or if you are now or have ever been a member of any specialty board, set forth the following:

(a) the name and address of each specialty board;

(b) the date you were certified or became a member; and

(c) if you are no longer certified or a member, give the date your certification or membership was terminated and the reason for the same.

4. Identify all publications, including but not limited to papers, journal articles, letters to the editor, textbooks, symposiums, etc., which you authored or contributed to, including the title of the work, the name of the periodical or book in which it was printed, the pages you wrote and the date of its printing.

5. Identify by author, title and year of publication, every textbook in (subject/specialty) which you had in your office from (relevant years).

6. Identify by author, title and year of publication, every textbook in (subject/specialty) which you regularly referred to and/or relied upon in the (relevant years).

7. Set forth the name of each medical journal you subscribed to in (relevant years).

8. Set forth the name of each medical journal you read regularly in (relevant years).

9. Identify each office, clinic or other location relating to the practice of medicine maintained by you, or in which you otherwise worked, subsequent to your internship or residency and set forth the inclusive dates you maintained each such location.

10. Set forth the names of all hospitals with which you were affiliated prior to (relevant years);

(a) with respect to each such hospital set forth your positions and responsibilities.

11. Set forth the names of all hospitals with which you are presently affiliated;

(a) with respect to each hospital set forth your position(s) and responsibilities.

12. Were you associated, or in partnership with any other medical practitioner at the time of the occurrences which are the subject of this action?

13. If so, state:

(a) the name, address, specialty and qualifications of each person with whom you were associated or in partnership;

(b) the nature of your business relationship to such person;

(c) the terms and conditions of the relationship;

(d) the date you formed the relationship;

(e) whether the relationship still exists, and if not, the reason and date it was terminated; and

(f) whether any written agreement existed between you and your associates or partners, and if so, the name and address of the person who has custody of the agreement.

14. Identify each and every contract or other document establishing or otherwise referring to the relationship between ___________________________ (Hospital) to ______________________________ (Doctor).

15. Set forth the dates you had professional contact with the plaintiff.

(a) Please consider this a Request to Produce all records relating to said professional contact.

16. State whether you were covered by or were the subject of any policy of liability insurance for the injuries arising out of the instant case.

17. If the answer to interrogatory #16 is in the affirmative, state the following as to each such policy of insurance:

(a) the name of each insured under the policy;

(b) the period of the policy;

(c) the amount of coverage provided by the policy for bodily injury liability for each person, for each occurrence and in the aggregated;

(d) the amount of coverage remaining for satisfaction of judgment in this case;

(e) the type of policy; and

(f) the name of the carrier by which the policy was issued.

18. If the answer to interrogatory #16 is in the affirmative, state whether any Exclusion under the policy is or may be applicable to any claim presented by plaintiff's Complaint.

19. If the answer to interrogatory # 18 is in the affirmative, state the precise language of each Exclusion which is or may be applicable, and in summary form, the facts on the basis of which it is contended each such Exclusion is or may be applicable.

20. State whether this case is being defended by the attorney who has entered his or her appearance on your behalf subject to a reservation of rights agreement between you and your insurance carrier.

21. If the answer to interrogatory #20 is in the affirmative, as to each Reservation of Rights Agreement, state the following:

(a) the name of each party to the Agreement;

(b) the date the Agreement was entered into; and

(c) according to your information, what is the stated position of the carrier as to the Reservation of Rights? Answer only if informed consent is pleaded in the Complaint.

22. With respect to any conversations of which you are aware, in which the nature of, alternatives to and/or risks of the procedure in question were discussed with the patient, set forth:

(a) the date(s) of each conversation;

(b) the substance of each conversation;

(c) the identity of each party to the conversation;

(d) the identity of each witness to the conversation; and

(e) were there any documents relating to the nature of, alternative to, and/or risk of the procedure presented to the patient? If so, please consider this a request to produce such document or documents.

23. Did you ever consult with any other physician in connection with the care and treatment of the patient? If so, set forth:

(a) the date(s) of the consultation;

(b) the identity of the physician;

(c) the subject matter of the consultation;

(d) action taken as a result of the consultation; and

(e) the identity of documents relating to the consultation.

(f) Please consider this a request to produce the documents referred to in (e).

24. State the name and last known address of each person who (a) was a witness to the treatment, surgery or examination through sight or hearing; and (b) has knowledge of facts concerning the happening of the treatment, surgery or examination or conditions or circumstances at the time of the treatment, surgery or examination prior to, after, or at time of the occurrence which is the subject of this suit, excepting those persons who acquired such knowledge during the course of this litigation.

25. With respect to each person identified in the answer to interrogatory #24(a), state that person's exact location and activity at the time of the treatment, surgery or examination.

26. Have you or anyone acting on your behalf obtained from any person any statement concerning this action or its subject matter? If so, state:

(a) the name and last known address of each such person;

(b) when, where, by whom and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and

(c) the name and address of any person who has custody of any such statements that were reduced to writing or otherwise recorded.

(d) Please consider this a Request to Produce those statements referred to in the above answer.

27. Have you given any statement concerning this action or its subject matter? If so, state:

(a) the name and address of each person to whom a statement was given; and

(b) when and where each statement was given.

(c) Please consider this a Request to Produce the statements referred to in the above answer.

28. Do you know of the existence of any photographs, diagrams or models of the surrounding area or the areas of the treatment, surgery or examination or any other matters or things involved in this treatment, surgery or examination?

29. If the answer to interrogatory #26 is in the affirmative, state:

(a) the date(s) when such photographs, diagrams or models were made;

(b) the name and address of the party making them;

(c) where they were made; and

(d) the object(s) or subject(s) each photograph, diagram or model represents.

(e) Please consider this a Request to Produce the photographs, diagrams and/or models referred to in the above.

30. Have you, or anyone on your behalf, conducted any investigations of the treatment, surgery or examination which is the subject matter of the complaint?

31. If the answer to interrogatory #28 is in the affirmative, state:

(a) the name, address and employer of all persons who conducted any investigations;

(b) the dates of the investigation; and

(c) the dates of any reports of any investigations and the identity of the persons who have possession thereof.

(d) Please consider this a Request to Produce your investigation reports, except those portions which are protected from discovery by Pa.R.C.P. 4003.3.

32. State the name and address of each person whom you expect to call as an expert witness at trial and state the subject matter on which the expert is expected to testify.

(b) if the expert is employed and/or self-employed, identify the employer and the nature of employment thereof;

(c) identify all documents submitted to the expert and all products and/or locales inspected by the expert in connection with preparations for his or her testimony; and

33. If you deny you are negligent, set forth the facts that support the basis of your denial.

34. Do you claim that plaintiff was contributorily or comparatively negligent and/or assumed the risk?

35. If the answer to interrogatory #32 is in the affirmative, state the contentions of you or anyone acting on your behalf, upon which you base a claim of contributory or comparative negligence and/or assumption of risk.

Phil. Cnty. Pa., Plaintiff'(S') Standard Form Interrogatories To Defendant(S) In Medical Cases

Former Rule 145B, adopted, as General Court Regulation 84-1, effective 1/5/1984.