BEST PRACTICES FOR DISCOVERY
Common Interrogatories Directed to Healthcare Defendants
EDITOR'S NOTE: I asked the CLNC® Pros to share their expertise in helping their attorney-clients develop interrogatories. While this list is not intended to be comprehensive, it is a great starting point for drafting the standard interrogatories your attorney-client will need to prepare a winning case. Always communicate to each attorney-client that you can help them with interrogatories, and remember to customize the recommended interrogatories for the case in hand.
Interrogatories to Healthcare Facility Defendants
Please state the defendant-hospital's exact name and address.
Please state the name, address, title and position of the person answering these written interrogatories on behalf of (Hospital)_____________.
Please state the exact name of the corporation, partnership or individual that owns (Hospital)_____________ and state whether the owner is a corporation, partnership, foundation, assumed name or individual.
Please identify the license and accreditation status of (Hospital)_____________ as of (Date)_____________.
Has (Hospital)_____________ been properly named and sued in its proper capacity in this cause? If your answer is "No," please state the proper legal name of the defendant-hospital and the name and address of its agent for service.
Did (Hospital)_____________ have in effect on (Date)_____________ official bylaws and rules and regulations relating to its management and operation? If your answer is "Yes":
Please state in whose custody copies of these bylaws and rules and regulations now reside.
Please attach a copy of the hospital bylaws and rules and regulations to your answers to these interrogatories. If you will not do so without a formal motion to produce, please state all reasons for your refusal to produce at this time.
As of (Date)_____________, please state the name, address and phone number of (Hospital)_____________ administrator and all other administrators.
Identify the chairman of the Department of (Dept.)_____________ during the period (Dates)_____________.
Please state the names of all insurance companies who had insurance coverage on (Hospital)_____________ in effect on (Date)_____________ and the amounts of said coverage that would apply to the incident made the basis of this suit.
In addition to the above insurance policies, please state the names of all insurance companies, if any, that provided any type of excess or umbrella coverage on (Hospital)_____________ and the amount of such coverage on (Date)________.
Did any person, agency, group, committee, board or faculty in or outside (Hospital)_____________ review the medical records of (Patient)_____________ at any time from (Date)_____________ to the present? If your answer is "Yes," please state:
The name, address, title and position of employment of said persons, agencies, groups, committees, boards or faculty conducting such review;
The reason such review was made;
The date of each such review;
The results of each review of (Patient)_____________'s chart and record;
Whether or not any minutes were kept at such review meetings and, if so, where the minutes are located and who has custody of them.
Was a conference held at (Hospital)_____________ with (Family)_____________? If your answer is "Yes," please state:
The name, address, title and position of each and every individual who was present at said conference;
The purpose of said conference;
A description of the communication to (Family)_____________ regarding (Patient)_____________'s condition and diagnosis.
Please attach a copy of all instruments in writing regarding said conference.
Has (Hospital)_____________ received any complaints, criticisms or inquiries regarding the professional competence of Dr. (M.D.)_____________ for a three-year period prior to (Date)_____________? If your answer is "Yes," please state:
The number of said complaints, criticisms or inquiries received;
The name of the individual who received said complaints on behalf of (Hospital)_____________;
The name of the individual who was vested with the responsibility of investigating each such complaint on behalf of (Hospital)_____________.
On (Date)_____________, did you have any form of written contract or agreement with Dr. (M.D.)_____________? If your answer is "Yes," please attach a copy of said contract or agreement.
Did (Hospital)_____________ have in effect on (Date)_____________ any bylaws, rules, policies, regulations or procedures that required the following?
That the medical staff strive to maintain the optimal level of professional performance of its members;
That the medical staff provide periodic in-depth reappraisal of each staff member.
If your answer is "Yes," please attach a copy of all such instruments setting out (Hospital)_____________ requirements in regard to those items listed above and any written protocols for the achievement of such requirements.
Please state the names, addresses and phone numbers of the persons most knowledgeable about any and all quality assurance logs maintained regarding (Hospital)_____________.
Please state the names, addresses and phone numbers of the persons most knowledgeable about any and all job performance evaluations of any or all persons who provided nursing services to (Patient)_____________ while a patient at (Hospital)_____________.
Please state the names, addresses and phone numbers of the persons most knowledgeable about any and all complaints or grievances made by (Patient)_____________ or the patient's authorized representative or next of kin. You may limit your response to complaints or grievances that were made or documented in writing.
Please state whether Dr. (M.D.)_____________ has now or ever has had any ownership interest in (Hospital)_____________. If your answer is "Yes," please state:
The extent of ownership;
The inclusive dates of said interest.
Please state the name, address, title and position of all additional physicians who rendered medical or surgical care to (Patient)_____________ during the period of (Dates)_____________ by way of assistance or consultation. For each physician state:
Whether the physician was a member of the medical staff of (Hospital)_____________;
The position or title the physician held during the period of (Dates)_____________;
The position or title the physician currently holds;
The department or departments in which the physician worked on (Date)_____________;
The physician's specialty, if any;
The type of staff membership the physician enjoyed with (Hospital)_____________;
The physician's exact status during the period of (Dates)_____________.
Please identify all licensed staff members and employees responsible for the care and treatment of (Patient)_____________ during the period of (Dates)__________.
Do you have an opinion as to the cause of the injuries or damages sustained by (Patient)_____________?
If your answer is "Yes," please state what you believe is the cause of said injuries or damages and the names, addresses and telephone numbers of any persons or entities you believe were responsible for said injuries or damages.
Please specifically describe any and all negligent acts you allege (Plaintiff)_____________ committed and describe how this negligence allegedly caused or contributed to (Patient)_____________'s death.
Please state the names, professional licenses, positions of employment, addresses and telephone numbers of all persons known to you, your attorney or insurance carrier or their representatives who have, or claimed to have, any knowledge concerning the injury or damages sustained by (Plaintiff)_____________, arising out of the acts, events and conduct as alleged in (Plaintiff)_____________'s petition.
Please state the names, professional licenses, positions of employment, addresses and telephone numbers of any and all witnesses (specifically identifying whether each individual identified is a fact or expert witness) on whose testimony you intend to rely.
Have any written statements been obtained by (Hospital)_____________ or its representatives in regard to the preceding interrogatory? If your answer is “Yes,” please attach copies of such written statements to your answers to these interrogatories.
Please state the name, address, telephone number, title, position and place of employment of each person whom you expect to call as an expert witness at the trial and state in detail the subject matter about which the expert is expected to testify and the substance of the testimony.
Please identify the nursing chain of command at (Hospital)_____________.
Did (Hospital)_____________ have a nursing protocol to be followed by those nurses providing patient care services on (Unit)_____________ when it was suspected that a patient on this unit was suffering from (Pathology)_____________? If so:
Provide a detailed description of the protocol;
Provide the name of the protocol or procedure and date of last revision prior to (Date)_____________ of any written policy, protocol or procedure detailing this nursing protocol, if such written document exists;
Provide a detailed description of the date, manner and method (Hospital)_____________ made nurses aware of this protocol;
Provide a description of how (Hospital)_____________ trains nurses to respond according to this protocol, including dates and providers of such training.
Please identify the nursing staffing ratio for the (Unit)_____________ each day at (Hospital)__________ during the period (Dates)_____________.
Please provide the full names, titles and hours worked of all technicians and radiologists on duty and employed by (Hospital)_____________ who worked on (Date)_____________.
Please identify the full names and titles of every person who was present in the hospital room of (Patient)_____________ on (Date)_____________ during the resuscitation of (Patient)_____________.
Please identify the full name, title and hours worked of all licensed personnel on duty and employed by (Hospital)_____________ in the emergency room who worked on (Date)_____________ and who were competent to read electrocardiogram strips.
Please identify the brand, model and serial number of all cardiac defibrillators located in the (Unit)_____________ on (Date)_____________ at (Hospital)_____________.
Please identify the brand, model and serial number of all ultrasound machines owned, leased or rented by (Hospital)_____________ on (Date)_____________.
Interrogatories to Individual Healthcare Providers
Please provide the names and dates of all colleges you attended and the degrees attained at each.
Please provide the full name and dates of your (Specialty)_____________ residency and the names of your supervisors.
Please list the names, providers and dates of all educational programs and continuing education classes you have attended pertinent to your professional responsibilities during the last two years.
Please list all licenses and certifications you hold or have held in the past.
Please provide the names and dates of all institutional committees you have served on in the past five years.
Please state the names of all individuals with whom you have mutual business interests and list those business interests.
Please state the names and dates of your involvement in any professional associations.
Please provide a list of all books and journal articles, regardless of subject matter, you have published.
Please provide the URL of your website.
Please list any public or interdepartmental complaints filed against you either formally or informally.
Please list any current or past disciplinary actions taken against you.
Have you engaged in any work or professional activities outside (Hospital)_____________? If so, please identify the nature, organization and dates of these activities.
Interrogatories to Individual Healthcare Providers in Obstetrical Cases
Please identify the brand, model and serial number of all fetal monitors equipped with both an internal FECG and external USB port either leased, owned or rented by (Hospital)_____________ on (Date)_____________.
Please identify the brand, model and serial number of all acoustic stimulators either leased, owned or rented by (Hospital)_____________ on (Date)_____________.
Please state what, if anything, each person present in the delivery room did in connection with the labor and delivery of (Patient)_____________.
Please state the brand, model and serial number of forceps used in the delivery of (Patient)_____________ and describe the use of such forceps in this delivery.
Interrogatories to Individual Healthcare Providers in Nursing Home Cases
Please identify the ownership and licensee of (Facility)_____________ during the period (Patient)_____________ was a resident at (Facility)_____________.
Please indicate the license and accreditation status of (Facility)_____________ during the period (Patient)_____________ was a resident at (Facility)_________.
Please identify the medical director, director of nursing and quality improvement specialist at (Facility)_____________ during the period (Patient)_____________ was a resident at (Facility)_____________.
Please identify the acuity program used to allocate staff responsible for care and treatment of residents of (Facility)_____________ during the period (Patient)_____________ was a resident at (Facility)_____________.
Please identify all staff and employees involved in the care and treatment of (Patient)_____________ while a resident at (Facility)_____________.
Suzanne E. Arragg, BSN, RN, CDONA/LTC, CLNC, a CLNC® Mentor, is the owner of SEA and Associates Medical Legal Consulting, Inc. in California, specializing in long term care cases.
Linda Bandy, RN, MSN, CSPI, CLNC has more than 20 years of nursing experience. She served as a poison specialist in two different states for ten years. Linda serves as a patient advocate and has an 8-year-old CLNC® practice.
Dale Barnes, RN, MSN, CLNC has owned Barnes Medical Legal Services in California since 1999 and specializes in medical malpractice, bad faith insurance and general personal injury. Dale is a CLNC® Mentor for Vickie Milazzo Institute.
Susan J. Burnham, RNC, CLNC has owned Burnham and Associates in Washington State since 1996 and specializes in quality of care issues.
Rachel Cartwright, RN, MS, LHRM, CLNC, owner of Medical-Legal Concepts in Florida, specializes in critical care and regulatory compliance. Rachel is a CLNC® Mentor and guest faculty member for Vickie Milazzo Institute.
Nikki Chuml, RNC, CCE, FMC, CLNC is an independent consultant with more than 18 years of OB experience. She works as a consulting expert in a variety of specialties in California.
Nancy Dion, RN, MEM, CPHQ, CHCRM, LNHA, CLNC has more than 35 years of experience as a healthcare professional. She is a Florida-based CLNC® with expertise in clinical services, organizational redesign, quality improvement, risk management and executive team building and management.
Brian Johnson, RN, PhD, CLNC, a CLNC® Mentor and guest faculty member for Vickie Milazzo Institute, specializes in neurological and psychological injury claims. He is also a life care planner and neuropsychologist in private and hospital practice.
Vickie L. Milazzo, RN, MSN, JD is the founder and president of Vickie Milazzo Institute. She is credited by The New York Times with creating the legal nurse consulting profession in 1982. Inc. named her to the 2004 Top Ten Entrepreneurs list. She is the recipient of the Nursing Excellence Award for Advancing the Profession and the Stevie Award (business's Oscar®) as Mentor of the Year. Vickie has revolutionized the careers of thousands of RNs.
Copyright 1999-2005 Vickie Milazzo Institute, a division of Medical-Legal Consulting Institute, Inc. All rights Reserved. ISSN: 1533-9564
