COMES NOW Plaintiff and propounds the following interrogatories to Defendant [redacted] (“Defendant”) to be answered separately and fully in writing, under oath, as required by law.

INTERROGATORIES

1. Please state the name, complete business address, job title and capacity of the person answering these interrogatories on behalf of Defendant.

ANSWER:

2. During the time frame of Plaintiff’s residency at [redacted], fully identify, by providing the name, address and telephone number, all corporations, associations, entities or persons who are a part of or had an ownership or financial interest in [redacted], or any company which is or was responsible for operating or managing said

ANSWER:

3. State the full names, addresses, telephone numbers and places of employment of any persons having knowledge of facts relating to Plaintiff’s falls or of any witnesses to the occurrence at issue known to you or obtainable from any communication or document in the possession, custody or control of yourself or your agents.

ANSWER:

4. With respect to each and every expert, retained or non-retained, who may be called as a witness by defendant during the trial of this cause and with respect to each and every expert used for consultation whose work product forms a basis either in whole or in part of the opinions of an expert who may be called at trial, state the following:
   1. The full name, address, and telephone number of each such expert.
   2. The subject matter on which each such expert may testify.
   3. The mental impressions and opinions held by each such expert.
   4. The facts known to each such expert which relate to or form a basis of the mental impressions and opinions held by each such expert.
   5. Identify learned treatises or authoritative publications (medical books; journal articles; texts; references; monographs, authoritative documents, studies, or other publications) which the expert witness referred to, relied upon or uses to support his or her opinions and conclusions relative to the case, or upon which the witness has based or will base his or her testimony presented at trial, by stating the complete title and author of each such learned treatise or authoritative publication.
   6. Please identify all documents and tangible things (including, but not limited to written or electronically recorded or compiled notes, memoranda, correspondence, reports, tests, monographs, drawings, graphics, photographs, videotapes, models, and other compilations of data) relating to, supporting or forming the basis in whole or in part of the mental impressions and opinions held by the expert prepared by or for the expert witness in anticipation of the expert’s trial and deposition testimony in this case.

ANSWER:

5. Identify the members of the nursing staff (nurses, nurse aides, CMTs, CNAs, medication aides or orderlies) who were actually assigned to care for Plaintiff for each day and shift from September 6, 2012 through September 21, 2012 [For your convenience, a form is provided to facilitate your answer].

If you are unable to identify the members of the nursing staff who were actually assigned to care for Plaintiff, state the reason you are unable to answer and provide instead the identity of the nursing staff who worked on the wing, unit, or distinct portion of the nursing home where the said Plaintiff resided, for each day and shift of said patient’s residency.

ANSWER:

                        Names of Nursing Staff (Nurses, Nurse Aides, CMTs, CNAs, Medication Aides or Orderlies) Actually Assigned to Care for Plaintiff

6. State the full name of any nurses, nurse aides, CMTs, CNAs, medication aides and/or orderlies who rendered care to Plaintiff from September 6, 2012 through her final discharge from [redacted] and identify each person who is still employed by Defendant or any subsidiaries, affiliates, or agents of the named defendant.

ANSWER:

7. What was the resident census for [redacted] each day in 2012 while Plaintiff was a resident in said facility on each distinct wing or part in the facility? Please answer this Interrogatory by providing the date and respective census for each wing for that date thereafter.

ANSWER:

8. Identify the name and dates that any of the following described persons performed any work related activity at [redacted] while Plaintiff was a resident.
   • any registered nurse consultant;
   • any registered nurse who was not a regular employee of [redacted], that: (1) performed any quality assurance function at said facility; or, (2) who was responsible for assessing or correcting any problem with patient care at said facility;
   • any nurse who was not a regular employee of [redacted], that: (1) performed any quality assurance function at said facility; or, (2) who was responsible for assessing or correcting any problem with patient care at said facility;
   • any outside consultant or any member of a quality assurance team brought into said nursing home to evaluate the adequacy of patient care, make recommendations regarding patient care or correct any nursing care problem.

ANSWER:

9. Describe fully each notification or communication provided by the staff of [redacted] to Plaintiff’s treating physician or any other physician, physician’s assistant and/or nurse practitioner during Plaintiff’s entire residency at your nursing facility, regarding any change in Plaintiff’s condition or health status, including changes in cognition and ability to understand instructions, changes in ambulatory abilities, as well as problems or change in Plaintiff’s neurological status.

ANSWER:

10. Describe in detail, by date, all preventative measures, care, steps and specific actions taken by Defendant and/or Defendant’s staff to prevent the falls identified in Plaintiff’s Petition involving Plaintiff.

ANSWER:

11. If any investigation into the causes or circumstances of the September 6, 2012 fall, September 19, 2012 fall and September 21, 2012 fall identified in Plaintiff’s Petition has been done by Defendant and/or Defendant’s staff between the time of the incident and the date Defendant was served with Plaintiff’s Petition, please indicate who performed such investigation, describe the nature of such investigation including a summary of any factual observations, witness statements, and identify any documents in your possession or constructive possession relating to such investigations. If you contend that you were in reasonable anticipation of this litigation at any time prior to the date you were served with citation in this cause, please indicate the earliest date on which you were in such reasonable anticipation, stating the grounds for such anticipation and provide a responsive answer for the time period ending with the date of such

ANSWER:

12. Identify all members of the governing body for defendant and/or [redacted] during Plaintiff’s entire residency.

ANSWER:

13. Set forth the names and addresses of all insurance companies which have liability insurance coverage relating to the claim and set forth the number or the numbers of policies involved and the amount or amounts of liability coverage provided in each policy, including excess and secondary carriers.

ANSWER:

14. Identify all documents in your custody or right of control which pertain to the condition, care or treatment of Plaintiff.

          ANSWER:

16. Please identify all individuals, their last known address, occupation and relationship to Defendant, who have, or claim to have, personal knowledge regarding any allegation contained in Plaintiff’s Petition.

            ANSWER:

17. Identify all individuals, their last known address, occupation and relationship to Defendant, who have, or claim to have, personal knowledge regarding this defendant’s care and treatment of Plaintiff.

            ANSWER: 

18. Please identify all organizations and/or regulatory bodies which accredited or licensed Defendant during the calendar year 2011 and 2012, stating for each such organization or regulatory body the date of accreditation or licensure and any limitations or conditions placed on such accreditation or licensure.

            ANSWER:

19. Has Defendant within the last 5 years, been a party to any lawsuit or legal proceeding? Yes (___) No (___). If “Yes,” please state:
    1. The date upon which each suit or proceeding was filed;
    2. The court in which each suit was pending;
    3. The name and address of your attorney;
    4. A brief summary of the facts of the lawsuit or legal proceeding; and
    5. The disposition of each lawsuit or legal proceeding.

            ANSWER:

20. Is Defendant aware of any alterations, additions, subtractions, corrections or changes that have been made to any entry in Plaintiff’s medical record? Yes (___)   No (___). If your answer is “Yes,” please state the following:
21. The specific record(s) to which such alterations, additions, subtractions, corrections or changes were made;
22. The individual that made such alterations, additions, subtractions, corrections or changes;
23. The date on which such alterations, additions, subtractions, corrections or changes were made; and
24. The reason for such alterations, additions, subtractions, corrections or changes.

            ANSWER:

22. Regarding the care and treatment of Plaintiff, describe in detail each act or omission on the part of any other individuals, entities and/or parties you content constituted a breach of the standard of care. Identify in your response all documents which support your claim.

ANSWER:

23. Pursuant to K.S.A. 60-226, please provide the name and address of each person whom you expect to call as an expert witness at trial, state the subject matter about which the expert is expected to testify, and state the substance of the facts and opinions as to which the expert is expected to testify along with ta summary of the grounds for each opinion.

ANSWER:

24. State the full name of any all nurses or other staff members, who to Defendant’s knowledge witnessed or claimed to have witnessed Plaintiff’s September 6, 2012 fall, September 19, 2012 and September 21, 2012 fall identified in Plaintiff’s Petition and identify each person who is still employed by Defendant or with any of the named defendants or any subsidiaries, affiliates, or agents of the named defendant.

ANSWER:

25. State the full name of any all nurses or other staff members, who were responsible for monitoring and/or assessing Plaintiff’s at any time from September 6, 2012 through the time of her discharge from [redacted] and identify each person who is still employed by Defendant or any subsidiaries, affiliates, or agents of the named defendant.

ANSWER:

26. State the full name of any all nurses or other staff members, who were responsible for creating and/or updating Plaintiff’s care plan in 2012 and identify each person who is still employed by Defendant or any subsidiaries, affiliates, or agents of the named defendant.

ANSWER:

27. State the full name of any all nurses or other staff members, who were responsible for supervising and/or training Defendant’s staff about resident care planning, fall prevention, fall risk assessment, and physician notification requirements, and identify each person who is still employed by Defendant or any subsidiaries, affiliates, or agents of the named defendant.

ANSWER: