P 1st RFP to Corp Owner / The Steele Law FirmP 1st RFP to Corp Owner

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI

AT KANSAS CITY

 

PLAINTIFF’S FIRST REQUEST FOR PRODUCTION OF

DOCUMENTS TO DEFENDANT CORPORATE OWNER

 

COMES NOW, Plaintiff by and through her attorney of record and requests Defendant Corporate Owner (“Defendant”) to produce the following documents pursuant to the Missouri Rules of Civil Procedure:

  1. A complete copy of any and all policies of insurance (not merely the declarations page) under which any insurance business may be liable to satisfy, in whole or in part, any judgments entered against Defendant.
  2. Each written, recorded, or summarized statement in Defendant’s possession or control made or reportedly made by any agent, employee or representative of The Facility concerning Plaintiff, or any representative or person acting or purporting to act on behalf of Plaintiff concerning the acts and occurrences complained of in Plaintiff’s Petition.
  3. Each written, recorded, or summarized statement in Defendant’s possession or control made or reportedly made by Plaintiff or any representative or person acting or purporting to act on behalf of Plaintiff.
  4. A complete copy of all written complaints, grievances or investigations, including responses to all written complaints, grievances or investigations in Defendant’s possession or control regarding the care, treatment and/or condition of Plaintiff which were filed with Defendant and/or The Facility at any time during her residency.
  5. All documents, statements, electronic messages (e-mails), interviews, reports, or stenographic, mechanical, electrical, audio, video, motion picture, photograph or other recording, or transcription thereof, in Defendant’s possession or control regarding Plaintiff.
  6. All documents, statements, electronic messages (e-mails), interviews, reports, or stenographic, mechanical, electrical, audio, video, motion picture, photograph or other recording, or transcription thereof, in Defendant’s possession or control regarding the number of staff or budgeting for staff at The Facility during 2012 and 2013.
  7. All documents, statements, electronic messages (e-mails), interviews, reports, or stenographic, mechanical, electrical, audio, video, motion picture, photograph or other recording, or transcription thereof, in Defendant’s possession or control regarding training or in-service regarding fall prevention for staff at The Facility during 2012 and 2013.
  8. All written or recorded communications in Defendant’s possession or control between Plaintiff, Plaintiff’s agents, or Plaintiff’s family and/or agents and the Defendant or any of their agents or employees.
  9. All written reports of incidents, complaints, accidents or injuries in Defendant’s possession or control involving Plaintiff while she was a resident of The Facility.
  10. All written reports in Defendant’s possession or control concerning or involving Plaintiff made by Defendant pursuant to RSMo. § 198.070.
  11. Provide a blank exemplar (if one is in Defendant’s possession or control) of all written reports of incidents, complaints, accidents or injuries utilized by The Facility in 2013.
  12. A copy of any photographs, slides, negatives, videotapes, or other graphic depictions in Defendant’s possession or control which pertain to Plaintiff and/or to the allegations of the Complaint.
  13. Any and all records, memoranda, calendars, phone logs, medication logs, communication logs, charts and files in Defendant’s possession or control reflecting the care and treatment rendered to Plaintiff by The Facility and/or any agent, servant, employee, representative of The Facility including, but not limited to, medical records, nursing notes, CNA records, Intake and Output records, feeding records, shower sheets, ADL records, Social Services notes, lab reports, x-rays, prescription records and third-party records.
  14. Any and all records or documentation of any kind in Defendant’s possession or control kept outside the official “medical record” of Defendant The Facility, including but not limited, to CNA charting and/or documentation, CNA Profile Sheets, and medication/pharmacy logs, pertaining to Plaintiff.
  15. All medical records and documents in the possession and/or control of Defendant, from any healthcare provider, which refer or relate to any medical treatment or care provided to Plaintiff.
  16. All correspondence including, but not limited to, electronic mail and faxes by and between any agents, employees, officers, directors, or managing agents or any other representatives of Defendant, concerning the care, treatment or medical condition of Plaintiff.
  17. All correspondence including, but not limited to, electronic mail and faxes by and between Defendant and any third-party provider, including but not limited to hospital and emergency providers, concerning the care, treatment or medical condition of Plaintiff.
  18. All Statements of Deficiencies for The Facility and any and all documents reflecting or containing any Plan of Correction or other response to all Statements of Deficiencies from January 1, 2012 to December 31, 2013.
  19. Documentation of all time records and time clock records in Defendant’s possession or control that show the actual hours worked by each The Facility employee responsible for the care and treatment of Plaintiff during the entirety of his residency at The Facility.
  20. All itemized billings in Defendant’s possession or control setting forth in detail the specific charges made by The Facility in connection with the medical care and treatment provided to Plaintiff.
  21. All admission contracts or other agreements in Defendant’s possession or control concerning Plaintiff.
  22. All applications for residency in Defendant’s possession or control concerning Plaintiff.
  23. All brochures, advertising pamphlets and/or other promotional documents in Defendant’s possession or control used, in whole or in part, for advertising the services of The Facility from January 1, 2013 through December 31, 2013.
  24. Any and all charts, diagrams, maps of the facility and/or floor plans, in Defendant’s possession or control including but not limited to the evacuation map of the facility for the year 2013.
  25. All The Facility Newsletters in Defendant’s possession or control from for the years 2011 and 2013.
  26. Copies of all contracts and agreements by and between Defendant and The Facility.
  27. Any and all records and documents in Defendant’s possession or control relating to all in-service education sessions (whether online or in person) for The Facility concerning the subject matters of Plaintiff’s Petition, including, but not limited to, all handouts, educational materials (online and hard copy) and attendance rosters during the time period from one month before Ms. Routon’s admission to one month after Ms. Routon’s discharge at The Facility.
  28. All documents and handouts in Defendant’s possession or control provided to The Facility’s RN, LPN, CNA, MDS Coordinators, CMT, charge nurse, and nursing personnel who are responsible for chart checks and monthly Physician’s Order Sheets, for the development and improvement of skills appropriate for their job function during the time period from one month before Plaintiff’s admission to one month after Plaintiff’s discharge at The Facility.
  29. All orientation materials in Defendant’s possession or control (including The Facility employee handbook regarding The Facility employment practices, policies and procedures) provided to new employees of The Facility.
  30. All emails, letters, and documents relating to any employee, agent, or representative of Defendant concerning Plaintiff.
  31. All documents in the possession or control of Defendant which mention or relate to Plaintiff.
  32. All Organizational Charts showing the internal configuration of Defendant’s organizations during 2013.
  33. A copy of all reports, letters, memos, investigation reports, summaries or other writings prepared by any expert expected to testify at the trial of this case having as its subject matter, in whole or in part, Plaintiff or any aspect of the alleged occurrences.
  34. A copy of the curriculum vitae of each individual who Defendant intends to use as a retained or non-retained expert witness in the trial of this case.
  35. All letters, correspondence or other documents sent to Defendant’s expert witness(es) by Defendant or any agent of Defendant, including Defendant’s attorneys, as well as any third-party who has provided information to Defendant’s expert(s) regarding this case.
  36. Copies of any and all documents which may be relied upon by any expert witness(es) upon whose testimony you may rely upon at the trial of this cause, and if said expert witness(es) will rely upon any other information of any kind or type whatsoever upon which to base his or her opinions, that the source of said information be identified and the substance of the information be supplied in writing.
  37. All documents identified, referred to or utilized in preparation of your response to Plaintiff’s Interrogatories to Defendant.
  38. Copies of all reports and correspondence obtained from anyone known to Defendant or, Defendant’s agents and employees, with knowledge concerning the facts of this case, including without limitation, any expert witnesses (other than attorney-client communications).
  39. Copies of all performance reviews, basic orientation information and materials, experience and education information, including statements evidencing competency, background checks, Resident’s Rights instructions, fall prevention, complaints, evaluations, write-ups, terminations, discipline, training, and/or resignations of any agent, servant, employee or representative of The Facility who provided any type of care, treatment and oversight to Plaintiff.
  40. The daily posting of staffing ratios at The Facility for all dates from 8/1/13 to 11/30/13.
  41. A copy of any and all contracts and/or agreements between the Administrator of The Facility and Defendant.
  42. A copy of any and all contracts and/or agreements between the Medical Director of The Facility and Defendant.
  43. A copy of any and all contracts and/or agreements between the Director of Nursing of The Facility and Defendant.
  44. A copy of the job description in Defendant’s possession or control for all RNs, LPNs, CMTs, CNAs, NAs, Administrator, Director of Nursing and Medical Director at The Facility who provided care and oversight to Decedent Plaintiff during his residency.

 

 

 

 

 

 

 

 

 

 

Respectfully submitted,

 

The Steele Law Firm

 

/s/ Jonathan Steele

Jonathan Steele MO # 63266
7500 College Blvd. Suite 700
Overland Park, KS 66210
Telephone: 913.608.4133
E-mail: [email protected]

 

 


 

CERTIFICATE OF SERVICE

 

I hereby certify that on this 4th day of September 2015, a copy of this document was electronically served by sending a copy via e-mail, to the following:

 

LOGAN, LOGAN & WATSON, L.C.

Bradley Watson
Scott K. Logan
Christopher H. Logan
David M. Tyrrell
8340 Mission Rd., Ste. 106
Prairie Village, KS 66206
(913) 381-1121
Fax (913) 381-6546
[email protected]
[email protected]
[email protected]
[email protected]

ATTORNEYS FOR DEFENDANT

 

 

/s/ Jonathan Steele

Jonathan T. Steele