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HomeMy WebLinkAbout97-01313 \~, ~ ~; \"'-.., \)---i LINDA LONGO 442 N, Geyers Church Road Middletown, PA 17057 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA -. v, NO. q-;- (l-L~~, /J/3 NAB H, PARK 1000 N, Front Street Wormleysburg, PA 17043-1035 CIVIL ACTION--LAW NOTICE YOU HAVE BEEN SUED IN COURT, If you wish 10 defend against the claims set fonh in the following pages, )'011 must take action within Iwenty (20) days after this Complainl and Nolice are served. by entering a written appearance personally or by attorney and riling in wriling with the Coun your defenses or objections to the claims set fonh against you, You are warned that if you fail to do so the case may proceed withoul you and a judgment may be entered against you by the Coon without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or propeny or olher rights imponanl to you, YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, COURT ADMINISTRATOR CUMBERLAND CO COURTHOUSE 4th FLOOR 1 COURTHOUSE SQUARE CARLISLE PA 17013 3387 (717) 240 6200 NOTlCIA Le han dcmandado a ustcd en la carte, Si ustcd quiere defenderse de estas demandas expuestas en las paginas siguienles, usted tiene viente (20) dias de plazo al partir de la fccha de la demanda y la nOlificacion, Usted debe prcscnlar una apariencia cscrita 0 en persona 0 por abogado y archivar en la cone en fonna escrila sus defensas 0 SllS objecioncs a !as dcmandas en contra de su persona, Sea avisado que si usted no se defiende. la cone tomara medidas y puede entrar una orden caRlra usted sin previo aviso 0 nOlification y por cualquier queja 0 alivio que es pedido en la peticion de demanda, Ustcd pucde perder dinero 0 sus propiedades 0 otras derechos imponaRles para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDlATAMENTE, SI NO T1ENE ABOGADO 0 SI NO TIENE EL DrNERO SUFlCIENTE DE PAGAR TAL SERVlCIO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFlClNA CUY A DIRECCION SE ENCUENTRA ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL, COURTAD~INI~TRATOROFCUMBERLANDCOUNTY I.JH'I. -'IiIIIm' FLOOR I COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6200 LINDA LONGO 442 N, Geyers Church Road Middletown, PA 17057 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, NAE H. PARK 1000 N, Front Street Wormleysburg, PA 17043-1035 CIVIL ACTlON--LAW COMPLAINT 1. The Plaintiff is an adult resident of pennsylvania residing in at the above address, 2, The Defendant is an adult resident of Pennsylvania licensed to practice of medicine and engaged in the practice of medicine at the address listed above, 3, On or about May 16, 1996, the Plaintiff suffered chronic, severe nosebleeds for which she made an appointment at the Defendant's office for treatment the next day, 4, At that appointment, the Defendant placed packing inside and outside the Plaintiff's left nostril to staunch the bleeding and removed her from work, 5, When that failed, she again returned that same day to the Defendant's office, who applied a second set of packing to the right nostril as well to staunch the bleeding, 6. Because all of this was extremely uncomfortable and very painful, an appointment was made for May 20, 1996 to have the packing removed, 7. At the appointment on May 20, 1996, the Defendant removed all of the right side packing and some of the external, left nostril packing, 8, On May 22, 1996, the Defendant removed the remaining packing from the interior of the left side of the nose, However, he did not check to make sure that all of the packing material had been removed. 9, On May 29, 1996, the Plaintiff returned to the Defendant's office and complained of severe pain, bleeding and spitting up blood clots from drainage from the nose into the throat, which the Defendant said would continue for a while as the blood vessels healed, Nonetheless, the Defendant released the Plaintiff to return to work. 10, On Wednesday, June 5, 1996, the Plaintiff still in great pain, bleeding, spitting up blood clots. and believing she was getting a sinus infection, contacted the Defendant who wanted her to get a CAT scan before further treatment. I ], The claimant continued to suffer severe headaches, bloody drainage, and and eventually had a CAT Scan perfonned at the Osteopathic Hospital in Harrisburg on June 26, 1996. 12, On July 5, 1996, when she met to discuss the results of the CAT Scan, she met with Dr, Clifford Steinig, 13, After examining the patient and her CAT Scan, the Doctor removed a piece of the packing material, which Dr, Park had missed and failed to remove on May 22, 1996, 14, Following the removal of the packing material, the Defendant gained "instantaneous relief from the pain, suffering, and symptoms in her nose and head," COUNT-I 15, The Plaintiff incorporates by reference the allegations of all preceding paragraphs, 16. The Plaintiff's injuries and damages were caused by the carelessness and/or recklessness of the Defendant, including: A, The failure to diagnose andlor detect the true cause of the Plaintiff's symptoms and problem after May 22, 1996. B. The failure to properly perfonn the surgical technique to staunch the bloody nose and to remove packing material. C, The failure to properly examine and test for the cause of the Plaintiff's symptoms, D, The failure to adequately monitor the Plaintiff's condition following May 22, 1996, E, The failure to properly, promptly, and adequately detect, and then relieve the causes of the Plaintiff's symptoms, F, The Defendant's negligence caused andlor increased the risk of causing Plaintiff to suffer the injuries and damages aforesaid, WHEREFORE, the Plaintiff demands judgement against the Defendant in an amount in excess ofS35,OOO, exclusive of interest, costs, and delay damages, RESPECTFULLY SUBMITTED, '~Q . ~ 'Sf! A. Bozarth, Esquire Attorney At Law 120 South Street Harrisburg, P A 1710] 717-232-4227 CLlt=t=ORD N, STl;INIG, D,O,. P,C. 4854 Londonderr4 Rood !-l"rrifburg, Pennf4Iv"ni" 17I0Q (717) 651.7774 (717) 651,8113 j:". (IiFFOT'd N, Steinig, !v.J;r.'~:~ ot"""inol"1'Ijn!lolo!l~ ,,1Ie1'!l~ F"ci,,1 pl".tic 'U,,!!01'lj July 2, 1996 Bruce S. Bashline, D.O. COMMUNITY FAMILY MEDICINE CENTER OF SOUTH POINT 1305 Middletown Road Hummelstown, PA 17036 RE: Linda Longo Dear Bruce: Mrs. Longo was seen in the office on July 1. Apparently she had a rather substantial nosebleed on May 17, 1996, and was seen by Dr. Park. Her nose was packed, and the packing was removed several days later. On June 10 she began noticing some postnasal discharge as well as headache and pressure speoifioally on the left side. She has been treated with Ceftin, Prednisone, Nasarel Nasal Spray, and more recently Bactrim and Prednisone again. She is noticing significant pressure in the sinus area. She is also taking Entex PSE. She had a CAT scan of her sinuses done recently and brought this along, and the sinuses themselves are clear, but there was some clouding in the inferior portion of the nasal chamber on the left side. On the right side, a concha bullosa is noted. Her ears and throat were normal. Intranasally, a piece of packing was noted on the floor of the nose on the left side, and this was removed. Linda has noted instantaneous relief. Her exam is otherwise normal, and she will follow-up with you. Thanks again for allowing me to see Mrs. Longo for you. Very, truly yours, ( I. Ii' Clifford N. Steinig, D.O. f!:,V) 1/:i'J1L CNS/cak . ,'c<~ "':.l.\~ . '" Q ~. ~ 'a.. ,.q .,.. 0\ '~ gl ."91" .'~ . ;~ ' , ,00.. Q'J'I i, . B" ',' ,.t' , !'a, ".~jii , .l f i,t ' . d : B " , . . ~ THOMAS, THOMAS & HAFER BY: James J. DOddoO, Esquire Identlfh:atlon NO. 44878 505 North Front street P.O. BoX 888 Hanisbura,PA 17108 17171:257.7100 Attorney for Defendant: i " ~ Nae H. park IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MOTION OF DEFENDANT, NAE H. PARK, TO COMPEL DISCOVERY RESPONSES OF PLAINTIFF. LINDA LONGO COMES NOW the Defendant, Nae H. Park, by and through his undersigned counsel, James J. Dodd-o, Esquire, of Thomas, Thomas & Hafer, and for his Motion to Compel Discovery Responses of Plaintiff, sets forth as follows: 1. On May 12, 1997, Defendant's counsel forwarded to Plaintiff's counsel Interrogatories. 2. On October 3, 1997, Defendant's counsel forwarded to Plaintiff's counsel a letter noting that the discovery responses were overdue. 3. To date, Plaintiff has failed to answer any of the discovery forwarded to her. 4, Pennsylvania Rule of civil Procedure 4005 permits Interrogatories to be forwarded by any party to any other party. 5. Pennsylvania Rule of Civil Procedure 4006(a) (2) requires a party upon whom Interrogatories have been served to file an answer or objection within 30 days. THOMAS, THOMAS & HAFER BY: James J. Dodd-o, Esquire Identification No. 44676 :505 North Front street P.O. BoX 999 Ha~sbura,PA 17108 171712:57.7100 Attorney fOr Defendant: 'ID Nae H. park IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW LINDA LONGO, NO. 97-1313 CIVIL Plaintiff, v. IN CIVIL ACTION Defendant. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS NAE H. PARK, CERTIFICATE OF SERVICE I hereby verify that I served a true and correct copy of the foregoing Defendant's Motion to Compel Plaintiff's Discovery Responses on the party listed below by United States First Class Mail, postage prepaid, on the 15th day of December, 1997. Shawn A. Bozarth, Esquire 120 South Street Harrisburg, PA 17101 THOMAS, THOMAS & HAFER ,- By: ..' l( 1-1/....) ;' ) /11 JAMES J. DODD-O, ESQUIRE ." J IIEr.lll1997 THOMAS, THOMAS & HAFER BY: James J. Dodd-o, ESquire IdentifIcation No. 44878 !lOS North Front street P.O. Box 888 Ha~sbura,PA 17108 .7171257.7100 Attorney for Defendant: Nae H. Park IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW LINDA LONGO, NO. 97-1313 CIVIL Plaintiff, v. IN CIVIL ACTION NAB H. PARK, JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant. BRIEF IN SUPPORT OF MOTION OF DEFENDANT, NAE H. PARK, TO COMPEL ANSWERS OF PLAINTIFF TO DISCOVERY I. STATEMENT OF FACTS AND PROCEDURAL HISTORY, With respect to the discovery, Defendant's counsel forwarded to Plaintiff's Interrogatories on May 12, 1997. A reminder letter was sent to Plaintiff's counsel requesting responses to the Interrogatories on October 3, 1997. Plaintiff has failed to respond to the discovery requests in the time period required by the Pennsylvania Rules of Civil Procedure. Consequently, a Motion to Compel Answers to Discovery has been forwarded to counsel for Plaintiff. This Brief is offered in support of said Motion. II. OUESTION PRESENTED. WHETHER DEFENDANT IS ENTITLED TO FULL AND COMPLETE RESPONSES TO THE DISCOVERY FORWARDED TO COUNSEL FOR PLAINTIFF? Suggested answer: in the affirmative.