V@o I 0



The State of Ohio,
SS:
County of Cuyahoga


IN THE COURT OF COMMON PLEAS


FERN J HAYES,

Plaintiff,
Case Number 229605
Vs Judge Daniel Gaul

KAISER FOUNDATION, ET AL,

Defendants


DEPOSITION OF JEFFREY REED RUBIN, MD
Tuesday, July 13, 1993


Deposition of JEFFREY REED RUBIN, MD, called by the

Plaintiff for examination under the Ohio Rules of Civil

Procedure, taken before me, the undersigned, Janice M

Wicinski, a Notary Public in and for the State of Ohio, at

Southside Medical Center, 345 Oak Hill Avenue, Youngstown,

Ohio, commencing at 2:25 pm, on the day and date above set

forth



CORSILLO GRANDILLO
COURT REPORTERS
950 Citizens Building
Cleveland, Ohio 44114
216-523-1700

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APPEARANCES:

On Behalf of the Plaintiff:

R Eric Kennedy, Esquire
Jeffrey D Haines, Esquire
Weisman, Goldberg & Weisman
1600 Midland Building
Cleveland, Ohio 44115

On Behalf of the Defendant Kaiser Foundation Health
Plan of Ohio, dba Kaiser Permanente:

Gary H Goldwasser, Esquire
Reminger & Reminger, Co, LPA
7th Floor - The 113 St Clair Building
Cleveland, Ohio 44114

On Behalf of the Defendant Dr Montlack:

Joseph Tira, Esquire
Quandt, Giffels a Buck Co, LPA
800 Leader Building
Cleveland, Ohio 44114-1460

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1 JEFFREY REED RUBIN, MD

2 called by the Plaintiff for examination under the Ohio Rules

3 of Civil Procedure, after having been first duly sworn, as

4 hereinafter certified, was examined and testified as follows:

5 - - - - -

6  EXAMINATION

7 - - - - -

a BY MR KENNEDY:

9 Q All right Doctor, we need for you to state your full

10 name and your professional address

11 A Jeffrey Reed Rubin, MD, 345 Oak Hill Avenue,

12 Youngstown, Ohio

13 Q And how long have you been practicing here at Oak Hill

14 Avenue?

15 A Approximately two months

16 0 And you're affiliated with what hospital?

17 A Western Reserve Care Systems

18 Q And which involves how many different hospitals?

19 A Northside Hospital, Southside Hospital, Tod Children's

20 Hospital

21 Q What in your position?

22 A Chairman of the department of surgery

23 Q And can you tell me what you reviewed in preparation

24 for your report that you wrote for Mr Tira?

25 A For the report, I believe I reviewed all of the



Computer-Aided Transcription By
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1 hospital records from Kaiser, Dr Montlack's records and

2 summaries I believe that's all I've reviewed for the

3 initial letter

4 MR GOLDWASSER: You say from Kaiser,

5 you're talking about St Luke's Hospital?

6 THE WITNESS: Kaiser emergency room and

7 St Luke's Hospital

8 Did you review the St Luke's Hospital chart before

9 your report?

10 A Yes

11 0 You said summaries What summaries were those?

12 A That's how it's titled on this, Dr Montlack's records

13 and summary

14 MR KENNEDY: If I could take a look at

15 that, Joe Do you have a problem? I want to

16 see what we're calling summary

17 MR GOLDWASSER: Did you provide him

18 with a summary, Joe?

19 MR TIRA: No

20 Q Did you review the deposition of Dr Montlack?

21 A At a later time, I believe

22 Q That was not before your report, but after your report?

23 A Correct

24 Q When did you review that?

25 A Let's see I've got all the letters here, it's just a



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1 matter of sorting out which one came with what

2 MR TIRA: I believe you had the depo

3 MR GOLDWASSER: He had to, he made a

4 comment about it in the report

5 MR TIRA: You had the deposition before

6 the report

7 In preparation for your deposition today, what have you

8 reviewed?

9 A All of the depositions that were sent to me, except the

10 deposition of Frederick Suppes, which was just delivered a

11 few minutes ago, along with the charts

12 Q What charts, the charts that you already reviewed?

13 A Yes

14 0 Have you reviewed the expert report of any other

15 doctors in the case?

16 A I saw a letter from Dr Joseph Durham, a letter from

17 Dr Howard Able, a letter from Dr Douglas Rund  I mentioned

18 already the deposition of Montlack  Deposition of Fern

19 Hayes, deposition of Edward May, deposition of Howard Able

20 And that's it

21 Q With this additional information that you have reviewed

22 since the time of your report dated March 16 of 193, has this

23 review of additional information caused you to change or

24 alter any of your opizions?

25 A No



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1 Q Let's start with a discussion about record keeping

2 How would you characterize the record keeping in this c