-7 L>

THE STATE of OHIO,
: SS:
COUNTY of CUYAHOGA:



IN THE COURT OF COMMON PLEAS



MICHELLE S RUTHERFORD, et al,
 plaintiffs,

VS Case No-198757

KAISER FOUNDATION HOSPITALS,
et al,
 defendants




Deposition of WAYNE K_KAWALEKL J@QL, a
-------- ------- - L

witness herein, called by the defendants for the

purpose of cross-examination, pursuant to the Ohio

Rules of Civil Procedure, taken before

Lynn A Regovich, a Registered Professional Reporter,

a Notary Public within and for the State of Ohio, at

the offices of Weisman, Goldberg & Weisman,

1600 Midland Building, Cleveland, Ohio, on Monday, the

16th day of March, 1992, commencing at 9:20 am,

pursuant to agreement



FLOWERS & VERSAGI
COURT REPORTERS
Computerized Transcription
Computerized Litigation Support
THE 113 ST  CLAIR BUILDING - SUITE 420
CLEVELAND, OHIO 44114-1273
(216) 771-8018
1-800-837-DEPO

2

2
3 ON-BEHALE-QE-TH9-Eb8INTIEE*:
4
5 R Eric Kennedy, Esq,
6 Weisman, Goldberg & Weisman
7 1600 Midland Building
8 Cleveland, Ohio 44115
9
10 - - - - -
11
12 gN-L39ULNIPE-QE-TUB-L)BEBLiL)6NT-S:
13
14 Leslie J Spisak, Esq,
15 Reminger & Reminger
16 The 113 St Clair Building
17 Cleveland, Ohio 44114-1273
is
19 - - - - -
2 0
21
2 2
2 3
2 4
25

FLOWERS VERSAGI COURT REPORTERS (216) 771-8018
3

i-N-9-9 X
2
3 WITNESS: WAYNE-X-RAWALEK,-MD
4
5 Page
6
7 Cross-examination by Mr Spisak 4
8
9 - - - - -
10
11 (NO EXHIBITS MARKED)
12
13 - - - - -
14
15 (NO OBJECTIONS)
16
17 - - - - -
18
19
20
21
22
23
24
25

FLOWERS & VERSAGI COURT REPORTERS (216) 771-8018
4

1 WAYNE_K-KAWALEKL 4@Q
----- -- ------- - L -
2 of lawful age, a witness herein, called for
3 cross-examination by the defendants, as provided by
4 the Ohio Rules of Civil Procedure, being by me
5 first duly sworn, as hereinafter certified, was
6 examined and testified as follows:
7 - - - - -
8 MR SPISAK: Good morning,
9 Doctor  I'm Les Spisak  We met just a minute ago and
10 we're here today because you have been identified as
11 an expert who is going to testify on behalf of the
12 plaintiff in this case So the whole point of today
13 is to talk about what opinions you have so I have a
14 full understanding of those prior to trial, okay?
15 THE WITNESS: Yes
16 - - - - -
17 CROSS7BHNNN6T1QN
18 BY-MR-SPISAK:
19 Q Start please by giving us your full name
20 A Wayne Kawalek, K-a-w-a-l-e-k, MD
21 Q What is your business address, Doctor?
22 A I'm at Parma Hospital, but do you want our
23 office address?
24 Q Maybe you better explain that You're an
2 5 emergency physician at Parma Hospital?

FLOWERS & VERSAGI COURT REPORTERS (216) 771-8018
5

1 A That's correct
2 Q When you say your business address, what does
3 that mean?
4 A I'm an employee of a corporation that contracts
5 to Parma Hospital
6 Q All right
7 A But our business office is on Detroit Road in
8 Lakewood
9 Q What is the corporation that contracts to
10 Parma Hospital?
11 A Community Emergency Physicians, Incorporated
12 Q Who are the members of that corporation, the
13 principals, let me say?
14 A I'm one of the principals We're all partners
15 in the corporation
16 Q How many are there?
17 A There's seven partners and a couple of part
18 timers
19 Q Do you contract to hospitals other than Parma?
2 0 A No, sir  That's our only facility
21 Q There are seven of you that service the Parma
22 facility?
23 A That's correct
24 MR SPISAK: I never did see a
25 CV, Eric  Do you have one or have you --

FLOWERS & VERSAGI COURT REPORTERS (216) 771-8018
6

1 MR KENNEDY: I don't think so
2 Q Then let me just take a minute or two
3 MR KENNEDY: Sorry Do you
4 have one?
5 Q You do have one? Okay I'll take a minute to
6 look at this and maybe make a copy
7 THE WITNESS: I maybe have one
8 on file somewhere
9 Q If I can get a copy of that before you leave,
10 that'll save us some time
11 Your present practice, Doctor, is as
12 an emergency physician at Parma Community Hospital?
13 A That's correct
14 Q How much do you devote of your professional
is time --
16 A 100 percent
17 Q -- to that?
18 A Clinical time
19 Q Do you cievote any other professional time to any
20 other type of activity?
21 A I review charts for the DRG program of Blue
22 Cross and Blue Shield of Ohio
23 Q How much time ao you spend with that?
2 4 A Ten to 20 hours a month
25 Q Any other professional activities?

FLOWERS & VERSAGI COURT REPORTERS (216) 771-8018
7

1 A No, sir
2 Q Do you recall wnen you were first contacted
3 regarding this case?
4 A I believe it was in the Fall of 1991
5 Q By whom were you contacted?
6 A Paul Kaufman
7 Q For what purpose?
8 A To review the chart and the occurrences about
9 the case
10