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Records on Appeal




IN THE COURT OF COMMON PLEAS

CUGAHOGA COUNTY


----------------------------------------

BERNARD C PINCHBECK, Individually and as

Administrator of the Estate of

WESTLEY PINCHBECK, et al,


Plaintiffs,


-VS- Case No

1 0 2 7 5 7


JULIO A CASTRO, MD, et al,


Defendants
----------------------------------------






Examination before trial of IAN NATHANSON,


MD, taken pursuant to Rule 26(b)(4) of the Ohio


Rules of Civil Procedure, at Children's Hospital, 140


Hodge Street, Buffalo, New York, on April 12, 1988,


commencing at 3:10 pm, before CAROLE L WASSON,


CM, CP, RPR, Notary Public






jack w hunt and associates, inc
SUITE 1333 - LIBERTY BUILDING, 420-424 MAIN STREET - BUFFALO, NEW YORK 14202 - (716) 853-5600

INDEX TO WITNESSES


Examination by
Mr Kitchen Mr Spisak

Ian Nathanson 2 39
7 4








jack w hunt and associates, inc

2

1 APPEARANCES: WEISMAN, GOLDBERG & WEISMAN,
By R ERIC KENNEDY, ESQ,
2 540 Leader Building,
Cleveland, Ohio 44110,
3 Appearing for the Plaintiffs

4 KITCHEN, MESSNER & DEERY,
By CHARLES W KITCHEN, ESQ,
5 1100 Illuminating Building,
55 Public Square,
6 Cleveland, Ohio 44113,
Appearing for the Defendants,
7 St John's and Westmore Maternal
Health Care Service, Inc,
8 Dr Adhvaryu, Dr Nair

9 REMINGTON & REMINGTON,
By LESLIE J SPISAK, ESQ,
10 113 St Clair Building,
Cleveland, Ohio 44144,
11 Appearing for the Defendants,
Julio A Castro, et al
12

13 (STIPULATIONS: Waive filing and signing of

14 transcript, waive Oath of the Referee, reserve

15 all objections until trial, with exception of

16 objections as to form)

17

18 I A N N A T H A N S 0 N, after being duly called

19 and sworn, testified as follows:

2 0

21 EXAMINATION BY MR KITCHEN:

2 2

23 Q Let the record show my name is Charles Kitchen

jack w hunt and associates, inc

Nathanson - Kitchen - 4/12/88
3
1 representing St John and West Shore Maternal Health
2 Care Service, Inc, which we'll just call the
3 hospital, Dr Adhvaryu, A-D-H-V-A-R-Y-U, MD, and
4 Dr Nair, N-A-I-R, MD, and that we're proceeding
5 with the deposition of the doctor under the
6 provisions of Rule 26 (b)(4) of the Ohio Rules of
7 Civil Procedure, meaning that it's a deposition for
8 the purposes of discovering the doctor's opinions and
9 the facts upon which they are based
10 Doctor, have you had your deposition taken
11 before?
12 A No
13 Q All right So the purpose of this deposition as
14 I've indicated is for me and us to determine your
15 opinions and the facts upon which those opinions are
16 based, and it will proceed with me asking a series of
17 questions and you answer the questions
18 Now, if I ask a question that you don't
19 understand, please say so, so I can rephrase it until
20 you do, so that we can communicate, understood?
21 A I understand
22 Q First of all, we are here in an office in the
23 Children's Hospital in Buffalo, New York, is that
jack w hunt and associates, inc
Nathanson - Kitchen - 4/12/88
4
1 correct?
2 A That's correct
3 Q In a conference room?
4 A Yes
5 Q And you are a medical doctor?
6 A Correct
7 Q And you have rendered a report in the case of
8 Pinchbeck -- we'll just leave it at Pinchbeck for
9 description purposes -- to Mr Eric Kennedy, is that
10 correct?
11 A That's correct
12 Q Now, I notice that the report is on a stationery
13 of Medical Consulting Associates, PC, 257 Highland
14 Avenue, Buffalo, New York What is that company?
15 A Medical Consulting Associates, PC is a
16 corporation that was formed, and it's made up of
17 three academic physicians It is strictly for
18 billing for any consultative services outside of the
19 university
20 The university has a clinical practice plan that
21 requires that its members put all of any funds
22 generated into that practice plan, and that would
23 include any consultative services as well Anything
jack w hunt and associates, inc
Nathanson - Kitchen - 4/12/88
5
1 outside of one's responsibility to the university can
2 be billed under any other arrangement one wants, and
3 this is strictly a billing arrangement, that's all
4 Q So in a sense this is a consultation, legal
5 medical, you have therefore used this letterhead for
6 the purposes of communicating your report, is that
7 correct?
8 A That's correct It is forbidden by the State
9 University of New York to use State University of New
10 York letterhead in anything unrelated to State
11 University of New York matters
12 Q H