('0 Esoz


State of Ohio, n
) SS:
2 County of Lorain. )

3 - - -

4 IN THE COURT OF COMMON PLEAS

5 - - -

6 SANDRA F. KIRSCHNER,
et al.,
7

Plaintiffs,
8

VS. Case No. 89277-82
9

THE ELYRIA MEMORIAL HOSPITAL
10 COMPANY, et al.,

11 Defendants.

12 - - -

13 DEPOSITION OF DR.  HAROLD L. REKATE

14 Monday, February 20, 1984

15 - - -

16 The deposition of Dr. Harold L. Rekate, a witness

17 called for examination by the Plaintiff under the

18 Ohio Rules of Civil Procedure, taken before me, the

19 undersigned, Ralph L. Hodge, Registered Professional

20 Reporter and Notary Public in and for the State of

21 Ohio, pursuant to notice and stipulations of counsel

22 hereinafter set forth, at University Hospitals, Cleve-

23 land, Ohio, commencing at 4:20 o'clock p.m., the day

24 and date above set forth.

25



Morse, (3antverg & Hodge
Registered Professional Reporters
750 Leader Building, Cleveland, Ohio 44114

2


1 APPEARANCES:

2 On behalf of the Plaintiff:

3 R. Eric Kennedy, Esq.
Weisman, Goldberg & Weisman
4 540 Leader Building
Cleveland, Ohio 44114
5

On behalf of Defendant Elyria
6 Memorial Hospital company:

7 Steven W. Albert, Esq.
Kitchen, Messner & Deery
8 1305 Superior Building
Cleveland, Ohio 44114
9

On behalf of Defendant Elyria
10 Emergency medical services, Inc.:

11 J.C. William Tattersall, Esq.
Ashenbach, Tattersall, Gallagher
12 & Glavas
504 Lorain County Bank Building
13 Elyria, Ohio 44035

14 - - -


15 STIPULATIONS

16 It was stipulated by and between counsel

17 for the respective parties, and with the consent


18 of the witness, that the reading and signing of


19 the transcript of his deposition by the witness


20 is expressly waived, and further, that the filing


21 of the deposition transcript and the video tape


22 recording is expressly waived.


23

24

25

 3
I MR. KENNEDY: Before we go on the
2 record with the video, let the record reflect
3 this is the case of Sandra Kirschner versus
4 Elyria Memorial Hospital Company, et al.
5 Counsel, for the record, can we have a
6 waiver as to the notice of the taking of this
7 deposition?
8 MR. ALBERT: Yes.
9 MR. TATTERSALL: Yes.
10 MR. KENNEDY: And can we also have a
11 waiver as to the filing of the deposition tran-
12 script and the filing of the video tape?
13 MR. ALBERT: Yes.
14 MR. TATTERSALL: Yes.
15 MR. KENNEDY: And can we also waive
16 any technical requirements in the taking of a videD
17 tape deposition, because of the presence of a
18 court reporter?
19 MR. TATTERASALL: I would think so.
20 MR. ALBERT: Yes, we have agreed to
21 that and you have &greed to that with respect
22 to Dr. Shafron.@s deposition, and I think the
23 record should reflect both sides have been most
24 accommodating to each other in that regard.
25
4



1 HAROLD L. REKATE, M.D.


2 a witness called for examination by the Plaintiffs


3 under the Rules, was by me first duly sworn, as here-


4 inafter certified, and deposed and said as follows:


5 DIRECT EXAMINATION


6 BY MR. KENNEDY:


7 Q. Doctor, my name is Eric Kennedy. I represent


8 Sandra Kirschner in the lawsuit of Sandra Kirschner


9 versus Elyria memorial Hospital and the emergency room


10 group that runs the emergency room at Elyria Memorial


11 Hospital.


12 1 am going to ask you a series of questions about



13 this particular case, your review of the matter, and



14 your opinions.



15 Starting, first, could you state your name and



16 professional address?



17 A. Harold L. Rekate, M.D. University Neurosurgeonst



18 University Hospitals, 2074 Abington Road, Cleveland,


Ohio 44106.
19


20 QL Doctor, what is your profession?



21 L I am a neurosurgeon.



22 QL And neurosurgery, is that a specialty within the


field of medicine?
23


24 A. It is, it is a surgical specialty.


I operate on-the-brain, the spine, the spinal
25

5

1 cord, and peripheral nerves.

2 OL Now, Doctor, before we talk about your education

3 and training, I want to ask you about your involvement

4 with this case and your experience as an expert witness.

5 First, Doctor, have you reviewed various records

6 at my request that deal with the care and treatment of

7 Sandra Kirschner at Elyria Memorial Hospital on April

8 26, 1981?

9 A. Yes, I have.

10 Q. And have you reached various opinions with

11 respect to the care and treatment she received?

12 Yes, I have.

13 Q, Doctor, other than this case, have you ever

14 reviewed or testified on the side of a patient in a

15 malpractice case?

16 A. The only times I have testified on the side of a

17 patient is when that patient was my patient.

18 a okay. in a medical malpractice case?

JL Malpractice case.
19
Q. Have you ever reviewed or testified on the side of
20
a doctor who has been sued for medical malpractice?
21
Several occasions I have reviewed for doctors.
22
Can you.explain to us, Doctor, how it is that you
23
have become involved as a witness in behalf of Sandra
24
Kirschner?
25

6
1 A.