118teo








               STATE OF OHIO,
                                       SS:
      a,       COUNTY OF LORAIN.

      LQ                   I@l TliE COUR@ OF CO@IIIONT PI,PAS


               Carolyn r. Patterson,
      (i       Extrx., et al.,

                             Plaintiffs,

                     v s .                          No. 97648

               Elyria !Iemorial ITospital,
               et al.

                             Defendants.





                     Deposition of KURT A. BERTS   'IT INGEP,, 'I.D., a

               witness, taken as if under exa-nination before

               Angelika P. Veres, a Notary Public within and for

               the State of Ohio, at the offices of Simon

               Bertschinger, 35550 Curtis Boulevard, TIilloughby,

               Ohio, at 2:1.0 p.m., Friclay, th@e 7th day of October,

               1988, pursuant to s-.ipulations of counsel, on behalLI

               of the Defendant Elyria rlemorial Ilospital.


                      ROBERT J. RUA & ASSOCIATES
                                    Court Reporters
                   i 150 THE ILLUMINATING BUILDING - CLEVELAND, OHIO 44113
                                      241-5500

                                                                  2


           2   APPEARANCES:

           3
                     Weisman, Goldberg, Weisman & Kaufman, by
           4         Mr. Howard D. Mishkind,

           5                on behalf of the Plaintiffs;

           6
                     Kitchen, Messner & Deery, by
           7         Ms. Janet D. Tomko,

           8                on behalf of the Defendant
                            Elyria Memorial HoSpital;
           9

         10          Reminger & Reminger, by
                     Mr. Frank Aveni,
         11
                            on behalf of the Defendant
         12                 Mental Health Management, Inc.

         13

         14
         15                  S T I P U L A T I 0 N S
         16                 It was stipulated by and between counsel
         17    for Plaintiffs and Defendants that this deposition ma)
         18    be taken in stenotypy by Angelika P. lieres, that said
         19    r-tenotype notes may be subsequently transcribed into
         20    typewriting in the absence of the witness; that the
         21    reading and signing of the deposition by the witness
         22    are waived; and that all requirements of the Ohio
         23    Rules of Civil Procedure with regard to notice of
         24    time and place of taking this deposition are waived.
         25                           - - -
                                                                        3
            1                        KURT A. BERTSCHINGER, M.D., of

            2                  lawful  age,  a  witness  herein,  called

            3                  by the Defendant Elyria Memorial

            4                  Hospital for the purpose of

            5                  examination,  as  provided  by  the  Ohio

            6                  Rules of  Civil  Procedure,  being  by  me

            7                  first duly sworn, as hereinafter

            8                  certified,  deposed  and  said  as  follows:

            9                               - - -

          10                         MS. TOMKO:  My  name  is  Janet  Tomko

          11                   and I represent Elyria Memorial

          12                   Hospital  in  this  case.  You   pronounce

          13                   your name Dr. Bertschinger?

          14                         THE WITNESS:   That's correct.

          15                         MS. TOMKO:  I'll  try  to  do  that.

          16                   This  is a 26(B) deposition, which,

          17                   according to  the  rules,  allows  us  to

          18                   find  out  your  education,  training  and

          19                   background, your opinions in this

          20                   action and the basis of your opinions,

          21                   so that's what  I'm  here  to  do  today.

          22                         I get very inarticulate at times.

          23                   If you don't understand one of my

          24                   questions or if  you  want  me  to  rephrase

          25                   it, please  tell  me  and  I  will.  Usually

                                                                  4
          1                 I know when I'm inarticulate and I will
          2                 rephrase it anyway.
          3                      If you answer a question, I will
          4                 assume you understood the question.
          5                             - - -
          6           EXAMINATION OF KURT A. BERTSCHINGER, M.D.