1 IN THE COMMON PLEAS COURT OF WASHINGTON• COUNTY, OHIO
	2	SAMUEL D. KIGGANS, ADM.,	)
	3	Plaintiff,
	)
	4	—vs— 			)Case No. 95 PT 000112
	5	THOMAS TARNAY,	, ET	,	)

6	Defendants.

7	DEPOSITION OF MARK ECKHAUSER, M.D., produced,
		sworn and examined pursuant to Notice between the parties
	8	herein, on the 18th of June, 1996 at the hour of 11:47
		a.m., in the morning of that day, at the medical offices
	9	locatedat 1005 Bellefontaine Avenue,Suite 100, in the City
		of Lima, County of Allen and State of Ohio, before
	10
		                LISA WESTRICK, RPR
	11
		a Notary Public in and for the State of Ohio, being duly
	12	commissioned therein. Taken on behalf of the Defendants.
	13	APPEARANCES
	14	For the Plaintiff:	Mr. Stephen B. Yurik
			Lane, Alton & Horst
	15		175 South Third Street
			Columbus, Ohio 43215—5100
16
		For the Defendants:	Mr. James A. Marx
	17		Traci & Marx
			55 Public Square, Suite 1550
	18		Cleveland, Ohio 44113






I
	23	WESTRICK REPORTING
Professional Court Reporters
	24	P.O. Box 1005
	Lima, Ohio 45802
	25 Lisa K. Westrick, RPR	(419) 538—6347



copy

1
	2	STIPULATIONS

3

4	IT IS HEREBY STIPULATED AND AGREED by and between

5 counsel for the respective parties hereto that the

6 deposition of MARK ECKHAUSER, M.D., is being taken by

7 Notice and that Notice to take deposition was served.

8	IT IS FURTHER STIPULATED AND AGREED by and between

9 counsel for the respective partIes hereto that the

10 deposition of MARX ECKHAUSER, M.D., is being taken by the

11 Notary Public, Lisa Westrick, by stenographic means; that

12 the parties agree that any requirement as to Rule 5(D) with

13 respect to proof of service and copy of deposition by oral

14 examination upon other parties is waived; that the witness

15 will read the prepared transcript of this deposition, and

16 upon approval will affix his signature to the prepared

17 transcription.

18	IT IS HEREBY FURTHER STIPULATED AND AGREED that the

19 official capacity, character and qualifications of the

20 notary are waived.
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2
	3	INDEX

4
	5	WITNESS:
	6	    MARK ECKHAUSER, M.D.
	7		Page
	8
	9	Examination by Mr. Yurik	3
	10	Examination by Mr. Marx	52
	11	Re-Examination by Mr. Yurik	53
	12
	13

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(11:47 a.m.)
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MARK ECKHAUSER, M.D.,

WHO, BEING FIRST DULY SWORN HEREIN, AND RESPONDING "I DO",
TESTIFIED AS FOLLOWS:

EXAMINATION BY MR. YURIK..

Q.	Dr. Eckhauser, my name is Steve Yurik and I am
representing Dr. Thomas Tarnay in this case. And
the purpose of the deposition is for me to discover
all of the opinions that you have about Dr.
Tarnay's care with regard to Mrs. Kiggans. And if
you have any trouble understanding a question,
please let me know and I can rephrase it or ask
another question that is more understandable. When
you do respond to a question, please make all
responses audible, by that I mean the nods of the
head can't be taken down by the court reporter, and
if you do that I will just remind you by pointing
in her direction that you need to say yes or no.
So why don't we get started just by going through
your background a little bit. You have presented
me with a C.V. just now, which I haven't gone
through, but let me ask you, when was the last time
you updated your C.V ?

About two and a half years ago.
Okay. I will go over some things that are probably
A.

Q.

	4
	1		in this C.V., but I think it may take me longer to
	2		try to go through it and understand it then it will
	3		be to just ask the questions. Can you tell me
	4		about your education beginning with undergraduate
	5		school; where did you go to undergraduate school?
	6	A.	I went to Miami of Ohio, had a B.A. in Zoology and
	7		graduated in 1972.
	8	Q.	Okay. And after graduation then, did you go
	9		directly to medical school?
	10	A.	No, I worked for six months as an orderly up in
	11		Cleveland at St John's Hospital, then for another
	12		six months at the Clevelaand Clinic as a medical
	13		technologist in their blood bank, and then started
	14		medical school in August of '73.
	15	Q.	Where did you attend medical school?
	16	A.	That was at the State University of New York at
	17		Downstate Medical Center in Brooklyn.



What year did you finish there?
	20	Q.	You went directly then into a surgical internship,
	21		I see, at the University Hospitals of Cleveland?
	22	A.	That's correct.
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	23	Q.	And how did you decide on surgery as the specialty
	24		you wanted to pursue?
	25	A.	Well, I enjoyed anatomy when I was in medical

	1		school, and I am kind of a do—er as opposed to
	2		thinking all of the time áhd not being able to do
	3		something.
	4	Q.	Right.
	5	A.	So I just decided to go into surgery. And actually
	6		that was a combined surgical residency, how I had
	7		been accepted into Case, which was in gener