Transcript of the Testimony of Franchell Richard Hamilton, MD

Transcription

1 Transcript of the Testimony of Franchell Richard Hamilton, MD Date: July 20, 2015 Case: Gamaliel Mejia v. Dufek Massif Hospital Kim Tindall and Associates, LLC Phone: Fax: Internet:

2 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 CAUSE NO. DC GAMALIEL MEJIA, ) IN THE DISTRICT COURT INDIVIDUALLY, AND AS ) REPRESENTATIVE OF THE ) ESTATE OF FRANCES MEJIA; ) FRANK VASQUEZ AND MARY ) JANE VASQUEZ; ) Plaintiffs, ) ) VS. ) DALLAS COUNTY, TEXAS ) DUFEK MASSIF HOSPITAL ) CORPORATION D/B/A ) UNIVERSITY GENERAL ) HOSPITAL DALLAS; JOSEPH A. ) BIANCO, D.O.; JOSEPH A. ) BIANCO, D.O., P.A., ) FRANCHELL RICHARD ) HAMILTON, M.D.; COVENANT ) SURGERY ASSOCIATES, ) P.L.L.C.; AND TONIKA ) Page 1 COLLINS; ) Defendants. ) 116TH JUDICIAL DISTRICT ORAL AND VIDEOTAPED DEPOSITION OF FRANCHELL RICHARD HAMILTON, M.D. JULY 20, 2015 VOLUME I ORAL AND VIDEOTAPED DEPOSITION OF FRANCHELL RICHARD HAMILTON, M.D., produced as a witness at the instance of the PLAINTIFFS, and duly sworn, was taken in the above-styled and numbered cause on July 20, 2015, from 10:09 a.m. to 4:31 p.m., before

3 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page 2 1 Lei Sherra Torrence, CSR in and for the State of Texas, 2 reported by machine shorthand, at the law offices of 3 Schell Cooley, LLP, North Dallas Parkway, Suite 4 550, Dallas, Texas, pursuant to the Texas Rules of Civil 5 Procedure and the provisions stated on the record or 6 attached hereto Page 3 1 A P P E A R A N C E S 2 COUNSEL FOR THE PLAINTIFFS: 3 Mr. Michael Sawicki Mr. Andrew Jones 4 SAWICKI LAW 4040 North Central Expressway 5 Suite 850 Dallas, Texas (214) (214) (fax) 7 [email protected] [email protected] 8 COUNSEL FOR THE DEFENDANT: (FRANCHELL RICHARD HAMILTON, 9 MD, AND COVENANT) 10 Mr. Timothy Ryan SCHELL COOLEY, LLP North Dallas Parkway Suite Addison, Texas (214) [email protected] 14 COUNSEL FOR THE DEFENDANT: (JOSEPH BIANCO, MD, BIANCO, DO, PA) 15 Mr. Russell Thornton 16 THIEBAUD REMINGTON THORNTON BAILEY, LLP 4849 Greenville Avenue 17 Suite 1150 Dallas, Texas (214) (214) (fax) 19 [email protected] Page 4 1 COUNSEL FOR THE DEFENDANT: (UNIVERSITY GENERAL HOSPITAL DALLAS, TONIKA COLLINS) 2 Mr. Eric Hines 3 LAW OFFICES OF BRIAN J. JUDIS Plazas of the Americas, North Tower North Pearl Street Suite Dallas, Texas (214) (214) (fax) [email protected] 7 THE VIDEOGRAPHER: 8 Mr. Dennis Livingston INDEX 2 PAGE 3 Appearances FRANCHELL RICHARD HAMILTON, M.D. Examination by Mr. Sawicki Examination by Mr. Hines Examination by Mr. Ryan Reexamination by Mr. Sawicki Reexamination by Mr. Ryan Signature and Changes Reporter's Certificate EXHIBITS 11 NUMBER DESCRIPTION PAGE 12 1 Physicians Orders Responses To Request For Production From Darrin Dest Agreement For Physician Services 99 5 UGH Dallas Medical Staff Rules and 15 Regulations June 2014 General Call Calendar Phone Record Call Log for Answering Service Handwritten Notes Nurses Narrative Discharge Summary Norcal Mutual Insurance Company 19 Packet Page 5 2 (Pages 2 to 5)

4 Page 6 1 THE VIDEOGRAPHER: Good morning. Today's 2 date is July 20th, The time is approximately 3 10:09 a.m. Here present for the video deposition of 4 Franchell Richard Hamilton, MD. Will counsel please 5 introduce themselves and whom they represent? 6 MR. SAWICKI: Michael Sawicki and Andy Jones 7 on behalf of the Mejias. 8 MR. RYAN: Tim Ryan here on behalf of 9 Dr. Richard Hamilton and Covenant. 10 MR. HINES: Eric Hines on behalf of UGH 11 Dallas and Ms. Collins. 12 MR. THORNTON: Russ Thornton on behalf of 13 Dr. Bianco and his professional association. 14 THE VIDEOGRAPHER: The witness may now be 15 sworn in. 16 FRANCHELL RICHARD HAMILTON, MD, 17 having been first duly sworn, testified as follows: 18 EXAMINATION 19 BY MR. SAWICKI: 20 Q. Good morning, Doctor. Can you tell us your full 21 name, please. 22 A. Franchell Richard Hamilton. 23 Q. And how do you prefer to be referred to? 24 A. Hamilton. Dr. Hamilton, that's fine. 25 Q. Dr. Hamilton. Dr. Hamilton, my name is Mike Page 8 1 A. Oh, yes, I have performed those within the last 2 two years, yes. 3 Q. When you perform that procedure, is it something 4 you normally involve the right hepatic artery in? 5 A. No. 6 Q. And when you normally perform the laparoscopic 7 cholecystectomy, do you typically have the right hepatic 8 artery left bleeding after the procedure? 9 A. No. 10 Q. When you do the procedure, would you agree with 11 me that you do not leave the right hepatic artery 12 bleeding after doing a laparoscopic cholecystectomy? 13 A. I would agree with that. 14 Q. Is that something if you were to leave it 15 bleeding, would that represent a risk to the -- to the 16 livelihood or the health of the patient? 17 A. Yes. 18 Q. Is that something that's a new part of science or 19 medicine, or is that something that's been known for 20 some time? 21 A. That has been known. 22 Q. Would you agree with me that a surgeon performing 23 a laparoscopic cholecystectomy should stop any kind of 24 unintended bleeding after the procedure is finished? 25 A. I would agree. Page 7 1 Sawicki. I'm here to ask you some questions. You 2 understand that, correct? 3 A. Yes. 4 Q. I want to talk a little bit about some terms to 5 make sure I'm using them correctly so that you 6 understand as well, okay? 7 A. Okay. 8 Q. And first term I've seen in this case is 9 laparoscopic -- laparoscopic -- I knew I was going to 10 blow it. Laparoscopic cholecystectomy, do you know what 11 that term is? 12 A. Yes, sir. 13 Q. Have you performed that kind of procedure 14 yourself? 15 A. Yes. 16 Q. The second term of art is hepatic artery. Do you 17 know what is? 18 A. Yes. 19 Q. And with respect to laparoscopic cholecystectomy, 20 have you performed them, say, within the last two years? 21 A. No. 22 Q. When was the last time you performed one? 23 A. A hepatic artery or a laparoscopic 24 cholecystectomy? 25 Q. Laparoscopic cholecystectomy. Page 9 1 Q. Would you agree with me that if that's not done, 2 it poses a risk of harm to the patient? 3 A. I would agree. 4 Q. And that's something that -- that you knew and 5 other doctors would know; is that true? 6 MR. RYAN: Form. 7 A. Yes. 8 Q. (BY MR. SAWICKI) Is that something that is new 9 science or new medicine or something that's been known 10 for a long time? 11 A. That's been known. 12 Q. Would you agree with me in general -- you're a 13 surgeon, correct? 14 A. Yes. 15 Q. Would you agree with me, in general, reasonable 16 and prudent surgeons should know that uncontrolled 17 bleeding after a procedure represents a serious danger 18 to the patient's safety? 19 A. I would agree. 20 Q. Is there ever a time in your understanding of 21 performing a laparoscopic cholecystectomy where it's 22 appropriate to leave the hepatic artery bleeding for 23 some reason? 24 A. No. 25 Q. Is there any other artery or structure within the 3 (Pages 6 to 9) lectronically signed by Lei Sherra Torrence ( )

5 Page 10 1 body that it's appropriate to leave bleeding after a 2 laparoscopic cholecystectomy? 3 A. No, not that I can think of. 4 Q. Okay. Now, in this case with Mrs. Mejia, you 5 understand that a laparoscopic cholecystectomy was what 6 was performed on her initially, correct? 7 A. That's what I was told. 8 Q. And that was performed by Dr. Bianco, is that 9 your understanding? 10 A. Yes. 11 Q. And that was done at University General Hospital, 12 is that your understanding? 13 A. Yes. 14 Q. Now, in this case, if I've read your answers to 15 some of the discovery and -- and the legal pleadings 16 correctly, is it your position that Mrs. Mejia -- you 17 understand who she is, correct? 18 A. Yes. 19 Q. Is it your position that you were never 20 responsible for her care? 21 A. That is my understanding. 22 Q. Okay. And was it your position that the 23 individuals at the hospital had no authority or right or 24 power to assign her to your care? 25 MR. HINES: Object to form. Page 12 1 assume the responsibility of taking care of her. 2 Q. And why wasn't it in her best interest for you to 3 assume responsibility? 4 A. There were several reasons why I felt like this 5 patient -- because I felt like that. One was my 6 personal situation, and the other reason was I didn't 7 feel like the hospital had the resources to take care of 8 her condition at the time. 9 Q. All right. Let's talk about those two. First, 10 you said your personal situation? 11 A. Correct. 12 Q. And then the second was that the hospital didn't 13 have the resources? 14 A. Yeah, in my opinion. 15 Q. So let's talk first, what was it, the personal 16 situation, that you're referencing? 17 A. So at that point in time when I got asked to 18 potentially assume her care, I was actually 39 weeks 19 pregnant and about to go on maternity leave, and at that 20 point I didn't think it was in the best interest for me 21 to take on any complicated patients when I knew the next 22 week I wouldn't -- I would be gone on maternity leave at 23 that point so -- literally days after this. 24 Q. Okay. Anything else that was in this personal 25 situation category other than that? Page 11 1 A. That is my understanding. 2 Q. (BY MR. SAWICKI) Okay. And so let me make sure 3 I'm clear. In this case, with respect to Mrs. Mejia, 4 it's your position that you were never responsible for 5 her care so you couldn't have done anything negligent or 6 wrong or that contributed to her ultimate death, true? 7 A. It is my respons -- understanding that I have no 8 responsibility. 9 Q. Okay. Now, with respect to that understanding, 10 what is the basis for it? 11 MR. RYAN: Form. 12 A. I never formed a patient-physician relationship 13 with her. 14 Q. (BY MR. SAWICKI) And why do you believe that? 15 MR. RYAN: Form. 16 A. I never accepted her as my own patient. 17 Q. (BY MR. SAWICKI) Okay. And why is it you never 18 accepted her as your own patient? 19 A. I had no reason to accept her as my own personal 20 patient. 21 Q. Well, was there something about her that you 22 decided you would not accept or was there some other 23 reason why you didn't accept her as a patient? 24 A. It had nothing to do with the patient at all. It I did not feel it was in her best interest that I Page 13 1 A. No. 2 Q. All right. Now, the second reason you gave me 3 was that -- the second reason that you say you didn't 4 take on Mrs. Mejia's care was that the hospital, in your 5 opinion, didn't have the resources to care for her. 6 What specifically did you mean by that? 7 A. From my understanding the patient, although 8 stable, would be at risk for potential -- could be at 9 risk for a rebleed and the hospital did not have the 10 resources for multiple blood transfusions. The other 11 concern that I had was that they didn't have 24-hour 12 intensivists to manage the patient. And from what I 13 understand, the patient was on the vent and she was, I 14 believe, requiring dialysis. 15 Q. All right. Anything else with respect to the 16 second element that the hospital, in your opinion, did 17 not have the resources necessary to care for Mrs. Mejia 18 other than those two things? 19 A. Those were the -- the main -- the main concerns. 20 Q. Okay. Now, a couple of more terms I want to make 21 sure I'm using correctly. I heard the term "attending" 22 or "admitting physician" as being a way to describe the 23 physician who's got primary responsibility for a 24 patient. Have you heard those terms? 25 A. I have. 4 (Pages 10 to 13) lectronically signed by Lei Sherra Torrence ( )

6 Page 14 1 Q. Is that definition, although, I may not put it as 2 artfully as a medical dictionary or something else, that 3 the attending or admitting physician has primary 4 responsibility for the patient's care, is that a 5 generally true statement? 6 A. Not necessarily. The admitting physician can be 7 different from an attending physician caring for that 8 patient. 9 Q. Right. So would the -- oftentimes, am I correct 10 that, the admitting physician may also be the attending 11 physician? 12 A. That is correct. 13 Q. But there may be times when the admitting 14 physician may not have a specialty or a focus of 15 practice that the patient really requires and then a 16 doctor of that nature takes over and cares for the 17 patient as the, quote, attending physician? 18 A. In that speciality, correct, yes. 19 Q. All right. Now with respect to Mrs. Mejia, what 20 was your understanding of who was the admitting doctor 21 for this period of care where she was at the University 22 General Hospital? 23 MR. RYAN: Form. 24 MR. THORNTON: Same objection. 25 A. I don't know, honestly. Page 16 1 A. Same person. Pulmonary and critical care doctor. 2 Q. And the nephrologist? 3 A. The name starts with a V. I honestly can't 4 pronounce or spell it for you. 5 Q. Is it the Indian Vin -- Vinkin -- 6 A. I think so. 7 Q. Okay. 8 A. Yes, and I didn't find this out until after. 9 Q. And the hospitalist? 10 A. I don't recall the name of the hospitalist that 11 admitted her. 12 Q. Now, with respect to that group, were you told 13 who was the admitting physician? 14 A. At the time MR. RYAN: Form. 16 A. -- no. No. 17 Q. (BY MR. SAWICKI) Have you learned since then? 18 A. Yes. 19 Q. Who was the admitting A. And I was told the hospitalist was the admitting. 21 Q. And let me make sure I'm not invading a 22 privilege. Is this information something you got from 23 your lawyer, Mr. Ryan? 24 A. No. 25 Q. Well, who was it that you got that information Page 15 1 Q. (BY MR. SAWICKI) Okay. What was your 2 understanding of who was the attending physician for her 3 care at University General Hospital? 4 MR. RYAN: Form. 5 MR. THORNTON: Form. 6 A. It was my understanding, honestly, that she had 7 multiple physicians caring for her. 8 Q. (BY MR. SAWICKI) Was it your understanding that 9 all of them were considered to be, quote, the attending? 10 A. It was my understanding that each played a major 11 role in the care for her. 12 Q. Who were the doctors you considered to be playing 13 a major role in her care? 14 A. I honestly didn't know that information until 15 after all of this, but I was told the specialists 16 involved were critical care, pulmonary, a nephrologist, 17 Dr. Bianco and a hospitalist. That's all I knew at the 18 time. 19 Q. Okay. Do you know the name of the critical care 20 doctor? 21 A. I found that out recently and that was Dr. Kopman 22 from what I understand. 23 Q. Could you spell that for her? 24 A. I think it's K-O-P-M-A-N, but I'm not for sure. 25 Q. All right. And the pulmonologist? Page 17 1 from? 2 A. After the fact almost during like a peer review. 3 MR. HINES: All right. I'm going to object 4 at this time. Peer-review privilege, don't answer the 5 question. 6 MR. RYAN: Anything that arises that you're 7 aware of that you know only by virtue of peer review you 8 must not speak about until you have said I only know 9 that through peer review, okay? 10 THE WITNESS: Okay. So I need to say that 11 first? 12 MR. RYAN: Yes. 13 THE WITNESS: Okay. 14 Q. (BY MR. SAWICKI) Yeah, I'll try to rephrase the 15 question so that we're -- we're not -- there are some 16 privileges that you're entitled to under the law and, 17 actually, some of the other parties. For example, 18 things that you discussed with your lawyer I don't want 19 to ask about something that is -- something your lawyer 20 has told you about where that's your only source of the 21 information. In other words, I'm not going to ask you 22 about his opinions or his staff's opinions about your 23 case, things like that, okay? 24 A. Okay. 25 Q. So if you ever find yourself about to tell me 5 (Pages 14 to 17) lectronically signed by Lei Sherra Torrence ( )

7 Page 18 1 something like that, keep in mind that there's a 2 privilege that you don't have to reveal that. The other 3 thing is that there are privileges that pertain to a 4 discussion held during a peer-review committee 5 investigation. So if the conversation comes from your 6 testimony or your discussion in a peer-review context, I 7 don't want to ask you about that either, okay? 8 A. Okay. 9 Q. Now, if you MR. RYAN: Hang on a second, Mike. And in 11 that regard, if you have a question as to any source of 12 information that's like, well, I think I know that, and 13 we need to talk about it, you need to let me know and 14 we'll take a break and we'll talk about it. 15 MR. SAWICKI: That's exactly what I was 16 about to say. If you have any question, I don't want to 17 cut you off THE WITNESS: Okay. 19 MR. SAWICKI: -- but I do want to let you 20 know that you have an opportunity to talk to your lawyer 21 if you're ever unclear about these things. 22 THE WITNESS: I do have one question. 23 MR. SAWICKI: Okay. What's that? 24 THE WITNESS: So if I reviewed MR. RYAN: Wait. Let's not -- Page 20 1 Q. You told me earlier you were under the impression 2 that there were one, two, three -- four different 3 doctors involved: Critical care pulmonologist, 4 nephrologist, Dr. Bianco, and the hospitalist. With 5 respect to that group and outside of a peer-review 6 conversation, did you have an understanding of there 7 being any other surgeons involved in her care? 8 A. No. 9 Q. Now, with respect to the care of Mrs. Mejia, are 10 you aware of -- and I want to ask again outside of a 11 peer-review context where that's where you got the 12 information or something that you only know through your 13 lawyer, are you aware of any other surgeon other than 14 Dr. Bianco being involved in her care? 15 A. And this is outside of the peer review? 16 Q. Correct. 17 A. No. 18 Q. All right. Now, would you agree with me that the 19 records from UGH demonstrate that an entry was made 20 indicating you had been assigned to care for Mrs. Mejia? 21 MR. RYAN: Form. 22 A. I found that out only through peer review. 23 Q. (BY MR. SAWICKI) All right. Have you looked at 24 Mrs. Mejia's records at all? 25 A. During the peer review. Page 19 1 THE WITNESS: Okay. 2 MR. RYAN: Let's not do it. 3 THE WITNESS: Okay. 4 MR. SAWICKI: Let's take a two-minute break. 5 MR. RYAN: Yeah. 6 MR. SAWICKI: Let you talk to her about that 7 and we'll get back. 8 THE WITNESS: Okay. 9 MR. RYAN: Thanks. 10 THE VIDEOGRAPHER: Off the record 10:24 a.m. 11 (Break taken from 10:24 a.m. to 10:28 a.m.) 12 THE VIDEOGRAPHER: Back on the record at 13 10:28 a.m. 14 Q. (BY MR. SAWICKI) So ma'am, you've had a moment 15 to take a break. Are you ready to proceed? 16 A. Yes. 17 Q. So again, with the same caveats about the various 18 privileges, would your knowledge of who was the 19 admitting physician have been something that came just 20 from that context of peer review? 21 A. Yes. 22 Q. All right. With respect to other individuals 23 that were involved in the care, I want to talk outside 24 of the peer-review context. 25 A. Okay. Page 21 1 Q. All right. Have you seen the entries that 2 indicate you were assigned to care for Mrs. Mejia? 3 A. Yes. 4 Q. With respect to the notes, it indicates that a 5 doctor -- I'll probably say the name wrong, Dr. Chisty 6 (phonetic) Schade was the one who appointed you to care 7 for Mrs. Mejia according to the records, true? 8 MR. HINES: I'm going to object at this 9 point. She's giving information that she only learned 10 during the peer-review process. I ask that her lawyer 11 instruct her not to answer. And the hospital has 12 privilege. She's told us that's the only time she's 13 seen them. She said I've seen them outside of that and 14 that's not much I can do about that. 15 Q. (BY MR. SAWICKI) Well, you've looked at the 16 records, true? 17 A. I only looked at the records through the peer 18 review. That's the only time that I saw and looked 19 through the records. 20 MR. SAWICKI: Let me show you a record. 21 Mark this as Exhibit 1. And it's UGH (Exhibit Number 1 marked.) 23 MR. RYAN: Is this the same thing? 24 MR. SAWICKI: Yes. 25 MR. RYAN: Thank you. 6 (Pages 18 to 21) lectronically signed by Lei Sherra Torrence ( )

8 Page 22 1 Q. (BY MR. SAWICKI) And I'm going to ask you, 2 towards the bottom there's an entry that's approximately 3 -- if I read it right it's dated 16:00 on the 27th. Do 4 you see that at the bottom? 5 A. Yes. 6 Q. It says Dr. Hamilton, Franchell will cover for 7 Dr. Bianco until further notice. Do you see that? 8 A. I see that. 9 Q. And then it's RB/TO Dr. Schade, slash -- I can't 10 read that next name, but it looks like RN. Do you see 11 that? 12 A. Yes. 13 Q. Do you recognize the handwriting in this? 14 A. No. 15 Q. Do you recognize the name of the RN? 16 A. No. 17 Q. How about the initials underneath? 18 A. No. 19 Q. Do you recognize what it says off to the left 20 underneath the time and date at 16:10, a couple of 21 lines? Do you recognize what that says? 22 A. No. 23 Q. All right. Were you aware of this physician's 24 order being placed in Mrs. Mejia's records at any time 25 other than what you learned in the peer-review process? Page 24 1 A. Yes. 2 Q. All right. 3 MR. HINES: I'm sorry. Did you say 15 4 minutes after that? 5 THE WITNESS: Yes. 6 Q. (BY MR. SAWICKI) So approximately 4 o'clock and 7 then 4:15? 8 A. Yes. 9 Q. All right. What do you remember about the 10 4 o'clock p.m. call on the 27th from Dr. Schade? 11 A. The 4 o'clock p.m. call from what I was -- what I 12 recall was Dr. Schade introducing himself as the chief 13 of staff. He stated that he apologized for having to 14 call me about a situation. He stated that Dr. Bianco 15 had been suspended and according to the hospital bylaws 16 I was the person to take over his patients and there was 17 a patient in the ICU that I needed to assume care of. 18 Q. Okay. Let me ask you a couple of things about 19 that conversation. First, where did Dr. Schade contact 20 you? Was it an office phone, a cell phone or some other 21 phone? 22 A. He contacted me both via the office and cell 23 phone. 24 Q. Okay. Was there anyone that overheard or 25 participated in this conversation other than you and Page 23 1 A. No. 2 Q. Did Dr. Schade, then, if I'm understanding you 3 correctly, that the only source you had for this 4 information is from peer review, am I correct that no 5 one on the 27th of June told you that you would be 6 covering for Dr. Bianco? 7 A. I would agree. 8 Q. Okay. And that this note does not reflect 9 anything you recall Dr. Schade or any other doctor 10 telling you on the 27th of June? 11 A. Doctor MR. RYAN: Objection; form. 13 Q. (BY MR. SAWICKI) Did anyone ask you to cover for 14 Dr. Bianco on the 27th of June? 15 A. I received a call from Dr. Bianco. 16 MR. RYAN: You said Dr. Bianco. 17 A. Oh, I'm sorry, Dr. Schade Q. (BY MR. SAWICKI) Okay. 19 A. -- to take over a patient of Dr. Bianco on 20 June 27th. 21 Q. Do you recall when that conversation took place? 22 A. Yes. Approximately -- I had two conversations 23 with him. One was around 4 o'clock and the other one 24 was maybe 15 minutes after that. 25 Q. And 4 o'clock p.m., correct? Page 25 1 Dr. Schade? 2 MR. RYAN: Form. 3 A. Not that I know of. 4 Q. (BY MR. SAWICKI) Did you make any notes 5 regarding this conversation? 6 A. No. 7 Q. Was there anything else that was discussed other 8 than what you just told me about? 9 A. Not that I recall except I -- I -- I had my 10 questions such as I asked him if this was an emergency, 11 I asked him if the patient was stable and I asked him honestly, I never heard of this ever happening to a 13 physician where you're required to take over someone's 14 patient and I kind of discussed that with him also on 15 that conversation and he told me to call the ICU nurse. 16 Q. Let me ask you: Did Dr. Schade say why 17 Dr. Bianco had been suspended? 18 A. He did not. 19 Q. Was that an abnormal type of conversation to have 20 that a doctor in the course of caring for a patient had 21 his or her hospital privileges suspended? 22 MR. RYAN: Form. 23 A. That conversation -- I've never had that 24 conversation before. So for me it was a little 25 abnormal. 7 (Pages 22 to 25) lectronically signed by Lei Sherra Torrence ( )

9 Page 26 1 Q. (BY MR. SAWICKI) I mean, this is the first thing 2 I thought when I read it. I've never read that in my 3 limited experience that a doctor was removed from the 4 hospital in the course of care of a patient that had had 5 some complications. Had you ever run into that before? 6 MR. THORNTON: Objection; form. 7 A. I have not run into that before. 8 Q. (BY MR. SAWICKI) Have you run into it since? 9 A. No. 10 Q. What was your impression about Dr. Schade's tone 11 or emotional state to the best you can describe when you 12 were talking about these things? 13 MR. HINES: Object to form. 14 MR. RYAN: Form. 15 A. I remember him being very -- I don't know what 16 the correct term, but very almost, like, forceful and 17 aggressive, maybe, and I just remember being a little 18 offended after talking -- after that conversation with 19 him. 20 Q. (BY MR. SAWICKI) So what was it about the 21 conversation that led you to feel that Dr. Schade was 22 being forceful and offensive? 23 MR. RYAN: Objection; form. 24 A. When I had told him on that particular 25 conversation that I've never been in a situation where I Page 28 1 treated you? 2 A. Multiple physicians I was told by that. 3 Q. Tell me what it is they were -- they had reported 4 to you -- 5 A. Similar -- 6 Q. -- about Dr. Schade? 7 MR. RYAN: Wait. Let him get his question 8 all the way out before you start answering it and that 9 way I can object if I need to and that way the court 10 reporter can take it down clean. 11 THE WITNESS: Okay. 12 Q. (BY MR. SAWICKI) Let me rephrase. What had 13 other doctors told you about Dr. Schade's demeanor or 14 tone with respect to this bullying that you felt? 15 A. Similar situations or examples where they felt 16 they were talked either down to or bullied into doing 17 something that they didn't agree with. 18 Q. Was this a common occurrence or was this 19 something that was -- is there a particular incident 20 that stands out in your mind? 21 A. I don't know if it was common. I only know the 22 handful of physicians that I spoke to at University 23 General Hospital. 24 Q. I guess what I'm trying to quantify is: Was this 25 a -- commonly amongst your peers that you would discuss Page 27 1 was required to accept a patient, he essentially made it 2 seem like, well, I had no other options. 3 Q. (BY MR. SAWICKI) Was there something about the 4 vocabulary he used or was it his tone of voice? 5 A. It was his tone. 6 Q. And what was it about his tone that led you to 7 feel it was forceful and offensive? 8 A. It was almost -- 9 MR. RYAN: Objection; form. 10 A. -- degrading. 11 Q. (BY MR. SAWICKI) How so? That's what I'm trying 12 to quantify here. 13 A. I don't know if I could quantify it. 14 Q. Suffice to say, then, that Dr. Schade's 15 conversation with you led you to feel that you had 16 almost been degraded by the way he was treating you? 17 A. Bullied. 18 Q. Better term? 19 A. I would say. Bullied would be a better term, 20 yes. 21 Q. All right. Had you ever talked with Dr. Schade 22 before this? 23 A. I never knew him. Just of him. 24 Q. Had you ever been told by anyone that he had an 25 abrupt manner or something consistent with the way he Page 29 1 this type of information with? Was this a commonly held 2 feeling regarding Dr. Schade or was this an anomalous 3 thing that just a few doctors reported to you? 4 MR. RYAN: Form. 5 A. It came up a handful of times. We wouldn't focus 6 our conversations on that. 7 Q. (BY MR. SAWICKI) Do you recall any other 8 specific doctors that had these same or related these 9 same types of experiences with him? 10 A. I do. 11 Q. Can you tell me the names? 12 A. Dr. Green was an anesthesiologist. She was one 13 of them. Dr. Payseur was a wound care doctor. She was 14 another. 15 Q. Do you recall what Dr. Green, the 16 anesthesiologist, had told you about, with respect, to 17 Dr. Schade's treatment of her that left her feeling 18 consistent with your description? 19 A. Not necessarily word for word. 20 Q. In general? 21 A. There were times when she performed anesthesia 22 and there were some complaints made by him on the way 23 she did things that she disagreed with. 24 Q. Any other descriptions that you recall in a 25 general fashion about what Dr. Green said about 8 (Pages 26 to 29) lectronically signed by Lei Sherra Torrence ( )

10 Page 30 1 Dr. Schade in this regard? 2 A. Not outside of what I've already stated. 3 Q. All right. Same question with respect to 4 Dr. Payseur. 5 A. It was the same. 6 Q. Were -- 7 A. Disagreements on the way they cared for patients 8 -- she cared for patients. 9 Q. Were there disagreements in the -- in these types 10 of conversations? Was it about the techniques that were 11 employed or the speed with which they were performed 12 or A. I don't recall the specifics. 14 MR. RYAN: Again THE WITNESS: Sorry. 16 MR. RYAN: -- please let him ask his 17 question all the way. That I way I can register an 18 objection if I need to. And I'll object to the form of 19 the question. 20 Q. (BY MR. SAWICKI) Were there concerns expressed 21 about Dr. Schade indicating that the care should've been 22 rendered in a different manner? 23 A. I don't recall MR. RYAN: Form. 25 A. -- the specifics. Page 32 1 MR. HINES: Object to form. 2 A. I'm not sure because I don't know how he 3 responded to other... 4 Q. (BY MR. SAWICKI) Did -- did you have discussions 5 with any male doctors that indicated similar concerns 6 that you have described with respect to Dr. Payseur and 7 Dr. Green and yourself? 8 A. No. 9 Q. Did you talk with any of the nursing staff about 10 their interactions with Dr. Schade? 11 A. I spoke to -- at the time it was the ER director 12 who I believe was a nurse. 13 Q. Do you recall who that was? 14 A. I don't remember his name. 15 Q. And what is it that individual told you? 16 A. It was the same in the sense of he's had some 17 degrading tones or remarks made by Dr. Schade to him. 18 Q. Okay. All right. So I want to go back, with 19 respect, to this 4 o'clock conversation. Anything else 20 about Dr. Schade's tone or impressions you formed about 21 his emotional state at this conversation that you 22 haven't told me about? 23 MR. HINES: Object to the form. 24 A. No. 25 Q. (BY MR. SAWICKI) With respect to Dr. Bianco's Page 31 1 Q. (BY MR. SAWICKI) Okay. And what -- where I 2 guess I'm trying to figure out is: Was there a 3 disagreement with the applicable standard of care, for 4 example, in the care being involved? 5 A. No. 6 Q. Was there a concern expressed about the speed or 7 the billing or any other aspect of the care involved? 8 A. No. No. 9 Q. Just that Dr. Schade had some other way of doing 10 it that he preferred versus Dr. Green or Dr. Payseur's 11 way of doing it? 12 A. Correct. 13 Q. Okay. Now, with respect to, both, Green, Payseur 14 and yourself, you're all three women; is that true? 15 A. Yes. 16 Q. Was there any sexual element of it, and I don't 17 mean in a physical act of love type way. Was there a 18 male/female type demeanor or is that part of it? 19 MR. HINES: Object to form. 20 MR. RYAN: Objection; form. 21 A. Not that I know of. 22 Q. (BY MR. SAWICKI) What I'm asking is: Was he 23 sexist or was it construed as him talking down to a 24 woman in your discussions with these other doctors? 25 MR. RYAN: Objection; form. Page 33 1 suspension, is that something Dr. Schade told you had 2 occurred? 3 A. He informed me that Dr. Bianco had been 4 suspended. 5 Q. What specifically did Dr. Schade say about 6 Dr. Bianco being suspended? 7 A. That was pretty much it. 8 Q. He just said, Dr. Bianco, the surgeon, has been 9 suspended? 10 A. He stated there was an unfortunate event and 11 Dr. Bianco is suspended. 12 Q. Did he give you any more detail about what the 13 unfortunate event was? 14 A. No. 15 Q. Had you ever heard of a doctor at UGH being 16 suspended for any kind of unfortunate event before? 17 A. No. 18 Q. Did you have any impression about what the 19 unfortunate event was? 20 A. I had heard situation from some of the OR staff 21 days before this. 22 Q. And what was the situation you had heard of? 23 A. The OR staff just said that there was a surgery 24 that was done and that something had went wrong. That 25 was pretty much it. I don't know if they knew all the 9 (Pages 30 to 33) lectronically signed by Lei Sherra Torrence ( )

11 Page 34 1 details. 2 Q. Who was the OR staff that you were talking with? 3 A. It was the OR director at the time and I cannot 4 recall her name. 5 Q. And what was the context that you were having 6 this discussion with the OR director at the time? 7 A. I always -- any time I went to UGH I always 8 walked through the OR. I was usually there for a 9 surgery or something and I was relatively friendly with 10 all the staff and they just mentioned there had been an 11 incident. 12 Q. So you're there to perform some kind of care on a 13 patient at UGH, you're walking through the OR department 14 and the OR director or some other members of the OR 15 staff just come up and say to you Dr. Bianco has been 16 involved in a situation? 17 MR. RYAN: Objection; form. 18 A. It started off, hey, did you hear. 19 Q. (BY MR. SAWICKI) And what is it they said A. And then Q. -- did you hear? 22 A. That there had been an incident in the OR the day 23 or so whenever it happened. 24 Q. And what was the incident they described? 25 A. Nothing more than there was a patient that was Page 36 1 was suspended. Do you remember that? 2 A. Correct. 3 Q. And you told me that in talking with Dr. Schade, 4 he said that Dr. Bianco had been suspended in this 5 4 o'clock conversation; is that correct? 6 A. Yes. 7 Q. And that in your discussion with him, he said 8 something about there had been an unfortunate event; is 9 that correct? 10 A. Yes, Dr. Schade told me that. 11 Q. And that you understood that unfortunate event to 12 have been something secondary to what the OR staff had 13 said when you showed up at the hospital a few days 14 before to perform your own work at the hospital; is that 15 correct? 16 A. I didn't know what the unfortunate event was. 17 Q. Correct. But when you showed up at the hospital 18 to do your own work, the OR staff was talking about it, 19 correct? 20 A. They were talking about a situation. 21 Q. Right. And that situation was the situation 22 involving Dr. Bianco; is that correct? 23 MR. RYAN: Form. 24 A. I assume so. They mentioned Dr. Bianco. 25 Q. (BY MR. SAWICKI) Okay. Page 35 1 undergoing a gallbladder and what they told me is there 2 was a -- they told me that there was a colonic injury is 3 what I was told by the OR staff. 4 Q. What else did they say in that regard? 5 A. That's pretty much it. 6 Q. Did the staff indicate what the outcome of that 7 case had been? 8 A. I don't know if they knew. 9 Q. Was the patient still in the hospital? 10 A. The patient was still in the hospital and they 11 indicated it was a very long surgery because it had 12 pushed back multiple surgeries for that day. 13 Q. Did they indicate anyone else that was involved 14 in that surgery? 15 A. No. 16 Q. Did they indicate what it was Dr. Bianco had done 17 or not done in that surgery? 18 MR. RYAN: I'm going to object and there has 19 not been testimony to this point that Dr. Bianco was 20 involved in the surgery. So you're mischaracterizing 21 her testimony and I think any answer she gives to it is 22 going to be misleading. 23 Q. (BY MR. SAWICKI) All right. Let me go back up. 24 The way I understood it, you said earlier -- let me go 25 back to my notes. Started talking about why Dr. Bianco Page 37 1 A. I don't know if it was the same patient. 2 Q. At least when you arrived at the OR -- or the OR 3 at UGH to perform your own work, the OR staff at the 4 time was talking about Dr. Bianco's involvement with a 5 patient involved in a gallbladder procedure; is that 6 correct? 7 A. Yes. 8 Q. And that the staff of the OR told you that that 9 patient had sustained some kind of colonic injury; is 10 that correct? 11 A. Yes. 12 Q. And that that injury was during the course of a 13 gallbladder procedure being performed by Dr. Bianco; is 14 that correct? 15 A. Yes. 16 Q. Okay. So did they tell you anything more about 17 what Dr. Bianco's involvement was? 18 A. No. 19 Q. Did they tell you what specifically had gone 20 wrong causing the colonic injury? 21 A. No. 22 Q. Did they tell you any other doctor other than 23 Dr. Bianco had been involved in the surgery? 24 A. No. 25 Q. Did you form any impressions as to how the 10 (Pages 34 to 37) lectronically signed by Lei Sherra Torrence ( )

12 Page 38 1 colonic injury they were describing had occurred? 2 A. No. 3 Q. Now, did you make a connection when you talked to 4 Dr. Schade, on that 4 o'clock conversation, did you make 5 a connection between this conversation with the OR staff 6 a few days earlier and the unfortunate event that 7 Dr. Schade was talking about with you at the 4 o'clock 8 conversation? 9 MR. THORNTON: Form. 10 A. I thought to myself, I wonder if this is the same 11 patient, but I didn't know. 12 Q. (BY MR. SAWICKI) And what was it that led you to 13 make that thought or why did you have that thought? 14 A. Because essentially the OR staff had described it 15 as an unfortunate -- almost the same, an unfortunate 16 incident during the operation. 17 Q. So let me make sure I understand. Do you believe 18 that the individual that the OR staff was talking about 19 with you when you were there was Mrs. Mejia or another 20 patient? 21 MR. THORNTON: Form. 22 A. I cannot make that decision. I don't know if it 23 was the same. 24 Q. (BY MR. SAWICKI) The conversation that you had 25 and you've been telling me about with the OR staff, did Page 40 1 Q. What was your impression about the condition of 2 that patient? 3 MR. THORNTON: Objection; form. 4 A. I wouldn't know. 5 Q. (BY MR. SAWICKI) Did the OR staff indicate that 6 the patient was still -- you said earlier, in the 7 hospital. Do you know anything about where that patient 8 was still? 9 MR. THORNTON: Form. 10 A. No. 11 Q. (BY MR. SAWICKI) Did you have any other 12 discussions about any other patients with the OR staff 13 that were similar to this conversation that you'd had 14 about Dr. Bianco's gallbladder surgery with the colonic 15 injury? 16 MR. HINES: Object to form. 17 MR. RYAN: Form. 18 MR. THORNTON: Same objection. 19 A. No. 20 Q. (BY MR. SAWICKI) Okay. Had the OR staff ever 21 told you about other injuries like this before? 22 MR. THORNTON: Objection; form. 23 A. No. 24 Q. (BY MR. SAWICKI) Was this the first time you'd 25 ever walked into the OR and had them say, hey, have you Page 39 1 that take place on the 27th of June? 2 A. No. 3 Q. Was it some days prior to that? 4 A. Yes. 5 Q. Is there any way to fix in your mind what day -- 6 how many days prior it was? 7 A. I can't tell exactly. It was maybe two. Maybe 8 one or two recent. 9 Q. If the record showed Mrs. Mejia came in, I want 10 to say on the 26th -- I'll have to go back and check. 11 Yeah, if the record show Mrs. Mejia was admitted on the 12 25th of June, do you believe that was before or after 13 this conversation you described with the OR staff? 14 A. I cannot recall exactly. 15 Q. Is there any recollection you have of what 16 patient or what activity you were performing at the 17 hospital that would help us fix in time when you 18 would've been there having this conversation? 19 A. No. I was literally -- I was there rounding and 20 like I said, I always kind of go through the OR just to 21 see and plus I was on call, so I would just go through 22 the OR, go through the ER. 23 Q. Do you recall anything about the patient's 24 condition that had been involved in this colonic injury? 25 A. I didn't ask. Page 41 1 heard we have a gallbladder surgery patient with a 2 colonic injury still in the hospital? 3 A. Repeat the question. 4 Q. Sure. I guess what I'm trying to get at is: Was 5 this a topic of conversation that was a normal one that 6 you would have this kind of conversation about 7 frequently, or was this sort of an anomaly that stood 8 out in your mind? 9 MR. RYAN: Objection; form. 10 MR. HINES: Form. 11 MR. THORNTON: Form. 12 A. I would say the OR nurses always had some type of 13 story. 14 Q. (BY MR. SAWICKI) Had they told you stories the OR nurse, had they told you stories about other 16 cases where patients had sustained some kind of injury 17 like the type you're describing with respect to 18 Dr. Bianco in this colonic injury? 19 MR. THORNTON: Form. 20 A. Perhaps not exactly, no. 21 Q. (BY MR. SAWICKI) Had that happened -- when was 22 the -- prior to this, when was the last time that had 23 happened? 24 MR. HINES: Object to form. 25 A. They didn't mention a situation like that. 11 (Pages 38 to 41) lectronically signed by Lei Sherra Torrence ( )

13 Page 42 1 Q. (BY MR. SAWICKI) Do you remember anything else 2 about who the OR staff was that had this conversation 3 with you about Dr. Bianco, the patient that sustained 4 the colonic injury? 5 MR. THORNTON: Form. 6 A. There was -- like I said, it was the OR director 7 and I know the PACU coordinator was there and then the 8 front OR nurse and I cannot recall their names right 9 now. 10 Q. (BY MR. SAWICKI) Okay. So the OR director, that 11 would be -- that was a woman, I think you told me 12 before? 13 A. They're all female. 14 Q. All female. Okay. Do you know any of these 15 individuals outside of UGH? 16 A. I did not. 17 Q. Do you know where any of them are currently? 18 A. A couple, yes. 19 Q. Who -- who do you know of where they are? 20 A. I don't recall their names. 21 Q. Well, was it, for example, the OR director? 22 A. Yes. 23 Q. Where do you believe she is? 24 A. She's at another hospital. 25 Q. Do you know which one? Page 44 1 Q. Did you talk with Dr. Bianco at all? 2 A. No. 3 Q. Had you ever talked to Dr. Bianco? 4 A. I think we were introduced in passing once. I 5 don't know if I would even recognize him if I saw him 6 again though. 7 Q. Did you ever discuss him with other members of 8 your surgical community? 9 A. No. 10 Q. Know of any doctors that were working with him or 11 that knew him well? 12 A. I didn't know them personally, no. 13 Q. You know them just by reputation? 14 A. There was a surgeon that knew him well. 15 Q. Who was that? 16 A. I think it was Dr. Silver, I think and that's Q. Do you ever talk to Dr. Silver about Dr. Bianco? 18 A. No. 19 Q. Do you know Dr. Silver at all? 20 A. I've met him a couple of times. 21 Q. Where is he today? 22 A. I don't know. 23 Q. Have you told me everything you remember about 24 this discussion you've had with the OR staff about the 25 other patient, the gallbladder patient, that sustained Page 43 1 A. Crescent. 2 Q. And where is Crescent? 3 A. It's in South Dallas, I guess you call it. 4 Q. Do you know what she's doing at South Dallas 5 Crescent? 6 A. I believe it's the same position. 7 Q. How about the PACU coordinator? Do you know 8 where she is? 9 A. She's at Methodist. 10 Q. Do you know what role she's doing at Methodist? 11 A. She's an educator of some sort. 12 Q. Do you know which Methodist location? 13 A. It's the same one in South Dallas. I don't know 14 if it has a different name. 15 Q. Okay. And the front OR nurse, do you know where 16 that individual is today? 17 A. The receptionist, I actually also saw her at 18 Crescent. 19 Q. And is she a receptionist? 20 A. She's a -- yeah, kind of like a scheduler, 21 receptionist. I don't think she's a nurse. 22 Q. Do you recall talking with any other individuals 23 other than those three about this incident with 24 Dr. Bianco a few days before Mrs. Mejia's procedure? 25 A. No. Page 45 1 the colonic injury? 2 A. Yes. 3 Q. Do you remember any other discussion with 4 Dr. Schade about that situation? 5 A. Not until the later conversation, but... 6 Q. Okay. And I'm going back to try to work through 7 everything here. So with respect to this 4 p.m. 8 conversation, we've gotten through Dr. Schade calling 9 you, telling you you're assigned to this patient using 10 the tone that you've told me about everything you 11 remember there, correct? 12 A. Correct. 13 Q. And then you've told me everything you remember 14 about him saying regarding Dr. Bianco being suspended? 15 A. Yes. 16 Q. That was due to an unfortunate situation or 17 unfortunate event? 18 A. Yes. 19 Q. Okay. And that, in your mind, was linked to the 20 earlier conversation you had with the OR staff about the 21 colonic patient -- or the colonic injury to the other 22 gallbladder patient, correct? 23 MR. THORNTON: Objection; form. 24 A. Not correct. I didn't know if it was the same 25 person. 12 (Pages 42 to 45) lectronically signed by Lei Sherra Torrence ( )

14 Page 46 1 Q. (BY MR. SAWICKI) All right. Were you aware of 2 any other patients of Dr. Bianco that had some kind of 3 unfortunate event? 4 MR. THORNTON: Form. 5 A. No. 6 Q. (BY MR. SAWICKI) So then, as we're continuing 7 through, you told me that Dr. Schade told you that 8 according to the bylaws you were supposed to take over 9 the -- Mrs. Mejia's care. Do you remember that? 10 A. Yes. 11 Q. So I want to talk about the bylaw section and 12 what he said in that regard. What was it, if you 13 recall, that Dr. Schade told you specifically? Why were 14 the bylaws even coming up? 15 A. Because when he initially told me about the 16 patient and to assume care, I told him I didn't feel 17 comfortable. And then so the rebuttal was, well, it's 18 in the hospital bylaws. You have to take over this 19 patient. When a surgeon gets suspended, it falls to the 20 surgeon on call is what he said. 21 Q. Okay. So let me cut up those two things. You 22 were telling me when the bylaw portion came up that 23 Dr. Schade had told you something about the patient's 24 condition and you didn't feel comfortable about getting 25 involved in. What was it specifically about her Page 48 1 Q. Sure. 2 A. Sorry. 3 Q. We'll work it out. What was the complication you 4 formed in your mind an opinion about what was that 5 complication? 6 A. Just a bleed, that's all I knew. 7 Q. Now, how was it that that particular complication 8 was -- what was it about it that made you uncomfortable 9 about getting involved in her care for Mrs. Mejia? 10 A. I typically do not MR. RYAN: Form. 12 A. -- like taking over care on patients that I don't 13 know enough about and who've had complications from 14 other -- other operating surgeons, one. Two, the fact 15 that she needed blood requirements and I knew the 16 hospital did not have a large amount of blood on hand 17 was my other concern. 18 Q. Okay. Do you recall Dr. Schade telling you 19 anything more about how this bleed was caused or why it 20 was continuing? 21 MR. RYAN: Form. 22 MR. THORNTON: Same objection. 23 A. He didn't say anything about continuation but he 24 did tell me to just call the nurse. 25 Q. (BY MR. SAWICKI) Did you tell Dr. Schade at this Page 47 1 condition you didn't feel comfortable getting involved 2 in? 3 A. It was the fact that this patient had now been 4 operated on twice. She did require some blood products 5 and she was currently in the ICU. 6 Q. Okay. So let me -- I'm not a doctor. So help me 7 understand. What was the significance, if any, in your 8 mind about the fact that Mrs. Mejia had been operated on 9 twice that led you to feel uncomfortable about taking 10 over her care? 11 A. Essentially that means that there had been some 12 type of complication and typically I don't -- I think 13 it's in the best interest of the patient for the person 14 who knows the anatomy or who has previously operated on 15 her to continue to treat the patient, not for it to go 16 to a surgeon who knows nothing about what happened or 17 the complication. 18 Q. Is this complication something Dr. Schade told 19 you about or was that an opinion you've reached on your 20 own? 21 A. That was an opinion after him telling me, well, 22 she had to go back to the operating room. 23 Q. What was the complication you believed to be 24 present? 25 A. A bleed of some sort. Page 49 1 time that you had the concern that you typically did not 2 like to take over a patient that you didn't know a lot 3 about? 4 A. No. At this time, I did tell him that I don't 5 feel comfortable managing this patient and it may be in 6 her best interest to transfer. 7 Q. And when you say "transfer", transfer to another 8 facility? 9 A. A higher level of care, but I didn't say that. I 10 said another facility. 11 Q. Did you express to Dr. Schade at this point, I 12 don't -- words to the effect that I don't Dr. Hamilton does not like to take over patients that 14 you don't -- I'm sorry. I wrote down what you said 15 where you felt like it was in their best interest for 16 them to continue with the doctor that had been treating 17 them? 18 A. I did not tell him that. 19 Q. Okay. Did you tell Dr. Schade at this point that 20 you felt like the hospital didn't have the blood on hand 21 necessary to care for a patient like this? 22 A. No. 23 Q. Let me go back to that then for a second. Do you 24 recall -- what it is that this conversation at 4:00 in 25 the afternoon, what is it that led you to the conclusion 13 (Pages 46 to 49) lectronically signed by Lei Sherra Torrence ( )

15 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page 50 1 that UGH did not have the blood on hand that Mrs. Mejia 2 might need to care for her condition? Why did you have 3 that opinion? 4 A. The fact that she had -- so let me -- so this is 5 what was going through my head when he was telling me 6 she had a bleed. So -- and he is not a surgeon, so he 7 doesn't know the anatomy, but I'm familiar enough with 8 the anatomy that when someone typically has -- when 9 there's a bleed, it's typically cystic, hepatic. One of 10 the hepatics. The best treatment for that is 11 interventional radiology once the patient is stable. I 12 knew for a fact UGH did not have that capability. 13 Typically what happens when you have a bleed or a leak 14 even at the gallbladder or a common bile duct injury, 15 whatever the case may be. Any injury typically during a 16 laparoscopic case, the best treatment, the safest for 17 the patient after is typically interventional radiology, 18 and I knew UGH did not have those capabilities. 19 Q. And how is it you knew they didn't have that 20 capability? 21 A. Because I've worked there, and I've needed it for 22 other purposes and we couldn't do it. 23 Q. I'm ignorant. I'm not a doctor so I don't mean 24 to ask stupid questions. I am a lawyer so that's what I 25 do. With respect to this interventional radiology, is Page 51 1 that a department, is that an individual, is that a 2 piece of equipment? Why is it that -- what is it we're 3 talking about? 4 A. A combination of those things. So you have to 5 have -- yes, the radiology department which they have. 6 Then you have to have an interventional radiologist, 7 which is a radiologist who has specialty training, and 8 then you have to have the equipment. 9 Q. So was it that UGH did not have an interventional 10 radiologist? 11 A. They did not have that and they did not have the 12 equipment. 13 Q. Now, is this something you said in -- a moment 14 ago in your response that you'd run into this before? 15 A. Correct. 16 Q. What is it -- and I'm not trying to pry into 17 other patients' specific health history, but what is it 18 about your other experiences at UGH that led you to 19 conclude that they didn't have this necessary equipment 20 and specialist to do this work? 21 MR. RYAN: Let me caution you not to 22 disclose any information that relates in any way 23 specifically to other patients in his treatment you've 24 been involved. 25 Q. (BY MR. SAWICKI) Yeah, let me rephrase the Page 52 1 question. I'm not asking you about any other patients 2 specifically. But in your earlier response you said you 3 knew when Dr. Schade called you at 4 o'clock on the 27th 4 that the hospital -- that Mrs. Mejia first was going to 5 need interventional radiology; is that correct? 6 MR. RYAN: Objection; form. 7 MR. THORNTON: Objection; form. 8 MR. HINES: Objection; form. 9 A. I believe that that would have been a good 10 treatment for her. 11 Q. (BY MR. SAWICKI) All right. And that you knew 12 at that same time frame, 4 o'clock on the 27th, that UGH 13 did not have the necessary people or equipment to 14 provide that good treatment for her; is that true? 15 A. Yes. 16 Q. Why is it you knew at 4 p.m., thereabouts, on the 17 27th that UGH lacked that kind of capability to provide 18 that good treatment? 19 A. Because I asked as soon as I started taking ER 20 call if they had interventional radiology. 21 Q. And can you fix for me in time how many weeks, 22 days or months it was before this 4 o'clock on the 27th 23 time frame where you knew that? 24 A. Three months and as a surgeon it helps decide who 25 needs to stay and who needs to be transferred. Anybody Page 53 1 with an intraabdominal abscess, for example, that could 2 benefit from interventional radiology, they cannot do at 3 UGH; therefore, as a surgeon I would make the decision 4 to transfer that patient. 5 Q. Okay. Now, this equipment -- and if I refer to 6 it as interventional radiological equipment, would that 7 be a correct way to categorize it in a general sense? 8 A. Uh-huh. 9 Q. Is that a yes for her? 10 A. Yes. 11 Q. Sorry. Okay. So this -- on the 27th of June at 12 4 p.m., you knew that UGH did not have this 13 interventional radiological capability that you would 14 have recommended as a necessary treatment for 15 Mrs. Mejia, true? 16 MR. RYAN: Objection; form. 17 A. Yes. 18 Q. (BY MR. SAWICKI) Is that something you would 19 have expected a hospital to have had at its -- as part 20 of its offerings? 21 MR. RYAN: Objection; form. 22 A. Not necessary. 23 Q. (BY MR. SAWICKI) Would you have expected the 24 staff, though, to have understood that they didn't have 25 that capability at the hospital back in June of 2014? 14 (Pages 50 to 53)

16 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page 54 1 A. The staff, no. 2 Q. How about Dr. Schade? Would you have expected 3 him to have known that the hospital didn't have that 4 kind of service available? 5 MR. RYAN: Form. 6 A. I would expect him to have known. I don't know 7 if I would have expected him to have known that that 8 would've been an appropriate treatment for this patient. 9 Q. (BY MR. SAWICKI) Is that something you would 10 have expected a surgeon familiar with laparoscopic 11 cholecystectomy and its potential complications to have 12 known? 13 MR. THORNTON: Form. 14 A. Yes. 15 Q. (BY MR. SAWICKI) Something you would have 16 expected, say, Dr. Bianco to have known? 17 A. Yes. 18 Q. Something you knew yourself, true? 19 A. Yes. 20 Q. Okay. And that's with respect to treating 21 complications of a laparoscopic cholecystectomy, a bleed 22 of the hepatic artery is something that surgeons 23 performing that procedure knows it's something that can 24 happen, true? 25 A. Yes. Page 55 1 Q. And the standard of care requires prompt 2 intervention and treatment of that condition because if 3 left untreated it can be dangerous to the patient; is 4 that true? 5 MR. RYAN: Form. 6 A. That could be true, yes. 7 Q. (BY MR. SAWICKI) And one of the treatments that 8 is accepted in the standard of care is to provide 9 interventional radiological type treatment to those 10 types of bleeds? 11 MR. RYAN: Form. 12 A. Well, there's multiple treatments. One would be 13 surgical. Hepatic artery is actually a larger artery so 14 that one may not have been able to been treated through 15 radio -- interventional radiography, but a smaller, like 16 a branch or the cystic artery, those are preferably 17 treated with interventional radiology. But the hepatic 18 artery is big enough that it requires. 19 Q. Did you do a lot of laparoscopic cholecystect cys -- starting over again. 21 Did you perform laparoscopic 22 cholecystectomies at UGH yourself? 23 A. Yes. 24 Q. Can you quantify or give me some idea of how many 25 you might have done at that particular facility? Page 56 1 A. Between April and this time I'd say double 2 digits, Q. When you performed them I know you didn't go in 4 intending for them to be any complications, did you have 5 a plan that if an interventional radiologist's services 6 were necessary what you would do in that situation if 7 your patient did need that? 8 A. Yes. 9 Q. What was the plan that you had for those patients 10 if they needed that kind of service? 11 A. So I would have to do it surgically. 12 Q. Okay. 13 A. And then potentially transfer. 14 Q. Did you have a particular facility in mind that 15 the transfer would -- the patient would be transferred 16 to? 17 A. I knew of this -- facilities around that had 18 interventional radiology. 19 Q. And what were those facilities that had that 20 services available that if you needed them you would 21 have sent your patient to? 22 A. Baylor and Methodist. 23 Q. Okay. Now, to go back to the conversation when 24 you told doctor -- when you were having this 25 conversation with Dr. Schade about the bylaws you told Page 57 1 me about your -- that's where -- I'm reorienting us back 2 to that and this concern that you had about the 3 interventional radiology. Is that something you 4 specifically told Dr. Schade about? 5 A. I did not. 6 MR. RYAN: Objection; form. 7 Q. (BY MR. SAWICKI) All right. Is there a reason 8 why you didn't tell him that you had that concern? 9 A. I feel like that conversation, the first, initial 10 conversation and even the second was so short, I didn't 11 really have an opportunity to explain all of my 12 concerns. 13 Q. Okay. So then the next thing you told me about 14 was that you felt like the reason you were uncomfortable 15 about taking over Mrs. Mejia's care, you said that you 16 felt she needed blood and you knew the hospital didn't 17 have sufficient blood supplies on hand? 18 MR. RYAN: Wait. 19 MR. THORNTON: Objection; form. 20 MR. RYAN: Objection; form. 21 Mischaracterizes her testimony. 22 Q. (BY MR. SAWICKI) Well, let me back up. I wrote 23 it down. So what I wrote down is you told or you felt 24 in your opinion that she needed blood and you knew the 25 hospital did not have blood on hand. Do you remember 15 (Pages 54 to 57)

17 Page 58 1 that? 2 MR. RYAN: Objection; form. 3 A. If she needed blood. 4 Q. (BY MR. SAWICKI) Right. So what was it that you 5 were telling me about earlier about Mrs. Mejia needing, 6 potentially, blood and the hospital not having it on 7 hand? 8 A. If somebody needs blood, I was told they only 9 carried O negative blood, like, two units. 10 Q. So let me -- let me reorient us. When we were 11 talking earlier, we were talking about the bylaws 12 discussion and you told me why you felt uncomfortable. 13 And we've already talked about some of that. But 14 another element of it was this concern about whether the 15 hospital had sufficient blood supplies. Is it this O 16 negative that you were referencing earlier? 17 A. Yes. 18 Q. All right. Was Mrs. Mejia -- I guess it'd been 19 related to you, am I correct, when Dr. Schade first 20 called you was that she had had a bleed, postoperative 21 bleeding; is that correct? 22 A. It was relayed that she had a bleed and required 23 return to the OR. 24 Q. Did you form the impression that she continued to 25 bleed or that that condition had been resolved? Page 60 1 A. Even when I spoke to Dr. Schade and I was asking 2 him give me more information about the patient, he could 3 not respond. He just kept saying call the nurse. And 4 then when I called the nurse, she couldn't tell me which 5 vessel had been injured. Really pretty much what she 6 did relay is that there was a bleed, it was repaired, 7 the patient got blood and the patient had been stable 8 for several hours. 9 Q. Did she relay anything to you that led you to 10 conclude that the bleed was completely resolved? 11 A. She just relayed the vitals and the patient had 12 been instable for several hours. 13 Q. If the patient had been stable and the nurse 14 reported that the second procedure had been completed to 15 address the bleed, could you tell me why you would have 16 a concern that the patient might need more blood in the 17 future? 18 A. Well, and that's the thing, I didn't do the 19 surgery and so that's my -- one of my concerns with 20 taking over someone's patient. I don't -- did they put 21 a clip on it, did they oversew it. I have no idea how 22 they -- how different people or different surgeons 23 repair vessels, and so being a surgeon, you know, and 24 this is a complication, ties can fall off, clips can 25 fall off so. Page 59 1 A. I was under the impression after speaking to the 2 nurse that it had resolved. 3 Q. Okay. What was it that led you to feel 4 uncomfortable about if Mrs. Mejia needed additional 5 blood, the hospital's ability to provide that blood? 6 Why was that a concern for you? 7 A. Knowing kind of -- and this is later -- well, 8 kind of during this, could tell me -- honestly, no one 9 really could tell me what happened or what was going on 10 and so I don't -- no one knew what artery, what it was 11 that was bleeding and so it's hard to know for sure 12 there's not going to be any issues later on down the 13 line when I don't -- I didn't really get a good idea of 14 what happened or what was repaired or what was injured. 15 Q. Okay. So let me fix up the time frame here in 16 your last response. When you initially received the 17 call from Dr. Schade, I think you told me you then also 18 talked to the OR nurse or someone in the ICU, right? 19 A. ICU nurse. 20 Q. And is it a result of that conversation that you 21 had this concern that you didn't really know what was 22 bleeding or whether it was fixed because no one could 23 accurately relay that to you? 24 MR. RYAN: Objection; form. 25 MR. HINES: Object to form. Page 61 1 Q. So at this point in time when you're talking to 2 the ICU nurse, did you have a concern that Mrs. Mejia 3 might still need additional blood products? 4 A. Not necessarily. 5 Q. Did you have a concern that if she did, the 6 hospital didn't have the supplies on hand? 7 A. I did. 8 Q. And is that because of this two units of O 9 negative? 10 A. Yes. 11 Q. So let me speak more about that. What is it 12 we're talking about when you're referencing two units of 13 O negative? Why is that insufficient to address the 14 concern you had? 15 THE WITNESS: Can I take a bathroom break 16 after I answer this? 17 MR. SAWICKI: Sure. 18 THE WITNESS: Okay. 19 A. So MR. RYAN: Thank you. 21 A. Two units of O negative blood is untyped 22 essentially and it is not uncommon for community 23 hospitals to keep this kind of on hand in case, but when 24 someone has extensive bleeding or a risk of extensive 25 bleeding, that amount of blood is not going to be 16 (Pages 58 to 61) lectronically signed by Lei Sherra Torrence ( )

18 Page 62 1 enough. For example, in trauma centers or there's 2 what's called, like, a massive transfusion protocol 3 where you do platelets, FFP and blood and they didn't 4 have this -- these products at the hospital. 5 Q. And I'll let you go after this one question. 6 A. Okay. 7 Q. So was that a concern you had at this 4 p.m. time 8 frame? 9 A. That was a concern that if something were to come 10 up, this hospital did not have the resources. 11 Q. And was that part of the reason why you felt she 12 needed to be transferred? 13 A. Yes. 14 Q. Okay. 15 A. And the interventional radiology. 16 MR. SAWICKI: Okay. Let's take that break. 17 THE WITNESS: Okay. Thank you. 18 THE VIDEOGRAPHER: Off the record 11:25 a.m. 19 (Break taken from 11:25 a.m. to 11:36 a.m.) 20 THE VIDEOGRAPHER: This begins media number 21 two. We're back on the record at 11:36 a.m. 22 Q. (BY MR. SAWICKI) Ma'am, are you ready to 23 continue? 24 A. Yes. 25 Q. I wanted to ask you, you used the term in our Page 64 1 place for them to be at. 2 Q. And why is that? 3 A. I feel, in particular, some of the nursing staff 4 are not used to dealing with certain types of 5 complicated patients. 6 Q. Did you believe that was implicated in 7 Mrs. Mejia's case? 8 MR. RYAN: Form. 9 MR. HINES: Object to form. 10 A. I have had conversations with certain ICU nurses 11 and felt that they did not -- they would not be able to 12 take care of a complicated patient and I have discussed 13 that with the CNO. 14 MR. HINES: Objection, nonresponsive. 15 Q. (BY MR. SAWICKI) Okay. So let me make sure I 16 understand. Did you have the opinion back when 17 Dr. Schade called you on the 27th of June 2014 that the 18 nurses in the University General Hospital's ICU might 19 not be able to care for Mrs. Mejia? 20 A. Yes. 21 Q. Why did you feel that the nurses at the 22 University General Hospital intensive care unit might 23 not be able to care for Mrs. Mejia? 24 A. Because of previous experiences that I've had 25 with less complicated patients. Page 63 1 prior discussions I wanted to make sure I wasn't 2 confusing things. Is a bleed to the hepatic artery 3 something you would describe as a colonic injury? 4 A. No. 5 Q. Okay. And then with respect to Mrs. Mejia, do 6 you know if she continued to bleed at any time after 7 this 4 p.m. conversation? 8 MR. RYAN: Form. 9 A. No. 10 Q. (BY MR. SAWICKI) You don't know one way or the 11 other? 12 A. I didn't -- I was unaware. 13 Q. Okay. Now, we were talking about the bylaws. 14 You've told me about when Dr. Schade first brought that 15 up, the concerns you had about her operations, the the complications, the blood issue. Were there any 17 other reasons why you didn't feel comfortable even 18 though Dr. Schade was saying the bylaws required you to 19 take over the patient that you haven't told me about 20 now? 21 A. My only other concerns that I had was there was 22 not an in-house intensivist. 23 Q. And what was your concern there? 24 A. I feel if patients who are complicated or require 25 more care, sometimes community hospitals aren't the best Page 65 1 Q. Okay. Can you describe generally what it is 2 those previous experiences were? Let me strike that and 3 start over. 4 Were these previous experiences with nurses 5 at University General Hospital? 6 A. Yes. 7 Q. Were they experiences regarding patients of your 8 own that you were caring for in the ICU setting? 9 A. They were in the ICU but they weren't like sick 10 like ICU patients. There were times where they were 11 just there because they didn't -- weren't moved or 12 whatever the case may be. 13 Q. Were the experiences that you're referencing with 14 the ICU nurses at the University General Hospital's Hospital prior to Mrs. Mejia, did those experiences lead 16 you to have a concern about their ability to handle a 17 case like Mrs. Mejia's? 18 A. Yes. 19 Q. Why? Why did you feel that way? 20 A. Because I've had much less complicated patients 21 where there was issues with orders getting done 22 properly. 23 Q. Did -- did those experiences lead you to feel 24 that the nurses working in the intensive care unit at 25 University General Hospital were not capable of doing 17 (Pages 62 to 65) lectronically signed by Lei Sherra Torrence ( )

19 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page 66 1 the types of things you would have expected them to be 2 able to do? 3 A. Not all the nurses. 4 Q. Were there some that you felt were not qualified 5 or capable of handling the type of patients you expected 6 to be in the intensive care unit at a hospital? 7 A. There was some, yes. 8 Q. And what is it about them? I'm trying to get 9 more information. 10 A. There was some that didn't even know what some 11 basic orders were used for. For example, you start 12 somebody on medication to treat diabetes, and they 13 didn't -- weren't familiar with that medication; or 14 someone has a feeding tube, and they didn't know how to 15 manage that feeding tube. 16 Q. So did you have a concern back in 2014 that 17 nurses working in the University General Hospital's 18 intensive care unit didn't know -- some of the nurses 19 didn't know basic things about medications and how they 20 were to be used for patients in the intensive care unit? 21 MR. RYAN: Form. 22 MR. HINES: Object to the form. 23 A. There were one or two that I experienced that 24 didn't know what certain medications were used for. 25 Q. (BY MR. SAWICKI) Okay. Did you have concerns Page 67 1 that the nurses working at the University General 2 Hospital's intensive care unit had other issues other 3 than the knowledge of basic medications? 4 A. I had some issues with the knowledge of, as an 5 example, how to use a feeding tube. Some of them did 6 not know. 7 Q. As a surgeon, did you have confidence in the 8 nurses working at University General Hospital's 9 intensive care unit, that they would be capable of 10 handling a complex patient? 11 MR. THORNTON: Object to form. 12 MR. RYAN: Form. 13 MR. HINES: Object to the form. 14 A. No. 15 Q. (BY MR. SAWICKI) Why -- why did you have that 16 concern? 17 A. Just based on my interactions with the handful of 18 nurses that I ran into. 19 Q. Was this a -- something that built over the time 20 you worked at University General Hospital, or was it 21 something that was immediately apparent to you? 22 A. It was almost immediate. 23 Q. And why was it almost immediate? 24 A. Again, most of the cases I did there were through 25 the emergency room. I did not bring elective cases, and Page 68 1 the cases that I've done there I had some concerns about 2 my patient care from the nursing staff on the floor and 3 in the ICU. 4 Q. If you had the choice -- if you had a loved one 5 you were about to have to admit into an intensive care 6 unit in the hospital, would you have put that person in 7 University General Hospital? 8 MR. RYAN: Objection; form. 9 MR. HINES: Object to the form. 10 MR. THORNTON: Objection; form. 11 A. No. 12 Q. (BY MR. SAWICKI) Why not? 13 A. I didn't feel that -- I didn't feel like they 14 would be able to get the type of care, per se, they 15 needed. I felt like some of the nurses needed more 16 education. 17 Q. Did you express that concern to anyone at 18 University General? 19 A. I MR. HINES: To the extent she's going to get 21 into anything she did in the peer review MR. SAWICKI: Let me rephrase. 23 MR. HINES: -- proceeding of any sort. 24 MR. SAWICKI: Right. Yeah, totally. 25 MR. HINES: I instruct her not to answer. Page 69 1 Q. (BY MR. SAWICKI) Outside of the peer-review- 2 type discussion we had earlier, outside of that, did you 3 ever express these concerns you're telling me about the 4 nursing staff being -- some of the nurses staff being 5 incapable of handling for patients in the intensive care 6 unit to anyone at University General? 7 MR. RYAN: Wait. Wait. Wait. I'm going to 8 instruct you not to answer as to any peer review, any 9 quality assurance, any physician committee or hospital 10 committee interactions relating to quality assurance, 11 peer review, morbidity, mortality and similar types of 12 confidential interactions. With that caution, you can 13 answer his question. 14 A. Yes. 15 Q. (BY MR. SAWICKI) Again, outside of the 16 instructions, who did you relay that information to? 17 A. The CNO. 18 Q. And do you recall who that was? 19 A. I think her first name was Emily. 20 Q. And what led you to talk to the CNO, Emily, about 21 your concerns about the capability of the intensive care 22 unit nurses at University General Hospital? 23 A. From the care that I had from my own patients. 24 Q. Was there a particular incident that triggered 25 this conversation? 18 (Pages 66 to 69)

20 Page 70 1 A. I'm sure, but I do not recall the exact. 2 Q. Do you remember the time frame when this 3 conversation came? 4 A. I remember speaking to her once probably in April 5 and May. 6 Q. Of 2014, correct? 7 A. Yes. 8 Q. Do you recall the -- the response, the CNO, 9 Emily, made to your concerns? 10 A. She said that she would take care of it and excuse me -- educate the nurses. 12 Q. Did you see any action consistent with that? 13 A. No. 14 Q. Did you continue to have this concern about the 15 capabilities of the nursing staff through the course of 16 your relationship with University General? 17 A. Yes. 18 Q. Did it ever go away? 19 A. No. 20 Q. Did it get better or worse or stayed the same? 21 A. Stayed the same. 22 Q. All right. So we've talked -- have we talked 23 about all the concerns you had about the nurses or some 24 of the nurses in the intensive care unit at University 25 General Hospital in your mind not being qualified to Page 72 1 making or raising this concern? 2 A. I wasn't the only one. 3 Q. Can you give me your recollection of was this a 4 widespread concern or was this a small concern? 5 A. Well, the concerns were different for different 6 specialties, but in general, some of the physicians that 7 I spoke to also had similar concerns. 8 Q. Would this have been -- can you describe for me 9 the population of doctors that were expressing this 10 concern? By that, I mean, were they all surgeons or 11 were they spread over a range of specialties and 12 performances? 13 A. They were spread. 14 Q. Among this group when you discussed your concerns 15 about the capabilities of the nursing staff, was it a 16 systemic concern or were there specific departments 17 where there was a problem? 18 MR. HINES: Object to the form. 19 MR. RYAN: Form. 20 A. Based on my discussions it sound like a systemic. 21 Q. (BY MR. SAWICKI) Why was it your impression in 22 your discussions with other doctors that they had a 23 concern about a systemic problem with nurses at 24 University General Hospital? 25 MR. HINES: Object to form. Page 71 1 handle patients like Mrs. Mejia? Were there any other 2 conversations about that that we haven't talked about? 3 MR. HINES: Form. 4 Q. (BY MR. SAWICKI) Again, outside of the peer 5 review instruction that your attorney gave you. 6 A. That's it. 7 Q. I guess bad way of asking. Other than Emily, 8 were there any other individuals that you had that 9 conversation with? 10 MR. RYAN: Outside the context? 11 MR. SAWICKI: Again -- right. 12 A. Yes. Yes. 13 Q. (BY MR. SAWICKI) For all of my question outside 14 the context of peer review, were there others, other 15 than Emily, that you've told me about where you've had 16 that same kind of conversation? 17 A. Yes. 18 Q. Tell me about those. 19 A. It was with other physicians. We Q. What did you talk about with other physicians in 21 that regard? 22 A. The concerns with some of the nursing staff. Not 23 necessarily in the ICU but in general. 24 Q. Was this concern something that other doctors 25 related that they had also, or were you the only one Page 73 1 A. Because it wasn't in just one area. 2 Q. (BY MR. SAWICKI) What do you mean by that? 3 A. For example, it wasn't just ICU nurses. 4 Q. What was it? 5 A. OR nurses, floor nurses, you know. There was -- 6 I mean, every -- like I said, it was kind of a wide 7 range. We all worked in different areas and everybody 8 had some type of complaint. 9 Q. Were these complaints from other doctors 10 something that happened -- or were they something you 11 heard, rather, when you first started working there or 12 at some other point in time? 13 A. When I first started working. 14 Q. Was it something you heard right away or was it 15 after being there a period of time? 16 A. Right away. 17 Q. Was it something that changed over the course of 18 your relationship with University General or did it stay 19 the same? 20 A. Honestly, I -- it's hard to answer that question 21 because I started going to University General less and 22 less as the longer -- so I don't -- I don't know if it 23 got better. 24 Q. Did doctors ever relate to you that conditions 25 had improved at some point in time? 19 (Pages 70 to 73) lectronically signed by Lei Sherra Torrence ( )

21 Page 74 1 MR. HINES: Object to form. 2 Q. (BY MR. SAWICKI) And by conditions, I mean with 3 respect to their concerns about the nursing staff's 4 capabilities. 5 A. I will say I know the OR staff, the OR improved. 6 Q. And why is it you feel that way? 7 A. They hired more nurses, trained and so I know. 8 Like, I've worked there and then I had some colleagues 9 that worked there and I know that did get better. 10 Q. Okay. Was that before or after Mrs. Mejia's 11 care? 12 A. It may have been before. I don't recall. 13 Q. With respect to the ICU, did that ever improve? 14 MR. RYAN: Form. 15 A. I know -- I don't know, but I know there was at 16 least one or two really good nurses but they didn't 17 always work. 18 Q. (BY MR. SAWICKI) With respect to the nurses 19 involved in Mrs. Mejia's care, do you know whether any 20 of those are the, quote, good nurses that you were 21 referencing? 22 A. I know there was one in particular that was good. 23 Q. Who was that? 24 A. I don't -- I don't recall her name but she 25 would've been the charge nurse during the day. She was Page 76 1 Q. Now, you've told me the second part of that was 2 he made a rebuttal that it was in the bylaws that you -- 3 a surgeon on call has to take over; do you remember 4 that? 5 A. Yes. 6 Q. What was it that Dr. Schade said about the 7 surgeon on call having to take over? 8 MR. RYAN: Form. 9 A. He just stated that because there was a 10 suspension, the surgeon on call had to assume care 11 according to the bylaws is what he said. 12 Q. (BY MR. SAWICKI) Okay. Did he say anything else 13 about that? 14 A. No. 15 Q. What did you say in response? 16 A. I need to see the bylaws. 17 Q. Had you reviewed the bylaws before? 18 A. No. 19 Q. Had you -- did you review the bylaws that day? 20 A. Yes. 21 Q. How did you go about reviewing the bylaws? 22 A. I had them ed to me. 23 Q. And what did the bylaws say with respect to what 24 Dr. Schade had told you? 25 A. Not knowing word for word, in general it stated Page 75 1 a charge nurse during the day. 2 Q. Do you know if it's Nurse Collins? 3 A. No. I think Nurse Collins was just a regular 4 nurse. I don't think she had the title of a charge 5 nurse. 6 Q. Do you know anything about Nurse Collins? 7 A. No, I didn't. 8 Q. Was she one of the good or the bad or -- 9 A. I didn't know. 10 Q. You didn't know. Okay. So to go back over any 11 other discussions with others, you've told me now about 12 the CNO, Emily, the general discussions you had with 13 other doctors. Was there anyone else, outside of the 14 peer review instructions your counsel's given you 15 previously, with whom you discussed these concerns about 16 the nursing staff at the University General Hospital 17 being qualified or capable of handling their jobs? 18 A. No. 19 Q. All right. So as to walk through again, when we 20 were starting on this we were talking about this 21 conversation regarding the bylaws with Dr. Schade. 22 You've now told me all the reasons why you didn't feel 23 comfortable in accepting his command to take over 24 Mrs. Mejia; is that correct? 25 A. Correct. Page 77 1 that the chief -- during a suspension the chief of staff 2 needed to find a replacement if the surgeon did not have 3 an alternative. 4 Q. Okay. Anything else? 5 A. No. 6 Q. Who ed you this information? 7 A. The CEO secretary. So at the time it was Erica 8 Cleveland, I think, was her name. 9 Q. And where did she you? 10 A. My personal Q. Do you still have that ? 12 A. I no longer have that Q. Did you ever print it out? 14 A. At one point. 15 Q. Do you know where you -- what you did with the 16 printout? 17 A. I do. 18 Q. Where is it? 19 A. Another lawyer has it. 20 Q. Other than Mr. Ryan? 21 A. Yes. 22 Q. Who is that? 23 A. Leichter. 24 Q. Who is Lawyer Leichter? 25 A. He was representing me for the Texas Medical 20 (Pages 74 to 77) lectronically signed by Lei Sherra Torrence ( )

22 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page 78 Page 80 1 Board. 2 Q. Do you know his first name? 3 A. Well, Darrin Dunn -- Darrin Dest was the main 4 lawyer and I can't -- I can't remember Leichter's first 5 name. 6 Q. Are they -- do you know how to get in touch with 7 them? 8 A. Yes. 9 Q. Do they have other documents like those s? 10 A. Yes. I forward -- they have the actual I sent them the actual also. 12 Q. And are you still -- are they still engaged to 13 represent you? 14 A. No. 15 Q. When did that end? 16 MR. RYAN: Wait. Hang on. I'll object. 17 MR. SAWICKI: Well, these are documents 18 pertinent to request for production we've made that 19 apparently Q. (BY MR. SAWICKI) Ma'am, you still know how to 21 get in touch with these lawyers? 22 A. Uh-huh. 23 MR. SAWICKI: Okay. So we've made request 24 for production, Tim, on exactly this sort of thing. If 25 she still has contact with these individuals and they 1 true? 2 A. Yes. 3 Q. You signed discovery responses indicating that 4 you've provided everything that was responsive, true? 5 A. Yes. 6 MR. RYAN: In her possession, custody and 7 control. 8 Q. (BY MR. SAWICKI) Custody and control means your 9 ability to compel them to be produced. You understand 10 that? 11 A. I did not. 12 Q. Okay. If you'd called your lawyers and asked 13 them to send you this information, would they do it? 14 A. If they still had it, I suppose. 15 Q. Did you make any effort to find out if they still 16 had it? 17 MR. RYAN: Wait. I'm going to instruct you 18 not to answer as to MR. SAWICKI: Well, I'm building a motion to 20 compel right now, Tim, regarding this. Because, first, 21 you didn't disclose it, obviously, exist; and, second, 22 you didn't produce it. And I'd like to know what 23 efforts were made to find it. 24 MR. RYAN: I will be happy to have a 25 conversation with you about this off the record. I'm Page 79 1 have the actual originals, I don't understand why they 2 haven't been produced. Would've had them here today. 3 You know we requested all s, et cetera. 4 MR. RYAN: Yeah, I know. 5 MR. SAWICKI: This hasn't been produced. 6 MR. RYAN: I know that too. 7 MR. SAWICKI: So can we get them today 8 before we're done, or do we need to recess the 9 deposition until we get all the documents? 10 MR. RYAN: I wouldn't recommend recessing. 11 I've produced to you what has been produced to me. 12 MR. SAWICKI: Well MR. RYAN: There's other information that 14 these lawyers have that was submitted to the Board that 15 isn't pertinent or not -- it's not that it's not 16 pertinent. It's what has been submitted to the Board by 17 these attorneys is not responsive or is privileged. As 18 far as the that Dr. Hamilton just mentioned about 19 getting bylaws, I don't have it. They don't have it. 20 Q. (BY MR. SAWICKI) Well, ma'am, you understand 21 you're a party to this case, true? 22 A. Yes. 23 Q. You're a defendant in this case, true? 24 A. Yes. 25 Q. You're represented by attorneys in this case, Page 81 1 not going to put it on the record and I'm not going 2 to -- 3 MR. SAWICKI: Well, I want it on the record 4 because I'm here to depose her today. 5 MR. RYAN: I'm not going to let you ask her 6 about communications that she's had with me or her 7 lawyers -- other lawyers. 8 Q. (BY MR. SAWICKI) The point, ma'am, is these 9 documents were not created for peer review purposes, 10 correct? 11 MR. RYAN: Wait. Specify the document or 12 I'm going to instruct her not to answer. 13 Q. (BY MR. SAWICKI) The that you discussed 14 today. 15 MR. RYAN: Which one? 16 Q. (BY MR. SAWICKI) It's not created for peer 17 review, correct? 18 MR. RYAN: Which one or I'll instruct her 19 not to answer. 20 Q. (BY MR. SAWICKI) The that you just told 21 me about that you got the day of the phone call from 22 Dr. Schade was not created for any kind of peer review, 23 correct? 24 MR. RYAN: Form. 25 A. I don't think so. 21 (Pages 78 to 81)

23 Page 82 1 Q. (BY MR. SAWICKI) Okay. It was created -- it was 2 sent to you after you made a request from Dr. Schade for 3 the bylaws, correct? 4 A. He did not send them to me. So then I called the 5 CEO. 6 Q. Okay. You called the CEO, Erica Cleveland, who's 7 not an attorney, true? 8 A. True. 9 Q. Did not represent you in any kind of peer review 10 or other kind of context, true? 11 A. True. 12 Q. Who communicated with you on the day that 13 Dr. Schade called you, June 27, 2014, true? 14 A. True. 15 Q. Before there was any anticipation of litigation 16 or even any idea that anything might happen to 17 Mrs. Mejia, true? 18 A. True. 19 Q. Wasn't done as part of your defense in any case 20 to prepare for any response to any peer review, or any 21 other medical board? It was at your request, correct? 22 A. That was at my request. 23 Q. All right. And it was done because you had a 24 question, having never seen the bylaws, about what 25 exactly was in them, true? Page 84 1 Q. You still maintain their contact information? 2 A. I have the address. 3 Q. All right. And when a request was made to you 4 for all communications regarding your interactions on 5 the 27th of June and on the 28th of June, did you make 6 any effort to request that information from your 7 attorneys? 8 A. The ? 9 Q. Yes. 10 MR. RYAN: I'm going to object and instruct 11 you not to answer about communications you've had with 12 your lawyers. 13 Q. (BY MR. SAWICKI) Do you contend that this 14 information was privileged from discovery in any way, 15 shape or form? 16 MR. RYAN: Objection; form. 17 A. Because it was used for the medical board, I 18 thought it was privileged. Honestly, I don't know 19 enough about it. 20 Q. (BY MR. SAWICKI) Okay. 21 MR. HINES: Objection, nonresponsive. 22 Q. (BY MR. SAWICKI) But this -- this would 23 represent MR. RYAN: Objection, nonresponsive. 25 Q. (BY MR. SAWICKI) -- actual communications on the Page 83 1 A. Correct. 2 Q. This was not done so that you would know how to 3 respond to a peer review or a medical board action, 4 true? 5 A. Correct. 6 Q. It was done to evaluate Dr. Schade's request that 7 you assume Mrs. Mejia's care, true? 8 A. Correct. 9 Q. Sole reason that it was done? 10 A. Correct. 11 Q. Okay. That was something you received, 12 true? 13 A. Correct. 14 Q. You printed it out, true? 15 A. Cor -- or I looked at it on my Q. Okay. But at some point you printed it out and 17 you provided it to other individuals? 18 A. I ed it. 19 Q. Okay. You ed it. And those individuals 20 were lawyers that you had retained to represent you in a 21 medical board action, true? 22 A. Correct. 23 Q. And those lawyers worked at your control and 24 direction, true? 25 A. Correct. Page 85 1 day of the conversation we've been talking about between 2 parties that are -- between individuals that are not 3 lawyers, true? 4 A. True. 5 Q. Okay. That contain facts about what was 6 communicated on that day regarding your actions relative 7 to your decision about taking over Mrs. Mejia's care, 8 true? 9 MR. RYAN: Objection; form. 10 A. Well, it was the -- the bylaws. 11 Q. (BY MR. SAWICKI) Okay. Were there other s 12 that you sent back and forth regarding anything to do 13 with your actions that day and Ms. Cleveland? 14 MR. RYAN: Objection; form. 15 A. Ms. Cleveland, no. 16 Q. (BY MR. SAWICKI) Were there any other 17 individuals that day that you ed with respect to 18 anything to do with Dr. Schade's call or your care of 19 Mrs. Mejia or your non-care of Mrs. Mejia? 20 A. On June 27th, no. 21 Q. On any other date? 22 A. Yes. 23 MR. RYAN: Objection; form. 24 Q. (BY MR. SAWICKI) What date? 25 MR. RYAN: Wait. Wait. 22 (Pages 82 to 85) lectronically signed by Lei Sherra Torrence ( )

24 Page 86 1 MR. HINES: Back to the peer review 2 instruction. 3 MR. RYAN: Okay. Same. 4 Q. (BY MR. SAWICKI) With respect to peer review -- 5 I'm never going to ask you about peer review. Here's my 6 question: On the 26th, 27th, 28th of June, did you make 7 any s regarding Mrs. Mejia or Dr. Schade's call to 8 you about assuming her care? Other than the one you've 9 told me about with Ms. Cleveland? 10 A. Outside of peer review I did send an to 11 the CEO. 12 Q. Okay. When did you send an to the CEO 13 outside of peer review about this incident? 14 A. I think it may have been the 29th maybe -- or 15 maybe the 29th. I don't recall the exact date. 16 Q. What was it you were -- why were you sending an 17 to the CEO? I'm assuming when you say CEO, the 18 CEO of University General Hospital? 19 A. Yes. 20 Q. Okay. Why were you sending an to the CEO 21 of the University General Hospital? 22 A. Because I was told by the CEO that the chief of 23 staff was requesting my privileges suspended. 24 MR. RYAN: Can I interrupt you for a second? 25 MR. SAWICKI: I'd like to ask about this. Page 88 1 A. Outside of the one that we talked about before 2 break? 3 Q. Yes. Yes, ma'am. 4 A. I had requested a copy of the bylaws from the 5 CEO, and he told me he would have his secretary 6 them to me. 7 Q. Okay. So we have another . This is not 8 that , correct? 9 A. That is not that that she sent. 10 Q. What is Exhibit 3? 11 A. Exhibit 3 is an that I sent after I was 12 told that Dr. Schade had requested my privileges 13 suspended. 14 Q. Okay. And who is the to? 15 A. I sent it to the CEO, the CFO, and I don't know 16 the titles of the other members, but they were all part 17 of administration. 18 Q. So more than the individual represented here? 19 A. Yes. 20 Q. Chuck Schuetz? 21 A. Yes. 22 Q. And who is Mr. Schuetz? 23 A. He was the CEO. 24 Q. And how did you get the -- how did you decide to 25 include in the list of people you sent this to? Page 87 1 If you're going to assert a privilege, I'd like to just 2 keep going. 3 MR. RYAN: I'm not. If you would do me the 4 courtesy of letting me ask you a question off the 5 record, I would appreciate it. I think it might -- 6 MR. SAWICKI: All right. 7 MR. RYAN: I think it might save time. 8 MR. SAWICKI: Okay. 9 THE VIDEOGRAPHER: Off the record 12:06 p.m. 10 (Break taken from 12:06 p.m. to 1:22 p.m.) 11 THE VIDEOGRAPHER: Back on the record 12 1:22 p.m. 13 (Exhibit Numbers 2 and 3 marked.) 14 Q. (BY MR. SAWICKI) So ma'am, are you ready to 15 continue? We've taken a lunch break. 16 A. Yes. 17 Q. Okay. And I wanted to kind of share with you, 18 Exhibit 2, is a copy of our request for production to 19 your lawyers, and I don't know if you've seen that. But 20 one of the things that was requested in there were 21 s that pertained to -- in a general way, the 22 events involved in this case, and I've just been given 23 Exhibit 3 which appears to be one of those s. Are 24 you aware of any other s other than what's here in 25 Exhibit 3? Page 89 1 A. I just did all of the administration that I had 2 been in contact with from -- in some form or fashion. I 3 just felt that they should all know. 4 Q. Okay. And this was -- the date on here is July 5 1st, Is this the date you created this ? 6 A. Yes, I'm assuming so. 7 Q. And actually it looks like there's a response -- 8 I always have this problem with s. Looks like 9 going chronologically from the first page of Exhibit 3 10 is the last -- latest, if you will, and then 11 there's a response from -- that the last -- the first 12 entry is the last chronologically, which is at 7 p.m. 13 And then before that there's a 4:57 p.m. reply, and then 14 there's a 4:52 p.m., which appears to be the initial 15 you sent. Is that the way this works? 16 A. Yes, it appears so. 17 Q. All right. Now, there would've been -- if we had 18 been given the actual , this would've included the 19 list of the individuals to whom you sent it, correct? 20 A. Yes, I'm assuming. I don't know how these print 21 out. 22 Q. All right. And then did anyone other than 23 Mr. Schuetz reply to you to this ? 24 A. Not via , no. 25 Q. Did some respond to you in other ways? 23 (Pages 86 to 89) lectronically signed by Lei Sherra Torrence ( )

25 Page 90 1 A. Verbally. 2 Q. Who responded to you verbally? 3 A. Debbie Woods and there was another male. 4 Q. And who is Ms. Woods? 5 A. You know, I don't really know what her role was. 6 I don't know if she was the president or -- I don't know 7 exactly what her role was. She did a lot of marketing 8 with me and kind of my liaison so. 9 Q. And what did Ms. Woods tell you? 10 A. She essentially apologized for kind of what 11 happened as did the other gentlemen and I'm blanking on 12 the name right now. 13 Q. Okay. And then is this response from Mr. Schuetz 14 the only one you've had from him? 15 A. ? 16 Q. Yes. 17 A. Yes. 18 Q. Did he call you verbally on these issues or talk 19 to you verbally? 20 A. I think I talked to him in person. 21 Q. And did he say anything more about this 22 situation? 23 A. He also apologized. 24 Q. Did you ever talk with Dr. Schade about this? 25 A. I tried to call him and I left a message. Page 92 1 A. I don't think so. 2 Q. Would it -- 3 A. I reviewed it on the 27th. 4 Q. Did you review it with anyone else on the 27th? 5 A. No, not that I know of. 6 Q. Was there something in particular in the bylaws 7 where you said as a result of reading it, I do not have 8 to take over this patient? 9 A. Yes. 10 Q. What was it in the bylaws you said you didn't that you read that you said supports your basis for 12 saying, I don't need to take over this patient? 13 MR. RYAN: Form. 14 A. And again, I don't remember the bylaws word for 15 word, but specifically Dr. Schade said it goes to the 16 person on call and it specifically did not state 17 anything about the on-call person having to -- being 18 required to take the patient of a surgeon who got 19 suspended. 20 Q. (BY MR. SAWICKI) Was there anything else that 21 you were basing your refusal to take on Ms. Mejia's case 22 other than that? 23 A. Not according to the bylaws. The bylaws never 24 stated that. 25 Q. So -- so I'm clear. It's because the bylaws did Page 91 1 Q. Did you ever send him an ? 2 A. No. I didn't have his address. 3 Q. So to go back and what we had been talking about 4 before the break was that after you had indicated to 5 Dr. Schade that you wouldn't take over Mrs. Mejia's 6 care, he said something to you about the bylaws, and we 7 were talking about the bylaws being ed to you. 8 Then -- now, we're looking at Exhibit 3 this would be 9 separate from that earlier discussion about the bylaws 10 being ed to you, correct? 11 A. Correct. 12 Q. All right. Let me come back to that. Let's keep 13 going chronologically, though. 14 A. Okay. 15 Q. Back through things that happened in June 27th. 16 Have we now talked about -- well, let me back up. 17 So the bylaws are ed to you at some 18 point in time, correct? 19 A. Yes. 20 Q. Now, your Exhibit 3 indicates that you reviewed 21 it with your counselor. Do you recall reviewing your 22 bylaw with a counselor? 23 A. I did, but I'm not sure of the time frame. 24 Q. Okay. Was that -- would that have happened on 25 the 27th? Page 93 1 not state in your review that a doctor like yourself 2 could be required to take over a patient, that's why you 3 felt comfortable with refusing to take on Ms. Mejia? 4 MR. RYAN: Form. 5 A. The bylaws didn't state that the on-call person 6 was required to take over a patient for suspension. So 7 that's why I felt comfortable stating that the bylaws 8 does not state this. 9 Q. (BY MR. SAWICKI) Was the nuance then relating to 10 a doctor being suspended? 11 A. It was MR. RYAN: Form. 13 A. -- related to the requirement of the on-call 14 surgeon. 15 Q. (BY MR. SAWICKI) Okay. And was that it? Was 16 there anything else? 17 MR. RYAN: Form. 18 A. Not that I recall. 19 Q. (BY MR. SAWICKI) Okay. So at the time back in 20 June of 2014, were you serving at the hospital in a 21 on-call surgical capacity? 22 A. I was on call for the emergency room. 23 Q. All right. And at the time back in June of 2014, 24 did you have any kind of contractual or written 25 agreement between yourself and University General 24 (Pages 90 to 93) lectronically signed by Lei Sherra Torrence ( )

26 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page 94 1 Hospital regarding your services? 2 A. Yes. 3 Q. At the time back in June of 2014, were you being 4 compensated by University General Hospital to provide 5 on-call surgical services? 6 A. I was supposed to be. 7 Q. Okay. Was that something that just wasn't 8 happening or -- 9 A. That was something that was not happening. 10 Q. Tell me about that. Why was that not happening? 11 A. I don't know. 12 Q. Well, let me -- badly asked question. 13 You had a written agreement. They were 14 supposed to compensate you for this activity. Were you 15 actually providing that service? 16 A. Yes. 17 Q. Were -- was University General Hospital not 18 paying you for that service? 19 A. Not the whole time. 20 Q. What time were they paying you for? 21 A. So, for example, I took a call in April and I got 22 paid in April. I got called -- I got paid for April in 23 June. At that time I had already taken call in both May 24 and June and I had to not get paid for May or June. 25 Q. So you did not get paid for May or June services Page 95 1 even though you provided them? 2 A. Correct. 3 Q. Were you made aware of why you weren't being paid 4 for those services? 5 A. They just said it was coming, you know, more time 6 contractors get paid -- don't -- we get paid second. 7 Like after all the employees get paid then the 8 contractors got paid. 9 Q. So this care took place June 27th, 28th time 10 frame of June. By that point in time, were you aware 11 you were not being paid for June? 12 A. I was not, no. I thought that in July I was 13 promised to get compensated for June. Sorry. 14 Q. Okay. So by June 27th of 2014, when this phone 15 call was made to you, had you an understanding of when 16 you would be paid for your June services? 17 A. I was told mid July. 18 Q. Had you been told when you would be paid for your 19 May services? 20 A. They told me it was going to be one lump check. 21 Q. Excuse me. So you were told you would be paid 22 for, both, your May services and your June services in 23 mid July; is that correct? 24 A. Yes. 25 Q. Did you agree to continue doing the services even Page 96 1 though you hadn't been paid? 2 A. Yes. 3 Q. As a result of that agreement did you have a 4 particular title with the hospital? 5 A. I believe they may have called it medical 6 director. 7 Q. And what was your understanding of the duties of 8 a medical director for UGH? 9 MR. RYAN: Objection; form. 10 A. I'm unsure. That was a common terminology 11 whenever you signed a call contract. 12 Q. (BY MR. SAWICKI) Had you ever been a medical 13 director at any other hospital? 14 A. Yes. 15 Q. What other hospitals had you been, at this point 16 in time, in 2014, had been? 17 A. Texas General Hospital I was also taking call as 18 medical director for them. 19 Q. Did they have at Texas General a agreement like 20 the one you signed with University General regarding 21 those services? 22 A. It was not exact but they had an agreement. 23 Q. Did it require you to provide surgical services 24 like the UGH contract did? 25 A. I was on call for the ER for surgery. Page 97 1 Q. What does it mean to be on call? 2 A. In my understanding it is a 24-hour obligation. 3 You are the surgeon on call for the emergency room. So 4 if surgical issues arise through the emergency room, you 5 are the first person of contact. 6 Q. Now, if you're on call and a call comes in 7 through the ER, do you have the discretion to take or 8 refuse to take the patient? 9 A. Yes. 10 Q. And what is that discretion based on? 11 A. Clinical judgment. Do I have the resources. 12 Does the hospital have the resources to care for that 13 patient. 14 Q. In the course of working for UGH, did you ever 15 refuse to take on a ER-related surgical call? 16 A. Yes. 17 Q. How often did you do that? 18 A. I can recall one patient that I refused. 19 Q. And what was the reason for refusing to take on 20 that patient? 21 A. The patient had a GI bleed and, again, I felt the 22 hospital didn't have the capabilities of managing that 23 type of patient. 24 Q. Do you know if that patient -- what happened to 25 that patient? 25 (Pages 94 to 97)

27 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page 98 1 A. She was transferred from the ER to another 2 hospital. 3 Q. And what was it that you felt the hospital didn't 4 have the capability to provide? 5 A. For that particular patient that treatment is 6 done through GI services typically with multiple 7 different types of procedures that can be done in that 8 capacity and that hospital did not have that. 9 Q. So you refused the care of the ER patient with 10 the GI bleed because you felt University General 11 Hospital didn't have the capability to provide the GI 12 services that patient needed? 13 A. Correct. 14 Q. Was this before or after the care involved in 15 Mrs. Mejia's case? 16 A. I don't recall. 17 Q. Any other patients you recall that while you were 18 serving as the on-call surgical doctor for the hospital, 19 you refused to take on other that this one and 20 Mrs. Mejia? 21 A. I believe there may have been one other, but I 22 may be getting my hospitals confused. 23 Q. For this other patient, do you recall the reason 24 why you refused to take on that patient? 25 A. The patient had common bile duct stones. Page 99 1 Q. And what was it about the common bile duct stones 2 that you felt was your basis for refusing to take on 3 that patient? 4 A. That patient required a ERCP procedure and the 5 hospital did not have that. 6 Q. To your knowledge, did UGH have that capability? 7 A. No. No. 8 Q. You just can't remember whether it was UGH or 9 some other hospital? 10 A. Correct. 11 Q. Had a patient come in with common bile duct 12 stones, would that have been a patient that in your 13 opinion UGH had the facilities to handle? 14 A. No, that patient would've got transferred. 15 Q. All right. Now MR. SAWICKI: Tim, I thought I had more 17 copies. I only have one. 18 MR. RYAN: Can you just tell me what 19 you're MR. SAWICKI: Yeah, the physician's 21 agreement. UGH -- oh, I'm sorry. Hamilton 18 through (Exhibit Number 4 marked.) 24 MR. RYAN: Would you mind if I run down to 25 my office and get my copy? Page MR. SAWICKI: Sure. Sure. I'm sorry. I 2 thought I had more than one copy. 3 MR. RYAN: No, that's fine. And this was 4 produced in response to? 5 MR. SAWICKI: Our request for production. 6 MR. RYAN: Yeah, but supplemental responses? 7 MR. SAWICKI: Short answer is: I don't 8 know. 9 MR. JONES: I believe MR. SAWICKI: I got them from you. 11 MR. JONES: I believe this is the one with 12 the confidentiality clause issue. 13 MR. RYAN: Just a second. 14 MR. SAWICKI: You want to pause? 15 THE VIDEOGRAPHER: Yeah. Off the record at 16 1:40 p.m. 17 (Break taken from 1:40 p.m. to 1:41 p.m.) 18 THE VIDEOGRAPHER: Back on the record 19 1:41 p.m. 20 Q. (BY MR. SAWICKI) Okay. Doctor, I want to show 21 you Exhibit A. Okay. 23 Q. And specifically page six which I tried to mark 24 for you. 25 A. Okay. Page Q. Do you recognize that as your signature? 2 A. Yes. 3 Q. Okay. Is this the agreement for physician 4 services that you signed with UGH? 5 A. Yes. 6 Q. And does this date, April 1st of 2014, track with 7 your recollection of when you started providing those 8 services to UGH? 9 A. Yes. 10 Q. If you go through on page five, there's a section 11 that talks about notices. At the top it's paragraph 12 number 16. Do you see that? 13 A. Yes. I'm sorry. 14 Q. It -- it indicates where information is supposed 15 to be sent, and for the physician it lists, Covenant 16 Surgery Associates. Are you affiliated at all with 17 Covenant Surgery Associates? 18 A. Yes. 19 Q. In what capacity? 20 A. Co-owner. 21 Q. Okay. Is that the correct address for Covenant 22 Surgery Associates to receive notices to your knowledge? 23 A. That is a mailing address. 24 Q. Okay. Now, are you aware of any other agreements 25 or -- or contracts between yourself and anyone at UGH 26 (Pages 98 to 101)

28 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page regarding your services there? 2 A. Can you repeat the question? 3 Q. Sure. We've got Exhibit 4. What I'm wondering 4 about is: Are you aware of any other agreements that 5 are out there that describe your duties or your 6 responsibilities with respect to your director of -- 7 your medical director actions with UGH? 8 A. No. 9 Q. It would be this document, Exhibit 4, correct? 10 A. Yes. 11 Q. And what were you compensated for your services? 12 How were you compensated? 13 A. It's supposed to be $500 a day. 14 Q. Now, did this agreement set out the requirements 15 that you had to follow with respect to the work you were 16 doing for UGH? 17 MR. RYAN: Form. 18 A. I would say they're merely guidelines not, per 19 se, requirements. 20 Q. (BY MR. SAWICKI) Was there any agreement that 21 you made with someone at UGH that's not in writing that where they verbally outlined to you what the duties 23 and obligations of a medical director for the hospital 24 were? 25 A. No. Page Q. So, for example, as we go through Exhibit 4, the 2 second whereas paragraph -- lawyers love the word 3 "whereas." Do you see that? 4 A. You said 4? 5 Q. No. On Exhibit 4 the third paragraph down -- 6 A. Oh, okay. 7 Q. -- it starts out whereas. 8 A. Okay. 9 Q. It says, "UGHD desires to obtain the General 10 Surgery Coverage services of Physician for the 11 Hospital." You understood that this agreement required 12 you to provide that kind of surgery services, true? 13 MR. RYAN: Objection; form. 14 A. I understood that I was required to be general 15 surgery for the emergency room. 16 Q. (BY MR. SAWICKI) Is there anything in this 17 agreement, to your knowledge, that limits your services 18 to emergency room only coverage? 19 A. I don't believe it states it specifically in 20 this. 21 Q. Because I've looked through it. I don't see 22 emergency room ever even mentioned in this agreement. 23 To your knowledge, is it in here somewhere or is there 24 some reason why you think that is part of this 25 agreement? Page A. Because I was asked to take call for the ER. 2 Q. Okay. But are you aware of a limitation that 3 says your -- your -- your work for University General 4 under the agreement in Exhibit 4 was somehow just 5 limited to emergency room only? 6 MR. RYAN: Form. 7 A. It does not appear to be in this agreement. 8 Q. (BY MR. SAWICKI) Okay. Are you aware of any 9 verbal communication that someone gave you that limited 10 this agreement to that aspect of care, emergency room 11 only? 12 A. That's the only thing that I discussed with the 13 administration. 14 Q. Okay. 15 MR. HINES: Objection, nonresponsive. 16 Q. (BY MR. SAWICKI) Was there someone at the 17 administration who told you that your care as medical 18 director for the hospital was limited to emergency room 19 only? 20 A. And once again, I forget the name that recruited 21 me. But I was asked and he was one of the people 22 through the administration to take call for the 23 emergency room. They didn't have any staff to cover the 24 emergency room and that's what I agreed to verbally. 25 Q. All right. You don't recall the individual that Page said that? 2 A. The CEO knew because he was there. Chuck was 3 there and I don't remember -- recall the name. 4 MR. HINES: Objection, nonresponsive. 5 Q. (BY MR. SAWICKI) Well, Mr. Schuetz be -- if he's 6 asked the question, Mr. Schuetz, did you tell 7 Dr. Hamilton her services as medical director were 8 limited to emergency room surgical patients only, what 9 would you expect his answer to be? 10 A. Oh, he didn't tell me that. He was there when 11 the conversation was had. 12 Q. Oh. Do you recall, then, the identity of the 13 individual that you believe told you that your services 14 as medical director were limited to the emergency room 15 only? 16 A. He was the -- at the time the physician liaison 17 and he was over the ER call schedule at the time. So 18 I -- yeah. 19 MR. HINES: Objection, nonresponsive. 20 Q. (BY MR. SAWICKI) And do you remember that 21 individual's name? 22 A. No. 23 Q. Do you remember what he looked like? 24 A. Yes. He was a Caucasian male and I operated on 25 his mother. I can't think of the name right now. 27 (Pages 102 to 105)

29 Page Q. Okay. All right. Keep going with me on 2 Exhibit 4 here. There is a section one on that first 3 page. Do you see that? 4 A. Yes, number one. 5 Q. Okay. It says -- when I read it it says, 6 "General Surgery Coverage Services." Do you believe 7 that was limited to just the emergency room patients or 8 for the entire hospital? 9 A. I believe that was limited to the emergency room 10 but other physicians could consult me. 11 Q. Okay. Now, as part of this, when you signed it 12 you understood that you were to provide -- you were 13 being retained, rather, by UGHD as an independent 14 contractor to provide general surgery coverage services 15 as the medical director? Do you understand that? 16 A. I did not know what medical director was in this 17 sense, but, yes. 18 Q. Okay. 19 MR. HINES: Objection, nonresponsive. 20 Q. (BY MR. SAWICKI) You understood, though, that 21 you were being retained by UGH to provide general 22 surgery coverage as the hospital's medical director, 23 true? 24 MR. RYAN: Form. 25 A. I understood I was to provide general surgery Page the City of Dallas. Do you see that? 2 A. I do see that. 3 Q. Again, it says general surgery coverage. Do you 4 believe that means only for emergency room patients? 5 A. It was my interpretation at the time. 6 Q. Okay. And then it goes on to say, as well as 7 UGHD's or the hospital's bylaws, medical staff bylaws, 8 rules, regulations, guidelines, policies and procedures. 9 Do you see that? 10 A. Yes. 11 Q. You agreed to follow those, true? 12 A. I agreed that those were guidelines. 13 Q. But you agreed that you would perform your 14 services along -- in accordance, rather, in strict 15 accordance with those rules, bylaws, guidelines, 16 policies and procedures? 17 MR. RYAN: Form. 18 A. In most situations. 19 MR. HINES: Objection, nonresponsive. 20 Q. (BY MR. SAWICKI) In what situations did you not 21 have to perform your services as a physician and as the 22 medical director for UGH in strict accordance with the 23 hospital's bylaws, medical staff bylaws, rules, 24 regulations, guidelines, policies and procedures? 25 A. Depends on patient situations where clinical Page coverage. 2 Q. (BY MR. SAWICKI) Okay. And it says a little 3 further here, "And Physician accepts such 4 responsibility." Do you see that? 5 A. Yes. 6 Q. Did you accept that responsibility? 7 A. Yes. 8 MR. RYAN: Form. 9 Q. (BY MR. SAWICKI) You just believed that that was 10 limited only to emergency room patients; is that 11 correct? 12 A. Yes, that was my understanding. 13 Q. Now, if you turn to the second page, I want to 14 draw your attention to number five. Do you see that? 15 A. Yes. 16 Q. Compliance with Standards. Again, nothing in 17 here limits your compliance or your performance to just 18 emergency room care; is that true? 19 MR. RYAN: Form. 20 A. I do not see anything. 21 Q. (BY MR. SAWICKI) It does say that you shall 22 perform all services and duties under this agreement in 23 accord with the laws, rules, regulations, ordinances and 24 judicial and general surgery coverage interpretations 25 thereof, of the United States, in the State of Texas and Page judgment I felt in my opinion if it overruled those 2 bylaws, rules and regulations, guidelines, policies and 3 procedures. 4 Q. Did you ever do that? 5 A. Not that I recall. 6 Q. Okay. Turn to page three, if you would. There 7 is a paragraph at the top that says 10, Duration and 8 Termination. 9 A. Oh, yes. 10 Q. And it says here the first paragraph or the first 11 sentence on paragraph with a little A in parentheses. 12 It says, "This Agreement shall continue in effect 13 through March 31st, 2015, unless terminated sooner." Do 14 you see that? 15 A. Yes. 16 Q. Was your understanding and expectation that this 17 agreement would continue until that date, true? 18 A. Yes. 19 Q. Had you been given any notice that the written or 20 verbal that the -- this agreement was not in effect back 21 in June of 2014? 22 A. No. 23 Q. Okay. Now, I want to go to section -- it's on 24 Exhibit A. It's further down. 25 A. Okay. 28 (Pages 106 to 109) lectronically signed by Lei Sherra Torrence ( )

30 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page 110 Page Q. Exhibit A is a section that's -- that's 2 referenced in the body of the agreement and it's titled 3 Physicians Duties and Responsibilities. Do you see 4 that? 5 A. Yes. 6 Q. You agree with me that these are the duties and 7 responsibilities you agreed to perform when you signed 8 Exhibit 4, this agreement for the physician's services? 9 MR. RYAN: Form. 10 A. I agreed to follow them. 11 Q. (BY MR. SAWICKI) Now, is this section which 12 would pertain to what your duties and responsibilities 13 were limited in any way, shape or form to just emergency 14 room patients? 15 MR. RYAN: Form. 16 A. At the time it was my understanding. I do not 17 see it written here. 18 Q. (BY MR. SAWICKI) Okay. 19 MR. HINES: Objection, nonresponsive. 20 Q. (BY MR. SAWICKI) So would you agree with me that 21 Exhibit A which outlines your physician's duties and 22 responsibilities as medical director of University 23 General Hospital Dallas is not -- does not limit your 24 work to emergency room patients only? 25 MR. RYAN: Form. 1 read that for me? 2 A. Assure adequate monitoring of hospital's patients 3 receiving General Surgery Coverage Services at UGHD 4 based upon established protocols, policies and 5 procedures. 6 Q. Is that limited at all to emergency room 7 patients? 8 A. I feel that was limited to my -- my patients that 9 I was providing general surgery coverage to. 10 MR. HINES: Objection, nonresponsive. 11 Q. (BY MR. SAWICKI) And let me ask you why you feel 12 that way when the part that I read says assure adequate 13 monitoring of hospital's, possessive s, patients. Do 14 you interpret that to mean just your patients? 15 A. Yes. There's multiple surgeons there that have 16 patients. I'm not responsible for their patient when 17 I'm on call. 18 Q. Okay. C, what does it mean to facilitate 19 communications among physicians who admit patients to 20 University General Hospital Dallas for General Surgery 21 Services? 22 A. I'm not sure. 23 Q. With respect to a patient undergoing a 24 laparoscopic cholecystectomy, would that be something 25 that falls under emergency care or general surgery care? 1 Q. (BY MR. SAWICKI) Is that a true statement? Page MR. RYAN: Form. 3 A. I would disagree. That was not my understanding. 4 MR. HINES: Objection, nonresponsive. 5 MR. SAWICKI: Yeah, and let me join that 6 objection. 7 Q. (BY MR. SAWICKI) Here's my question, ma'am: 8 Point out for me in Exhibit A of Exhibit 4 the sections 9 you believe demonstrate that your services as medical 10 director of the University General Hospital Dallas were 11 limited to just emergency room patients. 12 MR. RYAN: Form. 13 A. I do not see it on Exhibit A. 14 Q. (BY MR. SAWICKI) Okay. You would agree with me 15 it's not there, true? 16 A. Yes, I do not see it. 17 Q. By contrast, A says what? Can you read that for 18 me? 19 A. "Provide monthly call coverage on a 24 hour 20 basis." 21 Q. Is that limited at all to just emergency room 22 care? 23 A. It was under my understanding, yes. 24 MR. HINES: Objection, nonresponsive. 25 Q. (BY MR. SAWICKI) Okay. And then B, could you Page MR. RYAN: Form. 2 A. I think it depends. 3 Q. (BY MR. SAWICKI) On what? 4 A. The patient. 5 Q. In this case, Mrs. Mejia, do you believe that she 6 was receiving general surgical care or emergency care? 7 MR. RYAN: Form. 8 A. General surgery. 9 Q. (BY MR. SAWICKI) Why do you feel like Mrs. Mejia 10 was receiving general surgery care as opposed to 11 emergency care? 12 A. And this is from peer review. 13 Q. Well, again, I don't want to ask you about peer 14 review. 15 A. Oh. 16 Q. Independent of peer review, why do you believe 17 Mrs. Mejia was receiving general surgery care rather 18 than emergency care? 19 A. Then I cannot answer MR. RYAN: If you can't answer the question 21 because it's all -- your impressions are only formed by 22 what you saw in peer review or reviewed in peer review, 23 then you can't answer the question. 24 A. Then I can't answer. 25 Q. (BY MR. SAWICKI) Okay. And if I were to ask you 29 (Pages 110 to 113)

31 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page what the duty and responsibility of facilitating 2 communications among physicians who admit patients to 3 the University General Hospital Dallas for general 4 surgery services, can you give me an example of what 5 that means or explain to me what that duty and 6 responsibility actually means? 7 A. It would just be my understanding that if there 8 was a patient who required general surgery then the 9 admitting doctor and the general surgeon would 10 communicate the issues. 11 Q. If you had a concern that a hospital patient 12 required or potentially required care that the hospital 13 was not equipped or capable of providing, would that be 14 a communication that you would feel you have a duty or 15 responsibility to make to the physicians who had 16 admitted the patient? 17 MR. RYAN: Form. 18 A. That would be a potential communication. 19 Q. (BY MR. SAWICKI) Maybe because in this case 20 you -- when you first got the call from Mr. Schade the 21 condition of her condition made you concerned enough 22 that you were uncomfortable about taking her care at 23 all, correct? 24 A. Correct. 25 Q. And you were concerned enough that you didn't Page want to take on her care because you thought she should 2 be transferred to another facility, correct? 3 A. For multiple reasons, correct. 4 Q. Did you tell Dr. Schade that? 5 A. I didn't get a chance to. 6 Q. Did you tell any other doctor that? 7 A. I didn't speak with any other doctors. 8 Q. Did you pick up the phone and call the critical 9 care doctor, and say, hey, in my opinion, Mrs. Mejia 10 should be at a different facility where they can care 11 for her? 12 A. I didn't have access to those doctors nor did I 13 know who the doctors were. 14 Q. You did call the op -- the ICU nurse, correct? 15 A. Correct. 16 Q. Did you tell the ICU nurse, hey, Mrs. Mejia needs 17 to be transferred to a different facility that can care 18 for her? 19 A. I mentioned, sounds like this patient needs to be 20 transferred. 21 Q. Okay. When you say you mentioned, what do you 22 mean? 23 A. Just that. 24 Q. Can you A. When we spoke I said, sounds like this patient Page needs to be transferred -- and actually, I did say that 2 to Dr. Schade on our second conversation. 3 Q. Okay. All right. We haven't gotten in the 4 second conversation. 5 A. Okay. Sorry. 6 Q. I'll make a note. That's the 4:15? 7 A. Yes. 8 Q. I'm going to skip number D. 9 A. Okay. 10 Q. I want to go to E. Did you ever as medical 11 director for University General Hospital Dallas review 12 and approve incident reports? 13 A. No. 14 Q. Did you ever assist in investigations? I'm not 15 asking you about the substance of them or what they 16 were, but did you ever carry out that role? 17 A. No. 18 Q. I want to skip F. I want to go to -- well, let 19 me ask you about F. Did you ever carry out that duty or 20 responsibility in any way, shape or form? 21 A. No. 22 Q. Same question for G. Did you ever participate in 23 or comply with the company's corporate compliance plan? 24 A. No. 25 Q. Did you do anything with regard to duty, H, Page promote the community and physician's awareness of the 2 facility's General Surgery Coverage? 3 A. Yes. 4 Q. What did you do in that regard? 5 A. We went marketing to primary care doctors in the 6 area. 7 Q. Okay. Now, what's an activity report? 8 A. An activity report is essentially stating the 9 hours I worked, the day and potential operations or 10 admissions. 11 Q. It's one of the duties under Exhibit 4 the 12 agreement that you have with UGH to prepare those types 13 of reports; is that correct, for your actions? 14 A. I believe it was. 15 Q. And in Exhibit B, which is the next page from 16 where we were, there's a blank thing that just says 17 Activity Report Form. It's a big blank page. So the 18 form appears to be a blank page. Had you ever seen an 19 actual form for this? 20 A. No. 21 Q. Did you use any kind of actual form to perform 22 this type of note taking or recordkeeping? 23 A. Just almost like a square with boxes, put the 24 date, the hour. 25 Q. Do you recall filling out something like that for 30 (Pages 114 to 117)

32 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page 118 Page the month of June of 2014? 2 A. Probably. I would fill it out almost after my 3 shifts to submit for payment almost like a timesheet. 4 Q. For the time that you were there, did you receive 5 calls for consults at home or outside of being 6 physically present in the hospital on other patients? 7 A. When I was on call? 8 Q. Starting -- yeah. From when you were -- in 9 April of 2014 up through the time when this agreement 10 with University General ended, did you provide 11 consultation or work where you responded to a call from 12 the hospital or someone at the hospital about a patient 13 and discussed the patient or got involved in the 14 patient's care? 15 MR. RYAN: Form. 16 A. Yes. 17 Q. (BY MR. SAWICKI) How did you account for that 18 type of activity when you did with respect to the 19 activity report form? 20 A. I don't think I did. 21 Q. Would you be -- were you required at all, if you 22 took a phone call at home for a consult or some other 23 activity, to make any kind of time notation about the 24 time associated or the patient associated? 25 A. No. 1 A. Honestly I can't -- I wouldn't be able to say 2 exactly. 3 Q. (BY MR. SAWICKI) It's been produced to us by the 4 hospital as the bylaws that pertain to transferring the 5 care of a patient from one doctor to another. 6 A. Okay. 7 Q. Have you ever seen this document before? 8 A. I cannot recall if I -- I cannot recall. 9 Q. Okay. With respect to it, going back to 10 Exhibit 4, would you agree with me that the physician's 11 agreement, when you became the medical director of the 12 University General Hospital, required you to follow the 13 hospital's staff rules and regulations? 14 A. Yes. 15 Q. And if this in Exhibit 5 is what it's been 16 represented to me to be one of University General 17 Hospital's medical staff rules and regulations, would 18 you agree with me you were responsible for following it? 19 MR. RYAN: Form. 20 A. I would say they were guidelines for me to 21 follow. 22 Q. (BY MR. SAWICKI) Okay. Did you have at the time 23 an alternate doctor that would cover for you if you were 24 unavailable or couldn't be at the hospital to care for 25 one of your own patients? Page Q. Would the activity report form reflect any of 2 your actions if we were to get it for June of 2014? 3 Would that report form reflect any of the activities 4 that we've been talking about with respect to 5 Mrs. Mejia? 6 A. No. 7 Q. Do you recall having seen any other patients that 8 day, June 27th of 2014? 9 MR. RYAN: Form. 10 A. I do not recall the specifics of a patient. 11 Q. (BY MR. SAWICKI) Do you recall whether you had a 12 full patient load given your status of being pregnant? 13 A. I purposely did not, but I did round on June 27th 14 because I was at the hospital before I got the call. So 15 I was at UGH rounding on a patient or two. 16 Q. Would the activity report for that day reflect 17 those types of rounding? 18 A. No. It just really reports the day that I took 19 call. It didn't go into specifics. 20 Q. Okay. Now, I'm going to show you Exhibit (Exhibit Number 5 marked.) 22 Q. (BY MR. SAWICKI) And I know we don't have the 23 , but is this the bylaw that was sent to you when 24 you asked Ms. Cleveland the bylaws? 25 MR. RYAN: Let me have that, please. Page A. Yes. 2 Q. Who was your alternate? 3 A. Dr. Alexander. 4 Q. And what is Dr. Alexander's relationship to you, 5 if any? 6 A. A partner. 7 Q. At Covenant, correct? 8 MR. RYAN: Form. 9 A. Yes. 10 MR. RYAN: Withdraw the objection. Excuse 11 me. 12 Q. (BY MR. SAWICKI) And with respect to that, is he 13 still a partner with you? 14 A. Yes. 15 Q. How long have you been partners with 16 Dr. Alexander? 17 A. A year and a half. 18 Q. And did Dr. Alexander have any relationship with 19 University General Hospital, like your own, in Exhibit 4 20 where he was retained to provide any kind of services 21 for the hospital to your knowledge? 22 MR. RYAN: Form. 23 A. Yes. 24 Q. (BY MR. SAWICKI) What was the agreement he had? 25 A. The same. 31 (Pages 118 to 121)

33 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page Q. The same as what you have essentially in 2 Exhibit 4, correct? 3 A. Yes. We alternated. 4 Q. Were you both considered to be medical directors 5 of University General Hospital Dallas, general surgery? 6 A. I believe so. 7 Q. With respect to when we're looking at Exhibit 5, 8 I want to draft your -- or draw your attention in -- on 9 the first page. There's a section titled 1.6. Do you 10 see that? 11 A. Yes. 12 Q. Can you read the very last sentence of 1.6 for 13 me? 14 A. In case -- "In the case the alternate is not 15 available or has not been appointed, the CEO or the 16 Chief of Staff shall have the authority to call any 17 other member of the staff to attend the patient." 18 Q. Okay. Had you read that bylaw before today? 19 A. Yes. 20 Q. When was it -- when did you first read that 21 bylaw? 22 A. I don't recall. 23 Q. Do you believe this section was in effect back in 24 June of 2014? 25 MR. RYAN: Form. Page A. I am unsure. 2 Q. (BY MR. SAWICKI) In other words, is there 3 anything about this that you look at it and say, hey, 4 this looks different than what I remember the way things 5 were back in June of 2014? 6 MR. RYAN: Form. 7 A. I can't recall word for word. 8 Q. (BY MR. SAWICKI) All right. Section 1.6, if I'm 9 understanding it correctly, requires each practitioner which would include you, true, if you were a 11 practitioner working at the hospital? 12 A. Requires. Requires what? I'm sorry. 13 Q. Well, 1.6 requires each practitioner to name 14 another member of the staff as an alternate. Do you see 15 that? 16 A. That was under my understanding. I was verbally 17 told that. 18 Q. Okay. And that's what it actually says right 19 here. "Each practitioner shall name another member of 20 the staff as an alternate to be called to attend their 21 patients in an emergency." What does that mean to you? 22 A. It means that you need to have someone that 23 covers you. 24 Q. What does it mean if that person is called to 25 cover for you? Page A. It means that they would take care of my patients 2 as -- in my absence. 3 Q. Okay. Then it goes on and it says, "In an 4 emergency when the attending practitioner is not 5 available or until the attending practitioner can be 6 present." What does that mean to you? 7 A. For example, on maternity leave he took over all 8 of my patients. 9 Q. Okay. And then it goes on, "In the case of a 10 medical emergency, the designated alternate shall be 11 called." Do you see that? 12 A. Yes. 13 Q. What does that mean to you? 14 A. If I'm unavailable for one of my patients 15 emergently, they call my partner. 16 Q. Okay. So that would be if you were -- would lead 17 up to being a mother, if something had happened to you, 18 your alternate was Dr. Alexander, and whether you were 19 being rushed to your OB/GYN's office or home sick or 20 whatever the reason was, the alternate, in this case, 21 Dr. Anderson [sic], would be required to come in to care 22 for your patients, true? 23 MR. RYAN: Form. 24 A. Dr. Alexander. I don't know if he'd be required 25 to come in, but he would be my alternate and could be Page called upon to cover me. 2 Q. (BY MR. SAWICKI) Okay. And then what would 3 happen if Dr. Alexander couldn't be found or couldn't 4 come in? 5 MR. RYAN: Form. 6 A. I'm not sure. 7 Q. (BY MR. SAWICKI) Well, let's look -- look at the 8 last sentence. What does it say? 9 A. "In the case the alternate is not available or 10 has not been appointed, the CEO or the Chief of Staff 11 shall have the authority to call any other member of the 12 staff to attend the patient." 13 Q. Okay. What does it mean to attend the patient? 14 MR. RYAN: Form. 15 A. It could mean multiple things. I'm not sure what 16 it means here. 17 Q. (BY MR. SAWICKI) Well, what do you believe 18 "attend the patient" means within the context of the 19 agreement and the rules and regulations for the hospital 20 where you were the medical director? 21 A. It could mean MR. RYAN: Form. 23 A. -- to be asked to see the patient, to consult on 24 the patient, to give opinion on the patient, multiple 25 meanings. 32 (Pages 122 to 125)

34 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page 126 Page Q. (BY MR. SAWICKI) Is there something in this 2 particular section that you believe gives the -- well, 3 let me back up. 4 Do you know who Dr. Bianco's alternate was? 5 A. No. 6 Q. (BY MR. SAWICKI) Do you know if there was an 7 alternate available other than yourself for Dr. Bianco? 8 A. I'm not sure. 9 Q. Do you know if there had been an alternate for 10 Dr. Bianco appointed by anyone? 11 A. I'm not sure. 12 Q. So if there wasn't an alternate available or one 13 appointed, again, the next part is the CEO or Chief of 14 Staff. Do you see that? 15 A. Yes. 16 Q. The CEO at the time, is that Mr. Schuetz? 17 A. Yes. 18 Q. The Chief of Staff at the time, was that 19 Dr. Schade? 20 A. Yes. 21 Q. So we can insert Dr. Schade for Chief of Staff. 22 Dr. Schade shall have the authority to call any other 23 member of the staff. Do you see that? 24 A. Yes. 25 Q. Were you a member of the staff? 1 MR. RYAN: Form. 2 A. I believe they would be guidelines. 3 Q. (BY MR. SAWICKI) Okay. And then I want you to 4 turn to page eight of twelve a couple of more in. 5 A. Okay. 6 Q. We're still talking about conduct of care. It's 7 number three point whatever. That's that same section. 8 Do you see that? 9 A. Yes. 10 Q. Because number four is Community Disaster Plan. 11 I don't want to talk to you about that. Do you see 12 that? 13 A. Yes, I see number four. 14 Q. Look at section A. Okay. 16 Q. Read along with me. "In the absence of the 17 physician when no alternate of call coverage has been 18 arranged, the chairman of the department shall have the 19 authority to call on any member of the medical staff to 20 assume care of the patient until another physician is 21 available." Do you see that? 22 A. Yes. 23 Q. Would that be a rule and regulation that would 24 have pertained to you back in June of 2014 as a medical 25 director for University General Hospital? Page A. Yes. 2 Q. Did Dr. Schade -- Schade have the authority to 3 call you to attend the patient? 4 A. He can request I see the patient. I do not have 5 to accept. 6 Q. And what part of this says that you don't have to 7 accept? 8 MR. RYAN: Objection; form. 9 A. In my understanding a physician does not have to 10 accept the patient if they don't feel like they have the 11 resources or the hospital has the resources. 12 MR. HINES: Objection, nonresponsive. 13 Q. (BY MR. SAWICKI) Well, let me talk -- let me ask 14 you to turn to, first, page six of twelve. 15 A. Okay. Okay. 16 Q. And subhead is three. It says in bold, General 17 Conduct of Care. 18 A. Okay. 19 Q. Do you see that? 20 A. Yes. 21 Q. And this, as I understand it from reading through 22 the document, sets out the rules and regulations for 23 University General Hospital staff members for their 24 general conduct of care. Do you believe that to be the 25 case as well? Page MR. RYAN: Form. 2 A. It's a guideline. 3 Q. (BY MR. SAWICKI) Okay. Would you agree with me 4 that the chair of a department has the authority, or had 5 back then, in June of 2014, the authority to call on any 6 member of the medical staff to assume care of the 7 patient until another physician is available? 8 A. That's what it says here. 9 Q. What does it mean to assume care of the patient? 10 MR. RYAN: Form. 11 A. I believe that term in this sense would mean to 12 assume care, take over the care. 13 Q. (BY MR. SAWICKI) Do you believe or do you recall 14 when Dr. Schade said that the bylaws gave him the power, 15 the authority to call on any member of the medical staff 16 to assume the care of Mrs. Mejia, the patient, that he 17 was referencing section 3.12 on page eight? 18 MR. RYAN: Form. 19 A. He could've been. 20 Q. (BY MR. SAWICKI) And did you point out to him 21 within Exhibit 5 any section that says while it says the 22 chair of the department has the authority to call on any 23 member of the medical staff, that didn't apply to you 24 unless you chose to? 25 MR. RYAN: Form. 33 (Pages 126 to 129)

35 Page A. I felt like his decision didn't supersede my 2 clinical judgment or my comfort level. 3 Q. (BY MR. SAWICKI) What other surgeons were 4 available to your knowledge at University General 5 Hospital to provide this care if you refused to do it? 6 A. I know the hospital had a chief of surgery. 7 Q. Who was that? 8 A. I'm not sure. I know they had one, and I know 9 there were other general surgeons that had staff 10 privileges at University of General Hospital. 11 Q. Were there any other members of University 12 General Hospital that were employed kind of like what 13 you have with Dr. Alexander and yourself and a written 14 agreement like we see in Exhibit 4 to provide general 15 surgery coverage to the hospital? 16 MR. RYAN: Form. 17 A. I don't know the specific names, but I know they 18 had other people taking call. 19 Q. (BY MR. SAWICKI) Do you know how many other 20 people? 21 A. No. 22 Q. Do you know any other person that was taking call 23 back in June of 2014 for general surgery coverage other 24 than yourself and Dr. Alexander? 25 A. I knew Dr. Bianco was taking call. Page break for Eric. 2 THE VIDEOGRAPHER: Off the record 2:16 p.m. 3 (Break taken from 2:16 p.m. to 2:25 p.m.) 4 THE VIDEOGRAPHER: This begins media number 5 three. Back on the record at 2:25 p.m. 6 Q. (BY MR. SAWICKI) Ma'am, are you ready to 7 continue? 8 A. Yes. 9 Q. All right. Now, before the break we were looking 10 at Exhibit 6, the call sheet. Do you have any knowledge 11 of why your name might have been crossed out with the 12 name written in again for this time frame? 13 A. No. 14 Q. Do you know where this particular document was 15 kept or how it was kept? 16 A. I know there was a copy in the OR. 17 Q. Do you know who would've been responsible for 18 filling this particular document out? 19 A. No. 20 Q. There's a notation on the 29th at the bottom, per 21 House, do not call Bianco due to suspended privileges, 22 with a phone number. Do you know whose phone number 23 that is? 24 A. That's our office number. That's the number to 25 Covenant. Page Q. Okay. And anyone other than those three? 2 A. Not off the top of my head. 3 MR. HINES: Mike, when you get to a stopping 4 point I could use a break. 5 MR. SAWICKI: Give me two seconds. 6 MR. HINES: Sure. 7 MR. SAWICKI: Because I thought I had it 8 right in front of me. Here it is. 9 (Exhibit Number 6 marked.) 10 Q. (BY MR. SAWICKI) Let me show you real quick 11 before we take a break, Exhibit 6, which is UGH 0358 and 12 I just want to ask you, do you know what that is? 13 A. This looks like a call schedule for June. 14 Q. And if we look on it for the 27th of June, whose 15 name is there? 16 A. Dr. Hamilton. 17 Q. Do you know who that is? 18 A. It's myself. 19 Q. And there's a phone number that's crossed 20 through, but do you recognize the 210 phone number 21 that's there? 22 A. Yes. 23 Q. Whose number is that? 24 A. That's my cell number. 25 MR. SAWICKI: Okay. Let's take a quick Page Q. Okay. Do you know why Covenant's number is on 2 that particular note? 3 A. No. 4 Q. Do you recognize the handwriting of whomever 5 wrote per House S. do not call Bianco? 6 A. No. 7 Q. Now, do you have records that show the calls you 8 received and your discussions regarding Mrs. Mejia with 9 Dr. Schade? 10 MR. RYAN: Form. 11 A. I have a phone record showing some calls Q. (BY MR. SAWICKI) Okay. 13 A. -- on that day. 14 Q. Okay. Is that what we have here in Exhibit 7? 15 (Exhibit Number 7 marked.) 16 A. Yes. 17 Q. (BY MR. SAWICKI) What is that with respect to 18 Exhibit 7, Hamilton 14 and 15? What is it in Exhibit 7 19 that shows those calls? Help me out. 20 MR. RYAN: Form. 21 A. I don't recognize all the numbers but number 302, 22 I believe, was an incoming call from Dr. Schade. 23 Q. (BY MR. SAWICKI) So are we looking on the 27th? 24 A. Yes. I believe that's the date that you were 25 asking about. 34 (Pages 130 to 133) lectronically signed by Lei Sherra Torrence ( )

36 Page Q. Okay. And we've got a number oh, you're 2 referencing the numbers along the left-hand side? 3 A. Yes. 4 Q. Okay. And what is it about 302 that shows 5 something about this case? 6 A. That was Dr. Schade's number. 7 Q. Is this the first conversation that we've been 8 talking about where Dr. Schade told you to take over and 9 you've told me about the concerns you've had? 10 A. Yes. 11 Q. All right. What's the next call? Who's that to 12 at 4:02? 13 MR. RYAN: Form. 14 A. I don't -- that's -- that's UGH's number. That's 15 their, like, general line. I don't -- I don't remember 16 what that was. 17 Q. (BY MR. SAWICKI) Do you know who you talked to 18 or was that -- was that a call to you or a call made by 19 you? 20 A. Well, it says it was a call -- I'm assuming 21 because it doesn't say incoming, it was a call I must 22 have made. 23 Q. Do you remember who you called at 4:02 after 24 Dr. Schade called you? 25 A. No. Page instruction? 2 A. Yes. 3 Q. Okay. See, the question I'm having is at this 4 point in time, if I understood you earlier, you had 5 already refused to take the patient, correct? 6 A. I don't recall the exact chain of events. 7 Q. Okay. Well, when did you tell Dr. Schade you 8 refused to take the patient? Was it in the first call 9 or the second call? 10 A. I don't recall which one it was. 11 Q. And you were talking to your husband at this 12 point in time after talking to somebody, we're not 13 really sure who, at UGH, but you were at least talking 14 with your husband about concerns about Mrs. Mejia; is 15 that true? 16 A. No, not necessarily. 17 Q. It could've been something else? 18 A. Could've been something else. 19 Q. All right. And because of the privilege you 20 don't want to reveal that, correct? 21 A. Correct. 22 Q. Now, the next call, then, at number 305, is that 23 Dr. Schade again? 24 A. 305, I do not believe so. 25 Q. Who's the incoming call at 4:08? Page Q. Is this the call to the ICU nurse that you 2 described earlier? 3 MR. RYAN: Form. 4 A. It may have been. I didn't think it was that 5 early honestly. I didn't think it was that -- I thought 6 -- I don't think that was the call. 7 Q. (BY MR. SAWICKI) Do you recall talking to anyone 8 else at UGH that day about other patients or other 9 issues? 10 A. Probably. I had other patients in the hospital. 11 Q. What's your best recollection as to what entry references? 13 A. I don't know. 14 Q. All right. What's the next one, Newport News, 15 Virginia? 16 A. That's my husband. 17 Q. Why did you call your husband at 4:06? 18 A. I think I was probably talking to him about the 19 situation. 20 Q. And what was it you were telling your husband 21 about the situation at 4:06? 22 MR. RYAN: I'll object -- object and 23 instruct you not to answer. That's privileged spousal 24 communication. 25 Q. (BY MR. SAWICKI) Are you going to follow that Page A. I believe that was a call from a nurse. 2 Q. What nurse is calling you at 4:08? 3 A. If I remember correctly, this was the call from 4 Rika Palmer. 5 Q. Who is Rika Palmer? 6 A. She's a nurse at UGH. 7 Q. Why was Ms. Palmer calling you? 8 A. She at this point was calling to warn me that I 9 was going to be asked or forced to take this patient. 10 Q. Okay. Tell me who Ms. Palmer is first. 11 A. A nurse at UGH, that's all I know. 12 Q. And why was it -- what was your relationship with 13 Rika Palmer that she would be calling you to warn you 14 that you were going to be asked to take this patient? 15 A. She did a lot of things in the OR. She 16 scheduled, she was also a type of liaison sometimes 17 between me and either the administration or the hospital 18 or Q. Was she a friend of yours? 20 A. She was a colleague. 21 Q. I guess what I'm trying to figure out is: Did 22 she have the ability to tell you what patients you 23 wanted to take and what patients you didn't want to take 24 over on? 25 A. No one has that ability except myself. 35 (Pages 134 to 137) lectronically signed by Lei Sherra Torrence ( )

37 Page Q. Did she call you about patients in the past to 2 warn you about taking over their care? 3 A. No. 4 Q. Was this the first time she called you with such 5 a piece of information? 6 A. That particular piece of information, yes. 7 Q. And did you ask her, hey, Ms. Palmer, why is it 8 you're calling me about not even 10 minutes after 9 Mr. Schade called me about this patient? 10 MR. RYAN: Form. 11 A. No. She wasn't talking to me about the patient. 12 She was talking to me specifically about Dr. Schade. 13 Q. (BY MR. SAWICKI) Well, let me ask it this way 14 then: Why did Ms. Palmer say I'm taking it upon myself 15 to call you at home about Dr Schade? 16 MR. RYAN: Form. 17 A. I'm not sure. 18 Q. (BY MR. SAWICKI) Well, let's go at it this way 19 then. Tell me everything you remember Ms. Palmer told 20 you about why she called you. 21 A. She just wanted to warn me. 22 Q. And what was it she said why she wanted to warn 23 you? 24 MR. RYAN: Form. 25 A. She -- she had heard there was an event with Page you? 2 MR. RYAN: Form. 3 A. She had heard, I guess, some of the details of 4 the case about the patient over the past couple of days 5 and she also, I guess, knew that the family was upset. 6 Q. (BY MR. SAWICKI) What were the details she had 7 heard of over the past couple of days? 8 A. That same. That she had had a surgery and was 9 taken back for a complication. 10 Q. You talked with her about seven minutes. What 11 else did you speak with her, Ms. Palmer, about? 12 MR. RYAN: Objection; form. 13 A. That's all that I can recall. 14 Q. (BY MR. SAWICKI) As a result of this 15 conversation, did you have any concerns about your 16 involvement with Mrs. Mejia? 17 A. I had already had concerns prior to talking to 18 her. 19 Q. What did this -- this call do to those concerns, 20 if anything? 21 A. Nothing. 22 Q. Who's the next call at 4:16 about -- well, that 23 would've been right after you got off the phone with 24 Ms. Palmer. Who would that be? 25 A. Dr. Schade. Page Dr. Bianco and he was being suspended and apparently 2 Dr. Schade was trying to make me take the patient. 3 Q. (BY MR. SAWICKI) What did she say was the reason 4 why she decided to call you with this information? 5 MR. RYAN: Form. 6 A. She did not say. 7 Q. (BY MR. SAWICKI) Was your relationship one that 8 she would call you with information that could affect 9 your -- your patients or your practice or your decision 10 to -- to get involved in a case? 11 A. No, not decisions. 12 Q. Was she someone -- I guess what I'm trying to 13 figure out is, is she someone that you had some kind of 14 a relationship with where she would be looking out for 15 your best interest in calling you with a piece of 16 information like this? 17 A. Not necessarily. I just met her when I started 18 at the hospital. 19 Q. And how long had you known her before this call? 20 A. Two months. 21 Q. What was her tone of voice when she called you? 22 A. Almost -- she almost -- it was like cautious if 23 there's a type of tone that is, but, yeah. 24 Q. When you say she was warning you about getting 25 involved, what was the specific warning she was giving Page Q. So the Grand Prairie, Texas number (972) is Dr. Schade? 3 A. I believe so. 4 Q. Okay. And what was on -- what was the discussion 5 at that point in time? 6 A. That I need the bylaws, sounds like this patient 7 needs to transfer, I don't feel comfortable. Similar. 8 Q. Did your conversation with Ms. Palmer come to an 9 end where you hung up and then Dr. Schade called or did 10 that call from Dr. Schade interrupt the conversation 11 with Ms. Palmer? 12 A. The conversation ended. 13 Q. So your phone's been ringing pretty consistently 14 since 3:56 today -- that day, true? 15 A. It appears so. 16 Q. So is this conversation at -- my eyes are so bad. 17 A. It's small print. 18 Q. Yeah. So this is the 306 entry, this is Schade 19 again, correct? 20 A. Yes. 21 Q. Okay. And that two-minute conversation, is that 22 where you said you were not taking over the patient? 23 A. Yes. 24 Q. Is that where you said the patient really needed 25 to be transferred to a different facility? 36 (Pages 138 to 141) lectronically signed by Lei Sherra Torrence ( )

38 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page A. I believe that was the conversation in the second 2 conversation. 3 Q. Do you recall anything else about what Dr. Schade 4 said at that time? 5 A. I did request for the bylaws and I believe one of 6 the last things that he said was I'll have -- I forgot 7 the lady's name in credentialing send you the bylaws. 8 Q. Did you say good-bye or was -- did someone hang 9 up on somebody or how did the conversation end? 10 A. I don't recall. 11 Q. And the next call is, again, to your husband; is 12 that correct? 13 A. Yes. 14 Q. Do you remember anyone else being involved other 15 than your husband at that time? 16 A. Involved Q. On that phone call for the next seven minutes? 18 A. No. 19 Q. And then after you get off the phone with your 20 husband who is Miami, Florida? 21 A. I don't -- I don't remember. 22 Q. Do you know anyone in Miami, Florida? 23 A. No, but everybody has different you 24 know -- everybody's number is different. They don't 25 live in the same places anymore. Page Q. Do you have any idea who this individual might 2 be? 3 A. No. 4 Q. Is this the -- could this be the ICU nurse that 5 you said you talked to earlier about her condition and 6 were told that she was stable and -- 7 A. I don't believe that was her. 8 Q. Okay. Then the next call at 309, who is that? 9 A. I believe that's my partner. 10 Q. Is that Alexander? 11 A. Yes. 12 Q. What was it you were talking with him about at 13 this point? 14 A. I believe the similar situation, but I don't know 15 if I got in contact with him. 16 Q. Similar situation meaning what? 17 A. Meaning I've been asked to take this complicated 18 patient. I know I'm not going to be able to care for 19 her, so it would fall on you when I go on maternity 20 leave. At some point we had that conversation. I don't 21 know if that was the time frame or if it was after. 22 Q. What did Dr. Alexander say you should do? 23 A. He didn't tell me what to do. I asked him would 24 he take this patient in the event that I couldn't take 25 the patient. Page Q. And what did he say? 2 A. He did not feel comfortable. 3 Q. Did he say why? 4 A. He did not say why except for the fact that same 5 kind of -- she needs to be -- she needs to be 6 transferred. 7 Q. Did he say anything about Dr. Bianco? 8 A. No. 9 Q. What's the next call immediately after that call 10 ended? 11 A. That must be the ICU. 12 Q. The (214) ? 13 A. Because that's the general phone line to the 14 hospital. 15 Q. So would this have been the first call where you 16 had a discussion with someone about Mrs. Mejia's actual 17 condition? 18 A. Yes. 19 Q. Would this been the first call where someone told 20 you she was stable? 21 A. Yes. 22 Q. Would this have been the first call where someone 23 said she wasn't bleeding or in any immediate distress? 24 A. I don't agree with that. Dr. Schade didn't said she wasn't bleeding actively. Page Q. Well, what I -- 2 A. He couldn't give me that much information, 3 though. 4 Q. Okay. So -- but I guess what I'm trying to 5 figure out is at this 4:31 time frame, is this the first 6 time someone substantively reviewed with you 7 Mrs. Mejia's condition? 8 A. Yes. 9 Q. And at that point in time, am I correct, you were 10 of the opinion she was in no immediate need for any kind 11 of emergent care? 12 A. Based on the vitals that were relayed to me, she 13 was stable. I did not feel it was an emergency. 14 Q. Did you feel like she needed to be transferred? 15 A. I did. 16 Q. Now, let me make sure of something. Earlier when 17 Dr. Schade called you, did he indicate that the patient 18 had any kind of emergency needs? 19 A. No. 20 Q. The patient was basically stable and in good 21 condition? 22 MR. RYAN: Form. 23 A. He didn't say that either. 24 Q. (BY MR. SAWICKI) Well, what condition did he 25 relate to you she was in? 37 (Pages 142 to 145)

39 Page A. He didn't. He just said she had a surgery and 2 she's now in ICU and I asked, I said, is she bleeding -- 3 is she actively bleeding. He said, no. He pretty much, 4 he couldn't give -- he just told -- he couldn't give me 5 any information. He said call the nurse. Essentially 6 she has no surgeon. 7 Q. So if she's stable, not bleeding and in the ICU 8 with no one expressing any concerns about any emergent 9 need, what was it about what was relayed to you about 10 her condition that made you uncomfortable about becoming 11 involved in her care? 12 MR. RYAN: Form. 13 A. I didn't want to assume a complicated patient 14 from another surgeon. 15 Q. (BY MR. SAWICKI) Well, what was it about if they 16 told you she was stable, she wasn't bleeding, there was 17 no emergency, she's in the ICU, what was it about that 18 that led you to conclude she was a complicated patient? 19 A. Well, she was on the vent. She was in renal 20 failure and apparently and he -- she was on pressor 21 support. That's a complicated patient. 22 Q. So to be clear, were those the issues that you 23 chose not to get involved in her care because of MR. RYAN: Form. 25 Q. (BY MR. SAWICKI) -- the renal failure, the vent Page A. That's not correct. I said I don't feel 2 comfortable. 3 Q. (BY MR. SAWICKI) Is this first call -- because 4 we started the deposition with you telling me that 5 that's the call where Dr. Schade bullied you and said 6 you had to takeover this patient's care. Is that when 7 that happened or did it -- 8 A. I felt bullied. 9 Q. Okay. So at 3:56 Dr. Schade calls you up leaving 10 you feeling bullied because he wants you to take over 11 the patient's care and you say you won't do it, correct? 12 A. I say, I don't feel comfortable. 13 Q. You don't feel comfortable doing it. And you 14 didn't, correct? 15 A. I don't. 16 Q. And then immediately after that you get a call 17 from Ms. Palmer saying, warning, don't take over this 18 patient? 19 MR. RYAN: Form. 20 A. Not immediately after that. 21 Q. (BY MR. SAWICKI) Well, after you call your 22 husband to have a conversation, that you don't want to 23 tell me about, you get a call from Ms. Palmer, correct? 24 MR. RYAN: Form. 25 A. I did get a call from her. Page and the pressors? 2 MR. RYAN: Form. 3 A. Not necessarily. Those are the issues that made 4 her complicated. On top of the two surgeries that she 5 had by another surgeon. 6 Q. (BY MR. SAWICKI) Okay. So you're given that 7 initial picture, then, immediately after you get off the 8 phone with Dr. Schade, you get the call from Nurse 9 Palmer saying, warning, stay away from this patient. 10 Then you get the calls from your husband and the other 11 individuals. Then you call the ICU nurse to get the 12 actual physical description of how she's doing. Have we 13 got the chronology so far? 14 MR. RYAN: No. That mischaracterizes her 15 testimony with regard to what you say. 16 MR. SAWICKI: Objection form is great if you 17 want to do that. 18 MR. RYAN: Yeah, the way you're couching 19 your sidebar and summary is misstating it. 20 Q. (BY MR. SAWICKI) Well, let me do it this way. 21 You get a call from Dr. Schade at 3:56 asking you to 22 take over the patient. The call lasts four minutes. At 23 the end of it you decide to not get involved in the 24 patient's care, correct? 25 MR. RYAN: Form. Page Q. (BY MR. SAWICKI) At 4:08 warning you not to take 2 over this patient, correct? 3 MR. RYAN: Form. 4 A. That was one of many things that she discussed 5 with me. 6 Q. (BY MR. SAWICKI) What else did she discuss with 7 you? 8 A. We discussed it. 9 Q. What else did she discuss with you? 10 A. To go over again, she said she knew there had 11 been some issues or events with this patient and that 12 Dr. Schade was going to try to force me to accept this 13 patient. 14 Q. Okay. So then we come down to 4:31. About a 15 half hour later you have your first conversation with 16 the ICU nurse about Mrs. Mejia, correct? 17 A. Correct. 18 Q. And then immediately after that you call your 19 husband back, correct? 20 A. His number is listed here next. 21 Q. Newport News, Virginia? 22 A. Correct. 23 Q. What is -- what was he doing in Newport News 24 or A. That's just an area code. 38 (Pages 146 to 149) lectronically signed by Lei Sherra Torrence ( )

40 Page Q. Okay. So he's carried the number with and he's 2 here? 3 A. Yes. 4 Q. All right. Do you remember where he was at the 5 time? 6 A. No. 7 Q. 4:42 I think this was a Wednesday. Where would 8 he typically be? 9 MR. RYAN: Form. 10 A. Home. 11 Q. (BY MR. SAWICKI) Did he work? 12 A. Yes. 13 Q. Okay. What kind of work does he do? 14 A. He's an ICU nurse. 15 Q. Did you discuss Mrs. Mejia's physical condition 16 with your husband? 17 A. Not at that time, no. 18 Q. Did you at some other time? 19 A. I don't recall. 20 MR. RYAN: I'm going to object and instruct 21 you not to answer any communications that you had with 22 your husband on the basis of spousal privilege. 23 Q. (BY MR. SAWICKI) Well, if you talked about 24 Mrs. Mejia's condition with him that's part of your 25 discussions with other health care providers. I think Page Q. And what did Dr. Green tell you at that time? 2 A. No. He's never heard of that. 3 Q. Where is Dr. Green today? 4 A. He's in the metroplex. 5 Q. Did he have any relationship to UGH? 6 MR. RYAN: Form. 7 A. No. 8 Q. (BY MR. SAWICKI) Do you know what hospital he's 9 at now? 10 A. I think Plaza is one of the hospitals. 11 Q. What's his first name? 12 A. Michael. 13 Q. After talking -- did you talk to Dr. Green about 14 any other patients or was it just about Mrs. Mejia? 15 A. It was not about Mrs. Mejia. It was about a 16 certain situation. 17 Q. What situation? 18 A. Are surgeons -- do they have to accept patients 19 against their will. That was the conversation. It 20 wasn't Ms. Mejia. 21 Q. Had you been asked to accept a patient other than 22 Mrs. Mejia against your will? 23 A. That was the first time. 24 Q. So it was regarding Mrs. Mejia? 25 A. It was regarding that situation. Page I'm entitled to know about that. 2 MR. RYAN: Well, you can take that up with 3 Judge Parker if you want to. I'm instructing her not to 4 answer -- 5 MR. SAWICKI: Okay. 6 MR. RYAN: -- on the basis of spousal 7 privilege. She's testifying -- 8 Q. (BY MR. SAWICKI) But so we're clear, you 9 indicated that you did talk with your ICU nurse husband 10 about Mrs. Mejia's condition? 11 A. I did not say that. 12 Q. All right. After the one-minute conversation 13 with your husband after your ICU nurse discussion, who 14 is the Silver Springs, MD, number at 312? 15 A. I don't recall. That may be -- oh, another another physician, another surgeon. 17 Q. Who is that? 18 A. His name is Dr. Green. 19 Q. Doctor who? 20 A. Green. 21 Q. And why were you calling Dr. Green? 22 A. He is almost like a mentor. He's done this 23 longer than I have. I wanted to be sure -- I wanted to 24 know in his experience are physicians forced to accept 25 patients if they don't feel comfortable. Page Q. Okay. 313 entry at -- when you get off the phone 2 with Dr. Green. The next call is Houston, Texas. Who 3 is that? 4 A. I believe that is a CEO. 5 Q. The CEO of UGH? 6 A. Yes. 7 Q. Dr. -- Mr. Schuetz? 8 A. Yes. 9 Q. And what did you talk about with him at this 10 time? 11 A. Similar concerns. I spoke to Dr. Schade. I felt 12 like he was going to -- he was trying to bully me to 13 accept a patient I don't feel comfortable with. I feel 14 like this patient needs to be transferred. He said he 15 was going to give me the bylaws. I don't have the 16 bylaws. Kind of my concerns about the overall 17 situation. 18 Q. Who did you think, you know, at 5:04 p.m. here 19 when you're talking to the CEO of UGH, who did you think 20 was providing the role that Dr. Schade had asked you to 21 provide about an hour earlier? 22 A. I have no idea. 23 Q. Were you under the impression that some other 24 doctor was providing the role that Dr. Schade had asked 25 you to provide during this hour? 39 (Pages 150 to 153) lectronically signed by Lei Sherra Torrence ( )

41 Page A. I assume the patient had other physicians taking 2 care of her. 3 Q. And you've heard that, you know, in laws and 4 axiom about assume and what it does. Is that same true 5 -- thing true in medicine? 6 A. I know other -- 7 MR. RYAN: Objection. You don't have to 8 answer that question. 9 A. -- physicians were taking care of her. 10 MR. RYAN: It's argumentative. 11 Q. (BY MR. SAWICKI) What other physician was 12 attending Mrs. Mejia at this time? 13 MR. RYAN: Form. 14 A. As stated earlier, hospitalist, pulmonary and 15 critical specialists and a nephrologist. 16 Q. (BY MR. SAWICKI) Well, then, if that was the 17 case, why did they need a surgeon? 18 MR. RYAN: Objection; form. 19 A. I don't know. She had been operated on. 20 Q. (BY MR. SAWICKI) Why did Dr. Schade say he 21 needed a surgeon? 22 A. I don't know. 23 Q. Do you believe the hospitalist, the critical care 24 nurse -- or the critical care doctor, the pulmonologist 25 would appreciate the same things about potential Page patient. 2 Q. And is that the conversation that we have here at 3 number 310, 4:30 with the ICU nurse? 4 A. Yes. 5 Q. Okay. So the next conversation -- anything else 6 that you talked about with Mr. Schuetz at this time 7 other than the bylaws and your feeling that Dr. Schade 8 was bullying you and you wanted -- you didn't want to be 9 involved in the care? 10 MR. RYAN: Objection; form. 11 A. I didn't say I didn't want to be involved. I 12 said I don't feel comfortable, and I did tell him I felt 13 like the patient should be transferred given her 14 multiple issues. 15 Q. (BY MR. SAWICKI) And I'm asking: Is there 16 anything else that you talked about? 17 A. Not that I'm aware. 18 Q. Okay. What's the next call immediately after 19 that one gets finished? Is that Dr. Green again? 20 A. That may be my partner. 21 Q. The Silver Springs, Maryland number? 22 A. Yes. 23 Q. Dr. Alexander? 24 A. Yes. 25 Q. And what did you talk with him about for the next Page complications from a laparoscopic cholecystectomy as a 2 surgeon like yourself would? 3 MR. RYAN: Form. 4 A. I think they can manage a postoperative patient. 5 MR. SAWICKI: I'm going to object as 6 nonresponsive. 7 Q. (BY MR. SAWICKI) Do you believe critical care 8 doctors, like the one you're referencing here, know the 9 complications associated with a laparoscopic 10 cholecystectomy? 11 MR. RYAN: Form. 12 A. I think it's possible that they understand, yeah. 13 Q. (BY MR. SAWICKI) Did you make any effort to 14 determine if that was true for the doctor providing the 15 critical care to Mrs. Mejia? 16 A. No. 17 Q. With respect to the pulmonologist, did you know 18 whether that pulmonologist would know what complications 19 associated with laparoscopic cholecystectomy would be? 20 A. It was the same person and from what I understood 21 they were aware of the complications that the patient 22 had. 23 Q. And what's the basis for that understanding? 24 A. When I had my discussions with the nurse. All of 25 the physicians were aware of what was going on with the Page seven minutes? 2 A. That may have been the call where we discussed 3 him taking over -- because yes -- so Dr. -- Schuetz did 4 ask if I couldn't do it, knowing my situation, could my 5 partner do it. 6 Q. Did you ask him to do that? 7 A. I did -- well, I asked if he would want to 8 take -- assume care and he said the same thing. He 9 didn't feel comfortable. The patient needed to be 10 transferred. 11 Q. Okay. What's the next call number 315? 12 A. That is Dr. Green. 13 Q. Why was Dr. Green calling? That's the same 14 Michael Green, correct? 15 A. I think so. 16 Q. You told me about another Dr. Green in your 17 discussions. 18 A. Yes. 19 Q. That's why I asked. 20 A. Oh, that's separate. 21 Q. Okay. 22 A. Yeah. 23 Q. Is this Michael Green, then, again calling back? 24 A. This is Michael Green. 25 Q. Why was he calling you back for the next (Pages 154 to 157) lectronically signed by Lei Sherra Torrence ( )

42 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page minutes here? 2 A. I don't remember. 3 Q. What do you recall discussing? 4 A. Similar situation. I don't know if he talked to 5 someone and then called me back. Essentially was 6 discussing, you know, as a physician you can use 7 clinical judgment. You don't have to accept if you 8 don't feel comfortable. 9 Q. Okay. The next call Louisiana, New Orleans 10 number, 316. Who is that from? 11 A. I don't -- I don't know. 12 Q. Then the next two calls A. Both from my Q. -- is that your partner again? 15 A. Yes. 16 Q. What did you discuss at this point? 17 A. I don't recall. I think he called. He did tell 18 me he either called Dr. Schade or -- and doctor -- I'm 19 sorry, not doctor, and Chuck about this same situation 20 and I think he was calling me back telling me. 21 Q. That you don't have to get involved? 22 A. No. That he is not getting involved. 23 Q. Okay. That, he, Dr. Alexander is not taking the 24 patient? Is that what you're saying? 25 A. Yes. Page Q. Okay. And then the next two say unavailable. 2 Who are those from? 3 A. I'm not sure, but I think one of those must be 4 the CFO. 5 Q. What did you discuss with the CFO for about 6 12 minutes? 7 A. Same -- 8 MR. RYAN: Form. 9 A. Same thing in the sense I didn't feel 10 comfortable. Patient needed to be transferred. And 11 then he asked -- he did ask me, well, would I feel 12 comfortable at least reviewing her chart. 13 Q. (BY MR. SAWICKI) What did you tell him? 14 A. And I said, yes. For a second opinion is what he 15 said. And then I said, yes, I will review her chart 16 first thing in the morning. 17 Q. So then what's the next call immediately after 18 that's done, Silver Springs, is that Dr. Alexander 19 again? 20 A. You're looking at 321? 21 Q. Yes. 22 A. That has to be. That's his number. 23 Q. You talked to him for 19 minutes. What did you 24 talk to him at this point about? 25 A. I don't remember what that call was from, Page honestly. 2 Q. You recall talking about any other patients with 3 Dr. Alexander that day? 4 A. We had -- we share patients. So I mean, we run a 5 practice together. 6 Q. Do you recall there being any other patient you 7 were discussing with Dr. Alexander that day? 8 A. I don't recall specifics. 9 Q. And immediately after that you were back on the 10 phone with Dr. Green, correct? 11 A. The New Orleans number I'm not sure who that 12 number Q. Oh. 14 A. I don't know who that number was. 15 Q. You spent 20 minutes on the phone with someone 16 with a New Orleans number and you don't remember who 17 that was? 18 A. No. 19 Q. Then you get off the phone there and there's 20 another 301. Who is that? 21 A. Now, that I believe is Dr. Green. 22 Q. So you're back on the phone with Dr. Green at 23 that point? 24 A. Uh-huh. 25 Q. Do you remember what you spoke to him on this Page occasion about? 2 A. No -- I may -- no, I don't. 3 Q. Were you sharing any patients with Dr. Green? 4 A. I don't know if I was at the time. He does cover 5 me for bariatrics. 6 Q. Okay. Then the next one, 324, immediately after 7 you get off the phone with him. Who's that? 8 A. I don't know. 9 Q. And then about a couple of hours later -- well, 10 the next morning, who's that call from at 9:02? 11 A. That's my husband. 12 Q. And 326, who's the call at 10:47? 13 A. That's my dad's number. 14 Q. Did you discuss this case with him? 15 A. No. 16 Q. Do you remember why you were talking to your 17 father? 18 A. I don't know. We're close. We talk every day. 19 Q. Okay. Then 327 entry, who was that from? 20 A. I don't recognize those two numbers. 21 Q. 329, 6:12 p.m. Grapevine, Texas number, who's 22 that? 23 A. I don't recognize that number either. 24 Q. 330 entry at 12:29 p.m. Who's that? 25 A. That's my dad's number again. 41 (Pages 158 to 161)

43 Page Q. 331, who's that? 2 A. That's someone from the hospital. 3 Q. Do you remember what that was about? 4 A. Probably another patient. 5 Q. 332, Irving number? 6 A. I don't know. 7 Q. 333, the Cleveland, Ohio number? 8 A. That must be my mother-in-law. I don't -- I 9 don't know. 10 Q. 334, Grand Prairie again? 11 A. Mother. 12 Q. I'm sorry? 13 A. My mother. 14 Q. All right. 335, the incoming 757 number? 15 A. Husband. 16 Q. 336, the McKinney number? 17 A. I don't recall. 18 Q. It's a 44-minute long conversation. Do you 19 remember what that might have been about? 20 A. That is long. I don't -- I don't know. I don't 21 remember. 22 Q. 337? 23 A. Those are all my husband. 24 Q. You call your husband immediately after that 25 McKinney one, correct? Page Q. So another one of these calls is another 2 Dr. Bianco patient? 3 A. Uh-huh. 4 Q. And what was it you were asked to do? 5 A. Give like -- almost like a surgical opinion on 6 what to do. 7 Q. And how did that happen? 8 MR. RYAN: Form. 9 Q. (BY MR. SAWICKI) I mean, who called you about 10 another Dr. Bianco patient? 11 A. It was an actual physician. 12 Q. Who? 13 A. I don't remember the name. 14 Q. Was it a physician at the hospital? 15 A. Yes. 16 Q. And were they calling you about a surgery 17 Dr. Bianco had performed? 18 A. Yes. 19 Q. What was the nature of the surgery? 20 A. I know the patient had an ostomy. So I don't 21 remember why that patient had an ostomy but I know the 22 patient had an ostomy and I think the patient had been 23 in the hospital for a while, actually. 24 Q. And why was the doctor calling you? 25 MR. RYAN: Form. Page A. Yes. 2 Q. And then the next, what is that, 757 those are 3 all your husband? 4 A. Yeah. 5 Q. 341, do you know what that was about? 6 A. No. 7 Q. New Haven, Connecticut number, do you know what 8 that one? 9 A. No. 10 Q. Any others going down from 342 that relate to 11 conversations with anyone at UGH, anyone about 12 Mrs. Mejia, anyone about Dr. Bianco or your request to 13 be brought in on this case? 14 MR. RYAN: Form. 15 A. Not -- not -- there's other UGH numbers in here, 16 but I don't know if it's regarding -- I don't think it 17 was regarding that patient. 18 Q. (BY MR. SAWICKI) Do you have any recollection of 19 what these additional calls going from 344 down what 20 they pertain to? 21 A. I mean, I was on call so that was my last day. 22 Q. But can you look at any of these and remember A. No. I don't remember. One of them -- and I 24 don't know which one, but I know one of them was for 25 sure to take over another Dr. Bianco patient. Page A. He requested that I -- if I could come and make 2 recommendations on what to do for the ostomy. 3 Q. (BY MR. SAWICKI) Is this an emergency room type 4 consult like you were telling me about? 5 A. No. 6 Q. Why would they have been calling you -- 7 MR. RYAN: Form. 8 Q. (BY MR. SAWICKI) -- about this issue? 9 MR. RYAN: Form. 10 A. Sometimes they would do the -- the PCPs can 11 choose who they want to call when they have floor 12 consults. 13 Q. (BY MR. SAWICKI) Did they call you because like 14 in Exhibit 6 it indicates you're the general surgeon on 15 call? 16 MR. RYAN: Form. 17 A. If I would have said no, he could have called 18 another general surgeon. 19 Q. (BY MR. SAWICKI) Okay. But did he call you 20 because as it -- as it -- as it shows in Exhibit 6 21 you're on call as the general surgical services person? 22 A. I'm not sure if MR. RYAN: Wait. Have you finished your 24 question? 25 MR. SAWICKI: Yeah. 42 (Pages 162 to 165) lectronically signed by Lei Sherra Torrence ( )

44 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page 166 Page A. I'm not sure if that was the reason why he 2 called. 3 Q. (BY MR. SAWICKI) And you don't know who the 4 doctor was or it was just another Dr. Bianco patient? 5 A. I knew the doctor. I can't recall his name, but 6 I knew -- I mean, I've spoke -- we've -- I've seen his 7 patients in the past. 8 Q. What type of doctor? 9 A. He was a primary care doctor. 10 Q. And did you feel uncomfortable about getting 11 involved in that patient's care? 12 A. I was just making recommendations and no. 13 Q. Any other calls in this 344 to 357 area that 14 referenced Dr. Bianco, patient of Dr. Bianco, 15 Mrs. Mejia, Dr. Schade or someone from UGH discussing 16 your role with any patients of Dr. Bianco? 17 A. No. I have -- I talked to doctor -- to Chuck a 18 couple of times in regards to that whole situation. 19 Q. Is that reflected on here at all? 20 A. I -- well, his number is on here so I -- but Q. Other than the ones that you've identified is 22 that A. Well, yeah, there's 355, 354, Q. So those are all calls to Mr. Schuetz, the CEO? 25 A. To and/or from. 1 but I don't know what that call was from. 2 Q. How about the third number? 3 A. Same. 4 Q. How about the fourth number? 5 A. I don't know. 6 Q. How about the fifth number? 7 A. I don't know. 8 Q. Sixth? 9 A. I don't know. 10 Q. Seventh number? 11 A. I don't know. 12 Q. The 03:53:54 number, the next one? 13 A. That's from Dr. Schade. 14 Q. Okay. What, if anything, do you recall about 15 that? 16 A. Nothing. He was leaving a message for me. 17 Q. Okay. And then that segues over to the number in 18 Exhibit 7, true, the first phone call, 3:56? 19 A. Yes. 20 Q. Okay. What about the next call at 8:59 p.m.? 21 A. I don't know. 22 Q. The next one at 6/28/2014 at 5:04 a.m.? 23 A. That was a message in regards to an emergency 24 surgical consult. 25 Q. On who? Page Q. And at this point, why are you calling him on the 2 30th of June about Mrs. Mejia? 3 A. Oh, I don't know if that's what the call was 4 regarding per -- specifically. 5 Q. Do you recall there being any other subject you 6 were discussing with the CEO of UGH? 7 A. I remember one of the calls were to come in to 8 tell me about the suspension. 9 Q. By that time Dr. Schade had apparently asked for 10 your suspension? 11 A. Yes. 12 Q. Okay. I want to ask you about Exhibit 8 here. 13 (Exhibit Number 8 marked.) 14 Q. (BY MR. SAWICKI) And it's marked Hamilton 16 and Ask you what that is. 16 A. This appears to be the call log for my answering 17 service. 18 Q. Kind of like we just did with Exhibit 7. What's 19 that first number, if anything, mean with respect to 20 Mrs. Mejia, Dr. Schade or your involvement with UGH? 21 A. The first number? 22 Q. Yes. 23 A. I don't know. 24 Q. Same question for the second number. 25 A. I don't know. I know that's from the hospital, Page A. He didn't state in the message. 2 Q. Do you recall who made the request? 3 A. He did, Dr. Schade. 4 Q. Do you recall Dr. Schade calling you about a 5 patient other than Mrs. Mejia on the 28th? 6 A. No. 7 Q. Did you provide that consult at 5:00 in the 8 morning? 9 A. I said I would be on my way. 10 Q. Okay. Do you remember anything else about that 11 conversation? 12 A. Well, I didn't talk to him. These -- he just 13 left a message. 14 Q. What was the message? 15 A. Dr. Hamilton, please call UGHD. We have an 16 emergency consult for you, paraphrasing. 17 Q. So we can look at Exhibit 6 -- or 7, rather, and 18 see the call going out at 5 a.m.? 19 A. 5: Q. So where is that? 21 A. It's not on the Sprint logs. 22 Q. Is there another phone you were using at the time 23 to call back the hospital when you get an ER consult 24 request at 4:00 in the morning? 25 A. Yeah, I can use my cell -- my home phone. 43 (Pages 166 to 169)

45 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page Q. Do you have any records of that call? 2 A. I could not get those records. 3 Q. Do you remember having that conversation with 4 somebody? 5 A. Yeah, I called the house officer back. 6 Q. Do you remember -- 7 A. That's the number he left. 8 Q. Do you remember what they told you when you 9 called? 10 A. Yes. I called and I said, this is Dr. Hamilton. 11 I got a call saying there was an emergency. What's 12 going on. And they were like, oh, it's patient, 13 Mrs. Mejia. And I said, well, what's going on. And 14 they said her H&H dropped to 4 and 13. And I said, 15 well, how come I wasn't notified before. And he said, 16 well, the nurse called. And I said, called what number. 17 He couldn't tell me. I said, well, I can be there -- I 18 can be on my way and it takes me an hour. And he said, 19 oh, well, we already have her lined up to be 20 transferred. Don't worry about coming in. 21 Q. And who is this house officer? 22 A. His first name was Malcolm and that's all I 23 remember. 24 Q. Do you remember anything else about that 25 conversation? Page A. That was pretty much mostly the gist. 2 Q. What did you do after that? 3 A. Nothing. 4 Q. Did the call take place around 5 a.m.? 5 A. My call back was 5, like, Q. And again, these calls on the Sprint for the 7 morning of the 28th you don't recall who those were from 8 the 757, 528? 9 A. 757 is my husband. 10 Q. Okay. And the (214) 67? 11 A. That was my dad. 12 Q. Okay. All right. On the next page of Exhibit 8, 13 the call on the 28th at 5:00 in the morning again? 14 A. Dr. Schade. 15 Q. Do you remember what that was about just about 16 three minutes after the other one? 17 A. Same thing. I think he just called, called, 18 called. 19 Q. And it's the same for the 5:09? 20 A. 5:09, oh, sorry. I skipped. I know 5: Q. I'm looking at Exhibit 8 on the second page here. 22 A. Yes, the 5:07 I don't -- I don't know who that 23 number was. I'm sorry. 24 Q. Okay. And then the 5:09? 25 A. The 5:09 was Dr. Schade. Page Q. And is that a call back about the earlier message 2 he left you? 3 A. Yes. 4 Q. When it says call details no answer, what does 5 that mean? 6 MR. RYAN: Form. 7 A. I don't -- I don't know. 8 Q. (BY MR. SAWICKI) When it says call routed to, 9 what does that mean? What's that phone number, ? 11 MR. RYAN: Form. 12 A. That is the number that -- honestly -- I can tell 13 you how the answering service works. I don't know how 14 to -- how to read these logs. 15 Q. (BY MR. SAWICKI) I don't either. That's why I 16 was asking you. Okay. Then there's a call at 1:11 p.m. 17 on the 28th. Do you know what that one was? 18 A. No, but it was UGH. 19 Q. Do you remember what that call was about? 20 A. I don't know if it was for a patient. It was not 21 concerning this issue. 22 Q. Okay. And then the final one at 1:12, do you 23 know who that was about? 24 A. It was not concerning this issue. 25 Q. That's UGH, though, again, correct? Page A. Yes. 2 Q. Now, the reason why I ask you is I want to make 3 sure. Are there any other phone records that you have 4 that pertain to this situation with Mrs. Mejia and your 5 conversations with Dr. Schade about taking over her 6 care, being involved in her care that we haven't looked 7 at here? 8 A. I do not have any other phone records. 9 Q. Okay. I've got two. I've got Exhibits 7 and 8 10 and that's it, correct? 11 A. That's all I have. 12 Q. And then we've got one which is Exhibit 3, 13 I think you still have it in front of you? 14 A. Yes. 15 Q. I want to ask you on the second page of Exhibit 3 16 at the top. Do you see that first paragraph, it starts 17 with I now here? 18 A. Yes. 19 Q. The second sentence says, "I have documentation 20 of the calls and messages received and when I returned 21 them." 22 A. Okay. 23 Q. Is that the two pages or the two exhibits we just 24 looked at? 25 A. At the time, I didn't have those. 44 (Pages 170 to 173)

46 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page Q. Well, what was it when you sent this on 2 July 1st of 2014, what documentation of the calls and 3 messages that you receive and when you returned them did 4 you have? 5 A. Well, I had the documentations on my cell -- you 6 know, the cell phone. 7 Q. What would that be? 8 A. Just on the actual cell phone when someone calls 9 you, you can look and say, okay, this person called you 10 and when you call them back you can say, okay, this is 11 when I called them back. 12 Q. What messages would you have had documentation 13 of? 14 A. I -- I had the voice messages. 15 Q. So do you still have the documentation of the 16 voice messages that was left you? 17 A. No. 18 Q. What was it on the voice messages that you were 19 telling Mr. Schuetz about? 20 A. The one where it -- when he asked for an 21 emergency consult, I have that one. Prior to that it 22 was not an emergency -- well, it wasn't told to me as an 23 emergency. 24 Q. Do you have any copies of any voice mails or 25 verbal messages left for you regarding these incidents Page still in your possession? 2 A. No. The only one I had was a -- I did have one 3 voice mail from my answering service from Dr. Schade. 4 Q. And what happened to that voice mail? 5 MR. RYAN: We have it. 6 MR. SAWICKI: Okay. Let me go back to the 7 page that I've done before where we asked for all that 8 stuff. Is there a reason why? 9 MR. RYAN: I've offered. 10 MR. SAWICKI: "Subject to and without 11 waiving the foregoing response, Dr. Hamilton states 12 that, after a diligent search, she is unaware of any 13 non-privileged documents within her possession, custody, 14 or control that are responsive to this request." 15 Counsel, could you show me where you've 16 indicated that you have that? 17 MR. RYAN: On that one sheet of paper now I 18 can. 19 MR. SAWICKI: Okay. And in the discovery 20 request we made to you asking for all communications 21 regarding this including s, correspondence, 22 messages, charts, memorandum, copies of phone messages 23 or other written documentation, statements regarding 24 this incident or the investigation of this incident or 25 the incident made the basis of this claim, are you Page withholding the voice messages from Dr. Schade under 2 some claim of privilege? 3 MR. RYAN: No. 4 MR. SAWICKI: Is there a reason why you 5 haven't produced it? 6 MR. RYAN: I've offered it to you. I mean, 7 I'll have to search -- 8 MR. SAWICKI: Tim, I'm reading this part and 9 this is the part I'm having trouble. 10 MR. RYAN: Mike MR. SAWICKI: "Subject to and without 12 waiving the foregoing response, Dr. Hamilton states that 13 after a diligent search she is unaware of any 14 non-privileged documents within her possession, custody 15 or control that are responsive to this request." Where 16 is it being offered to me? 17 MR. RYAN: Do you want to go off the record 18 and let me find the response to a different set of 19 discovery that I've prepared so that you can look at it? 20 I mean, this is a nonissue. I'll be happy to do that 21 and you can have it. 22 MR. SAWICKI: I'm looking at first 23 supplemental responses to our request for production. 24 Is there another one you -- you responded to that 25 contains a different answer? Is that what you're Page saying? 2 MR. RYAN: Yeah, you've served a few 3 different requests. 4 MR. SAWICKI: So when it says any recorded 5 statements, material involved in the incident made the 6 basis of this claim, you produced nothing. 7 MR. RYAN: Do you want to go off the record 8 and let me -- 9 MR. SAWICKI: No. I just -- I'm building 10 the record for our motion to compel. I'm also -- I'm 11 not waiving this witness when we're done here today 12 because I think there are documents that have not been 13 timely produced. I'm just letting you know we're going 14 to compel this and we'll be back here to ask about it. 15 MR. RYAN: Well, you're certainly free to 16 ask your questions right now. We can go off the record 17 so I can find the discovery response that I've produced 18 to you. 19 MR. SAWICKI: You can produce it in response 20 to the motion to compel. 21 Q. (BY MR. SAWICKI) Ma'am, let me MR. RYAN: Well, wait a minute. Wait a 23 minute. Wait a minute. I've made the offer. I'm happy 24 to let you have access to this today while we're here. 25 MR. SAWICKI: I've gotten s that have 45 (Pages 174 to 177)

47 Page never been produced before today. I'm hearing about 2 voice messages and, Tim, no offense, I would have liked 3 to have had it to prepare for today. That's part of 4 what we do. So we'll take it up with the Court. And 5 yeah, if you can find it, but I'm not taking a break in 6 the middle of the deposition for you to go look for 7 stuff that should've been produced a long time ago. 8 Q. (BY MR. SAWICKI) And ma'am, are you aware of any 9 other documentation -- well, let me just ask it to you 10 in a broad way so we're not getting foxed out on 11 something. Statements, notes, reports, s, 12 correspondence, messages, charts, memoranda, copies of 13 phone messages, voice mails, written documentation, 14 s, text messages or phone messages or other 15 recorded media regarding this incident that you haven't 16 brought with you here today? 17 A. (Shakes head side to side.) 18 Q. Make any effort to look for it? 19 A. No. 20 Q. Yeah. And the reason why I bring it up, in July 21 when you wrote this , you referenced having things 22 like this to support your position. Do you remember 23 that? 24 A. Yes. 25 Q. What else did you have back in July when you were Page Q. How do you spell it? She's going to ask you 2 anyways. 3 A. I think G-L-E-I-T-Z. 4 Q. And what kind of lawyer is Mr. Gleitz? 5 A. Medical. 6 Q. And why is it you contacted him? 7 A. He's a friend. We were discussing other issues. 8 Q. Did you retain him to represent you in some 9 matter regarding this? 10 A. He -- yes. 11 Q. When did you retain Mr. Gleitz? 12 A. When I found out I was reported to the medical 13 board. 14 Q. And when was that? 15 A. Honestly, I think it may have been a couple of 16 days I was told everything was okay. So a couple of 17 days after this Q. Well, the is dated July 1st. It 19 references discussing this with my counselor, which I 20 would take to be as Mr. Gleitz again; is that correct? 21 A. Correct. 22 Q. And you are -- the care involved was June 27th, 23 28th like we see here on Exhibit 6. Did you contact him 24 on the 28th? 25 A. I don't remember the exact day. I didn't retain Page telling doctor -- or Mr. Schuetz about these issues? 2 A. I just had it -- 3 MR. RYAN: Beyond what she's already 4 testified to? 5 Q. (BY MR. SAWICKI) The two pages that we've talked 6 about and this voice mail now that we have just learned 7 about. What else did you have? 8 A. Just what was on my phone physically that I don't 9 have anymore. 10 Q. And you didn't save that, correct? 11 A. I did not save that. 12 Q. You didn't make a printout or when you threatened 13 to produce this to them to support your claim that you 14 shouldn't have your privileges revoked, you didn't print 15 it out, true? 16 A. No. I had the phone. I knew I could get my cell 17 phone records. 18 Q. Okay. Now, when you drafted this , you 19 produced today, who was the counselor that you were 20 referencing in Exhibit 3? 21 A. Would you like his name? 22 Q. Yes. 23 A. His name is Herbert Gleitz. 24 Q. Who is that? 25 A. Friend, lawyer. Gleitz with a G. Page him until I went to the medical board. But I'm not sure 2 which date I contacted him. 3 Q. We know that if we were to say Dr. Schade's call 4 to you came on the 27th of June and this was on 5 the 1st of July, if I'm doing the calendar correctly, 6 that would be the 28th, the 29th, 30th, and the 1st when 7 the came in approximately 5 o'clock 8 approximately. Did you -- were you reported to the 9 medical board on the 30th? 10 A. No. I think -- honestly, I don't -- I don't 11 know. I don't know when I was reported. I know he 12 wanted me to lose my privileges first. 13 Q. He is who? 14 A. Dr. Schade approached the -- the administration. 15 Q. When did Dr. Schade approach the administration? 16 A. I don't recall. 17 Q. When we talked A. I think I found out about it on the 30th. 19 Q. How did you find out about it? 20 A. Chuck. 21 Q. And what is it that Chuck told you? 22 A. He said, you know, Dr. Schade has come to us and 23 wants your privileges suspended for that incident. Why 24 don't you guys talk it out, try to explain to him as two 25 physicians what happened. We're not going to suspend 46 (Pages 178 to 181) lectronically signed by Lei Sherra Torrence ( )

48 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page 182 Page your privileges. 2 Q. Did you ever talk to Dr. Schade? 3 A. I did call him and -- 4 Q. When did you -- 5 A. -- left a message. 6 Q. When did you call and leave him a message? 7 A. Somewhere between the 30th and the 1st. I don't 8 remember exactly. 9 Q. Did you ever actually speak with Dr. Schade? 10 A. I left him a message. 11 Q. And what was the message? 12 A. It's Dr. Hamilton. I spoke to Chuck. I wanted 13 to talk to you about the incident on the 27th. Seems 14 like there was some miscommunication, give me a call. 15 Q. And you never heard back from Dr. Schade? 16 A. No. 17 Q. Has he ever sent you anything in writing, a text 18 message, , letter? 19 A. No. 20 Q. Did anyone communicate back to you that 21 Dr. Schade wants to relate X or Y to you? 22 A. Just on this Q. And that's the on Exhibit 3, correct? 24 A. Yes. 25 Q. Did the counselor, Mr. Gleitz, did you go to his 1 told him. 2 Q. Were you -- by making this statement, were you 3 trying to intimidate the staff to back off from this 4 effort to remove your privileges? 5 A. No. 6 Q. Had Mr. Gleitz actually read the policies and 7 procedures that we looked at here today? 8 A. Again, I don't -- I don't know if he -- I don't 9 know. 10 Q. I mean, you and I looked at them together a 11 minute or two ago, correct? 12 A. Correct. 13 Q. And one of the things I'd asked you was for the 14 basis where the position you took was reflected. Do you 15 recall that being discussed with Mr. Gleitz? 16 A. I told him. I remember discussing it with him. 17 I don't know if he actually read the bylaws. 18 Q. Okay. Had you been asked to take over or provide 19 consult on any other patients on the 27th other than 20 Mrs. Mejia? 21 A. I do not recall -- not take over, no. 22 Q. And it says, Friday night I received no messages 23 in regards to this patient or any surgical consults 24 until 5:00 in the morning on Saturday -- 5:09 Saturday. 25 I returned the message at 5:11. Do you recall being Page office? 2 A. No. 3 Q. Did you meet with him in person? 4 A. At some point, yes. 5 Q. Well, prior to this on July 1st, 5 p.m., 6 did you meet with Mr. Gleitz in person? 7 A. I don't recall. 8 Q. Did he actually ever see, prior to the 1st of 9 July, the bylaws that you're referencing? 10 A. He did see them. 11 Q. How is it he saw them? 12 A. You know, I don't know if it was prior to the 13 1st. Honestly, I don't remember the time frame. 14 Q. Well, the says we both read the rules and 15 bylaws of the hospital and saw nowhere there were there where this was true. You see that on Exhibit 3? 17 A. Yeah, I did and I don't think I reviewed them 18 prior to this. I don't remember. 19 Q. Do you believe he actually read the rules and 20 bylaws prior to July 1st? 21 A. I don't know if it was prior to July 1st. 22 Q. Was this a true statement when you wrote the 23 ? 24 A. I know that I for sure had read them. I'm not 25 sure if he read all of them or just knew from what I had Page contacted or called by any member of the nursing staff 2 on the 27th at all? 3 A. No. I received a message Saturday morning at 4 5:00 that had been left the night before. 5 Q. Okay. Then the next page, second paragraph, if I 6 am to be suspended I'd be inclined to get a lawyer. 7 What was it you were going to do with the lawyer with 8 regard to the hospital? 9 A. Well, I was MR. RYAN: Form. 11 A. I was going to stand up for what I thought was 12 incorrect reason for suspension. I didn't feel like I 13 did anything wrong. 14 Q. (BY MR. SAWICKI) What were the new programs you 15 were looking forward to getting excited? 16 A. So I came on to be the medical director for the 17 bariatric program. I wasn't -- never came on to take 18 emergency surgery call. Like I was supposed to be the 19 bariatric -- we were supposed to get the bariatric 20 program up and running. 21 Q. And is that the program you were working towards? 22 A. That was the goal. 23 Q. Were -- if this had not been resolved in your 24 favor, were you planning to take you and Dr. Hamilton's 25 [sic] work elsewhere? 47 (Pages 182 to 185)

49 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page A. Dr. Alexander? 2 Q. Yes. Don't you both do bariatric procedure? 3 A. No. 4 Q. With Covenant? 5 A. No. 6 Q. Isn't Covenant kind of focused on bariatric and 7 weight loss? 8 A. No. 9 Q. Isn't your practice focused in that area? 10 A. Yes. 11 Q. Were there other doctors planning to do that kind 12 of work with you? 13 A. Not that I knew of. 14 Q. I want to show you Exhibit (Exhibit Number 9 marked.) 16 MR. SAWICKI: Tim, I do have an extra copy. 17 It's UGH MR. RYAN: I appreciate it. 19 Q. (BY MR. SAWICKI) My understanding these are 20 nurse's notes. Have you seen these notes in preparing 21 for your deposition here today? 22 A. Only in the peer review. 23 Q. Okay. Well, let me walk you through it. You've 24 seen nurse's notes at UGH, correct? 25 A. Yes. Page Q. As a medical director there you had the chance to 2 look at your patients' files and review nursing 3 observations? 4 A. As the physician, yes. 5 Q. And you have access to the files associated with 6 your patients at UGH, true? 7 A. When they're -- yeah, when they're an inpatient. 8 Q. Okay. I want to go on the first part. Look at 9 the entry at 16: A. Okay. 11 Q. Can you read that for me? 12 A. Dr. Schade, Chief of Staff called and told to 13 call. Dr. Hamilton will cover for Dr. Bianco. Order 14 written as per Dr. Schade's orders. 15 Q. Okay. And do you agree that that happened, that 16 Dr. Schade had called and told the nursing staff you'd 17 be covering? 18 MR. RYAN: Form. 19 A. Peer review. I only found out in peer review. 20 Q. (BY MR. SAWICKI) Okay. This correlates to the 21 time frames we've looked at, correct? 22 A. Yeah. 23 Q. It's your testimony, though, that you were 24 uncomfortable and told them you didn't want to do it, 25 correct? Page MR. RYAN: Form. 2 A. I told them that I was uncomfortable to accept -- 3 to take over care of the patient. 4 Q. (BY MR. SAWICKI) All right. Then look in the 5 next column over on the right at 21:00. Do you see 6 that? On the top of the page. 7 A. Oh, yes. Yes. Yes. Yes. Yes. 8 Q. Can you read that for me? 9 A. Dr. Hamilton called to see when was patient going 10 to be seen, no answer. Message left. Patient in no 11 acute distress. 12 Q. Then by Nurse Collins. Do you see that? 13 A. Yes. Yeah, I see Collins. Yes. 14 Q. Do you know who that individual is? 15 A. I did not know at the time. 16 Q. Do you know now? 17 A. Yeah, she's a nurse. 18 Q. Is she one of the nurses that you were talking 19 about having issues with? 20 A. I did not know who. I've never worked with her 21 before. 22 Q. Now, we've been given some of these phone 23 records. I didn't see any phone call on either of these 24 two sheets regarding this that 21:00 which would be MR. SAWICKI: What's the number I'm looking Page for? 2 MR. JONES: 9:00. 3 Q. (BY MR. SAWICKI) 9 p.m. on the 27th. Do you 4 know where the call might have been placed? 5 A. I don't know. 6 Q. Did you -- in the phone records that you didn't 7 keep, was there any record of someone calling you for 8 that? 9 A. I did get a MR. RYAN: Objection; form. 11 A. I did get a voice mail. 12 Q. (BY MR. SAWICKI) Okay. So this 21:00 call, you 13 do recall receiving? 14 A. I did get that one, yes. 15 Q. And what was the voice mail of 21:00 about? 16 MR. RYAN: Form. 17 A. I got -- I actually didn't get that one until 5 18 a.m., but it was, Dr. Hamilton, calling from UGH wanting 19 to see if you were going to come in to see the patient. 20 Very vague. 21 Q. (BY MR. SAWICKI) Okay. So there was a voice 22 mail left for you by a nurse at UGH about Mrs. Mejia 23 that correlates to this 21:00 time frame? 24 MR. RYAN: Form. 25 A. I don't even know if she said the patient's name, 48 (Pages 186 to 189)

50 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page 190 Page but yes, there was a voice mail from UGH. 2 Q. (BY MR. SAWICKI) Okay. And you believe it's 3 consistent with this notation? 4 A. Yes. 5 Q. And you -- your testimony is that you just didn't 6 get that until the next morning at 5 a.m.? 7 A. Yes. 8 Q. Now, as we continue down there's a section that 9 says -- it's in that same column, H&H, was informed to 10 notify surgeon on case. Dr. Hamilton called again no 11 answer. Do you see that? 12 A. Yes. 13 Q. The time frame, according to the entry above, 14 would be 23:00. Do you recall getting that call? 15 MR. RYAN: Objection; form. Mike A. I see midnight 00:35 is what I see but Q. (BY MR. SAWICKI) Oh, okay. Yeah. 18 A. But no, I didn't receive any phone call or 19 message. 20 Q. It does, though, reference Dr. Hamilton unable to 21 reach? You see that? 22 A. I see that. 23 Q. Did anyone relate to you that that type of call 24 had been made and you had been unable to be reached? 25 A. No. 1 A. I don't know. 2 Q. (BY MR. SAWICKI) Do you know what shift she was 3 working that day? 4 A. No. 5 Q. Do you know when she would've gone off duty? 6 A. No. 7 Q. Did other nurses other than Ms. Palmer have your 8 cell phone number to call directly? 9 A. Yes. 10 Q. Did other nurses at UGH call you directly on your 11 cell phone? 12 A. It depends. So the administration had my cell 13 number. The -- and the nursing heads had my cell phone 14 number. The four nurses should have only had the 15 answering service. 16 Q. How is it that Ms. Palmer had your cell number? 17 A. She was part of the administration. 18 (Exhibit Number 10 marked.) 19 Q. (BY MR. SAWICKI) Let me give you -- the next one 20 is Exhibit 10, UGH MR. RYAN: Mike, when you get to the end of 22 this line. 23 MR. SAWICKI: Yeah, I'm closing in on being 24 done too. 25 MR. RYAN: Can we get a break? Page Q. Do you have any explanation for why the staff 2 might make a notation, Dr. Hamilton called again, no 3 answer? 4 A. No. 5 Q. Immediately after that new orders for meds given 6 to house supervisor. Patient in no acute distress. Do 7 you see that? 8 A. I do. 9 Q. Do you know who the house supervisor would've 10 been for this time frame? 11 A. I assume Malcolm but I'm not sure. 12 Q. And that's the Malcolm that is reflected on these 13 records as having called you? 14 A. I didn't -- I didn't -- I saw them on the 15 answering -- that's the number that was left for me to 16 call. That's the person I talked to in the morning. 17 Q. Right. We went through that in here somewhere? 18 A. On the answering service. 19 Q. Right. 20 A. When he called the answering service he was able 21 to reach me, yes. 22 Q. Got it. Do you know if, Ms. Palmer, the RN that 23 was working and that called you earlier, was she working 24 on this same shift? 25 MR. RYAN: Form. Page MR. SAWICKI: Yeah. 2 Q. (BY MR. SAWICKI) On Exhibit 10, ma'am, the top 3 of it is 0230? 4 A. Yes. 5 Q. It says -- could you read that for me? 6 A. Attempt to call Dr. Hamilton, no answer. 7 Q. What does it say about the patient? 8 A. Patient BB -- BP continued to decrease and heart 9 rate increase. Titrate per orders. Will continue plan 10 of care. 11 Q. If the critical care doctor, the pulmonologist, 12 the nephrologist and the hospitalist were attending to 13 this patient, can you offer to me some explanation why a 14 nurse would be trying to call you at 2:30 in the 15 morning? 16 MR. RYAN: Form. 17 A. No. 18 Q. (BY MR. SAWICKI) If a critical care doctor, a 19 pulmonologist, a nephrologist and a hospitalist were 20 actively attending to this patient, can you offer me an 21 explanation why a nurse would have been calling you at 22 21:00 the night before? 23 MR. RYAN: Form. 24 A. Apparently she called because she was told I was 25 coming in. 49 (Pages 190 to 193)

51 Page Q. (BY MR. SAWICKI) If a critical care doctor, a 2 pulmonologist, a nephrologist and a hospitalist were 3 caring for her at 12:35, can you understand -- or can 4 you offer me an explanation of why the nurse would be 5 trying to call you then? 6 MR. RYAN: Form. 7 A. Well, it looks like she did call the nephrologist 8 and they told her to call the surgeon. 9 Q. (BY MR. SAWICKI) If the nephrologist was caring 10 for the patient and under the impression that that was 11 the person responsible, why would the nephrologist be 12 telling the nursing staff to call you? 13 MR. RYAN: Form. 14 A. I'm not sure. 15 Q. (BY MR. SAWICKI) And go back on Exhibit again. 17 A. Okay. 18 Q. As we go further down at 4:30, you see that 19 04:30? 20 A. Yes. 21 Q. What does it say there? 22 A. Unable to get manual BP, pulse is thready, 23 patient pale in color. 24 Q. What does that tell you about the condition of 25 the patient? Page What type of care she needs... 2 Q. (BY MR. SAWICKI) Well, two hours earlier her 3 blood pressure was continuing to drop and her heart rate 4 was continuing to increase. What does that tell you 5 about what's going on with a patient like this with a 6 suspected postoperative bleed? 7 MR. THORNTON: Objection; form. 8 MR. RYAN: Join. 9 A. There's multiple causes that could cause that. 10 Q. (BY MR. SAWICKI) What's the differential? 11 A. Sepsis, PE, some type of irregular rhythm, 12 worsening kidney failure, bleeding. 13 Q. Any indication that sepsis was addressed in the 14 notes between 2:30 and 4:30? 15 A. There's no temperature recorded here. The 16 patient was on multiple antibiotics. It's hard to say. 17 Q. Any indication that PE was addressed between that 18 same time frame? 19 A. No. 20 Q. Any indication that any of those other items on 21 the differential were addressed between that time frame? 22 A. I can't tell if anything was addressed. 23 Q. Okay. Then at 5 a.m., which is approximately 24 when you say you got these calls? 25 A. Correct. Page MR. RYAN: Form. 2 A. Patient's not stable. 3 Q. (BY MR. SAWICKI) What would you do at this point 4 in time if you would have been told that about the 5 patient? 6 MR. RYAN: Form. 7 A. At this point I would have blood ready on hand, a 8 lot of blood. Get patient ready to transfer and if I 9 was there, to see if she was bleeding internally if 10 there was something I could do. 11 Q. (BY MR. SAWICKI) Would all those things have 12 been necessary to help save Mrs. Mejia's life at that 13 point? 14 A. I'm not sure. 15 Q. Are you going to express any kind of opinion as 16 to when care could've been given to Mrs. Mejia to change 17 the outcome? 18 A. No, because I was unaware of any of this until 19 the peer review. 20 Q. Okay. Certainly at 4:30 in the morning on the 21 28th she's in very bad condition, you'd agree? 22 A. I'd agree she's unstable. 23 Q. She needs immediate care; would you agree? 24 MR. RYAN: Form. 25 A. I agree she's unstable according to this note. Page Q. What's the condition they're reporting at 5 a.m.? 2 A. Unable to obtain BP at this time. 3 Q. What does that mean? 4 A. That means that they could not get a blood 5 pressure. 6 Q. What does that mean for the patient? 7 A. Patient is very unstable. 8 Q. What should be done with a patient that's that 9 unstable? 10 MR. RYAN: Form. 11 MR. THORNTON: Same objection. 12 A. There's multiple things at this point. More 13 pressor support, blood if it's considered a -- you just 14 have to treat whatever you suspect the issue is. 15 Q. (BY MR. SAWICKI) If you had been consulted at 16 5 a.m. on the 28th, you actually got that consult with 17 what had been reported here, what would you have said 18 should be done for that patient? 19 MR. RYAN: Form. 20 MR. THORNTON: Form. 21 A. I would have had to have gone in and assessed 22 her. It's hard to say over the phone. 23 Q. (BY MR. SAWICKI) How long would it have taken to 24 transfer her if you felt like she needed to be out of 25 UGH several hours before on the 27th, how long would it 50 (Pages 194 to 197) lectronically signed by Lei Sherra Torrence ( )

52 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page have taken her to be transferred to a facility that 2 could handle her needs? 3 MR. THORNTON: Objection; form. 4 MR. RYAN: Form. 5 A. It depends. 6 Q. (BY MR. SAWICKI) What does it depend on? 7 A. Multiple things. Who's accepting, the facility, 8 how quickly they can get her transferred. Sometimes it 9 can take 30, 45 minutes. Other times it can take three 10 hours. 11 Q. In a situation like this where the nurses are 12 reporting that they're unable to report a blood pressure 13 for a patient, how long would you expect it to take them 14 to transfer the patient to another facility? 15 MR. RYAN: Form. 16 A. It's hard to make assumptions. It depends on the 17 facility. 18 Q. (BY MR. SAWICKI) You're not going to offer any 19 testimony about as a medical director at UGH how long it 20 would take for the UGH staff to effect a transfer of a 21 patient who's reported to have no blood pressure? 22 A. I don't know how long it would take as a medical 23 director. 24 Q. Okay. 25 A. I've never had to transfer someone. Page Q. Do you know if any other doctors had suggested 2 that Mrs. Mejia be transferred out of UGH that day? 3 A. Outside of myself? 4 Q. Yes. 5 A. I don't know. 6 Q. Do you know what doctor made the decision to 7 transfer Mrs. Mejia outside of UGH that day? 8 A. Only through the peer review. 9 Q. It's not reflected in the records, is it MR. RYAN: Form. 11 Q. (BY MR. SAWICKI) -- independent of the peer 12 review? 13 MR. RYAN: Form. 14 A. I don't know. 15 Q. (BY MR. SAWICKI) Well, I've looked through it. 16 Is there a note that you believe, independent of the 17 peer review, reflects who made the decision to transfer 18 Mrs. Mejia out of UGH that day? 19 A. Well, I can't speak outside of the peer review. 20 (Exhibit Number 11 marked.) 21 Q. (BY MR. SAWICKI) Okay. I'll show you Exhibit Have you seen a discharge summary before? 23 A. Yes. 24 Q. I want you to -- and this is the discharge 25 summary for -- by Dr. Bianco regarding Ms. Mejia. Have Page you seen that before outside of the peer review? 2 A. No. 3 Q. On the last page I want to ask you on the last 4 paragraph; do you see that? 5 A. The patient was followed, that one? 6 Q. On the last page it says, at that point. 7 A. Okay. Yes. 8 Q. Can you read that sentence for me? 9 A. "At that point around 5 o'clock I was removed 10 from the case and the patient was to be cared for by 11 another physician." 12 Q. Do you know who that physician was? 13 A. I was told she had three other physicians. 14 Q. Again, we're going back to the nephrologist, the 15 hospitalist and the A. Critical care doctor. 17 Q. -- critical care doctor. Do you believe that's 18 what Dr. Bianco's testimony will be? 19 MR. RYAN: Form. 20 A. I'm not sure. 21 Q. (BY MR. SAWICKI) What do you think he will say 22 is his impression as to who was supposed to be caring 23 for her after he was removed at 5 p.m.? 24 MR. RYAN: Form. 25 A. I'm not sure. Page Q. (BY MR. SAWICKI) Have you ever talked to 2 Dr. Bianco about this patient? 3 A. Days later. 4 Q. When did you talk to Dr. Bianco about this 5 patient? 6 A. I talked to him in regards about this patient 7 when I wanted -- when I asked him about one of his other 8 patients. So I -- honestly I don't know the dates. It 9 was -- I was going off maybe the 30th. Maybe it may 10 have been the 30th. 11 Q. Was it before you learned that Dr. Schade was 12 seeking to revoke your privileges? 13 A. It was before that. 14 Q. And what triggered your conversation with 15 Dr. Bianco? 16 A. It was another patient that I had been asked to 17 see. 18 Q. Was it the patient you told me about earlier with 19 the colonic injury? 20 A. No. It was the ostomy patient. 21 Q. And what was it about the ostomy patient that you 22 were in need of contacting Dr. Bianco? 23 A. I needed to know if he's -- was he still seeing 24 patients like postop, like, in an office somewhere. 25 Q. Where did you get in touch with Dr. Bianco? 51 (Pages 198 to 201)

53 Page A. The nurse called. The charge nurse called him 2 for me. I didn't have his number. 3 Q. Did you speak with him in person or just by 4 phone? 5 A. No, just by phone. 6 Q. And what did Dr. Bianco tell you he was doing 7 with respect to seeing patients? 8 A. That he still was seeing patients. 9 Q. What did he tell you with respect to Mrs. Mejia? 10 MR. RYAN: Form. 11 A. I just asked him what happened and he said he laparoscopic cholecystectomy had apparently a small 13 injury. The first time that he thought he repaired. 14 She got admitted postop, didn't do well overnight, so 15 they had called him in the wee hours. He came back in 16 reoperated on her and he -- I believe he said he thought 17 it was the right hepatic. 18 Q. (BY MR. SAWICKI) What else did he say? 19 A. And he said he repaired it and, you know, sent 20 her to the ICU. I mean, that's pretty much Q. Did Dr. Schade in this conversation tell you that 22 he believed he had injured Mrs. Mejia's right hepatic 23 artery in the original laparoscopic procedure? 24 MR. THORNTON: Objection; form. 25 A. He didn't say that. Page A. I asked him. 2 Q. What did you ask him? 3 A. I said, what happened with this other patient. 4 Q. And in response did he say there had been an 5 arterial injury during the procedure that he had 6 repaired? 7 MR. THORNTON: Form. 8 A. Then he said I had -- did -- performed a 9 laparoscopic cholecystectomy and I had a small arterial 10 injury that I repaired on the initial surgery. 11 Q. (BY MR. SAWICKI) Okay. Then you said in your 12 discussions with him she was admitted postop? 13 A. He was saying she was admitted postop and then 14 she got into some, you know, instability kind of 15 overnight into the morning and then he called -- was 16 called back in and he did a re -- reoperated on her, 17 opened her, had a bleed and at that time he said he 18 believed it to be the right hepatic artery. 19 Q. Did he say anything else about that? 20 A. He repaired it. 21 Q. Did he at this point in time tell you anything 22 about whether the right hepatic artery was this arterial 23 injury he was referencing earlier? 24 MR. THORNTON: Form. 25 A. No, he didn't. Page Q. (BY MR. SAWICKI) In your earlier response you 2 said that he told you there had been a small injury. 3 What was it he told you? 4 A. He said an arterial injury that he repaired on 5 the original surgery. 6 Q. Okay. So we're clear, in the conversation with 7 Dr. Bianco, did he tell you that there had been a small 8 injury to an arterial -- badly asked question. Did 9 Dr. Bianco -- strike all that, start over. 10 Did Dr. Bianco tell you that he had injured 11 an artery during the original laparoscopic procedure? 12 MR. THORNTON: Form. 13 A. That he repaired, yes, small -- yes, small 14 artery. 15 Q. (BY MR. SAWICKI) Did he indicate to you what 16 artery he had injured in the original procedure? 17 MR. THORNTON: Form. 18 A. No. 19 Q. (BY MR. SAWICKI) Did you form an impression 20 about what artery had been injured in the original 21 procedure? 22 MR. THORNTON: Form. 23 A. No. 24 Q. (BY MR. SAWICKI) How did it come up -- how did 25 Dr. Bianco bring up that subject with you? Page Q. (BY MR. SAWICKI) Did you form the opinion that 2 there were separate injuries or was this the same injury 3 in your mind? 4 MR. THORNTON: Form. 5 MR. RYAN: Join. 6 THE WITNESS: Huh? 7 MR. RYAN: You can answer. 8 A. I thought it may have been the same. 9 Q. (BY MR. SAWICKI) Why is that? 10 A. Because sometimes it happens when you think you 11 may have repaired it, it can rebleed for multiple 12 reasons. 13 Q. Did he share with you any reasons why he felt it 14 was a rebleed? 15 MR. THORNTON: Form. 16 A. No. 17 Q. (BY MR. SAWICKI) Did he tell you anything else 18 about Mrs. Mejia's care? 19 A. No. 20 Q. Did you share with him any description of your 21 conversations with Dr. Schade? 22 A. I did, yes. 23 Q. What did you tell Dr. Bianco about that? 24 A. I just said, well -- well, I said, well -- I 25 asked because Dr. Schade had called me to take over care 52 (Pages 202 to 205) lectronically signed by Lei Sherra Torrence ( )

54 1 of this patient. 2 Q. What did he say? 3 A. Nothing. Oh, okay. 4 Q. Did you discuss with Dr. Bianco that you felt 5 bullied by Dr. Schade? 6 A. I don't think I mentioned that to him, no. 7 Q. Did you discuss with Dr. Bianco that you felt Page uncomfortable about taking over Mrs. Mejia's care for 9 all the reasons you've told me about? 10 A. I did. I told him -- I said, but I didn't feel 11 comfortable. 12 Q. What did Dr. Bianco say in response to that, 13 absolutely nothing? 14 A. No. I think he just kind of discussed his role 15 really. I mean we didn't -- and that was -- he didn't 16 have any comment to my decision or make a comment on my 17 decision. I mean, we kind of focused on his role and 18 then kind of changed. We didn't talk about his 19 suspension or Q. So when you say you discussed his role, what is 21 that -- what was it you were talking about? 22 A. What we discussed earlier what happened with the 23 patient. 24 Q. And am I correct you had no conversation with 25 Dr. Bianco about why his privileges had been revoked? Page A. I typically try to stay out of other... 2 Q. (BY MR. SAWICKI) It was in the news, that's why 3 I asked. 4 A. No. 5 Q. Okay. So this would be, in your recollection, 6 the first time you'd ever heard of a surgeon having his 7 or her privileges revoked while they were actively 8 caring for a patient, true? 9 A. This is the first time that that's happened. 10 Q. Okay. And your curiosity did not rise to the 11 level to make any inquiry of Dr. Bianco about what had 12 happened? 13 MR. THORNTON: Objection; form. 14 A. I didn't feel it was my place. 15 MR. RYAN: Form. 16 Q. (BY MR. SAWICKI) And at this point in time, the 17 second one that might have lost their privileges 18 would've been you if Dr. Schade had had his way, 19 correct? 20 A. He wanted my privileges suspended. 21 Q. And you didn't ask -- did you have that 22 impression that he was seeking the revocation of your 23 privileges at the time you talked to Dr. Bianco? 24 A. No. 25 Q. Now, you mentioned earlier when we were trying to Page A. No. 2 Q. Why didn't you ask him about that? 3 A. I -- it's none of my business. 4 Q. Was it part of -- was his privileges being 5 revoked part of why you were concerned about taking over 6 Mrs. Mejia's care? 7 A. No. 8 Q. Had your -- in your time at UGH, had you been 9 aware of other doctors whose privileges had been 10 revoked? 11 A. No. 12 Q. You heard of Mr. -- or Dr. Duntsch? 13 A. No. 14 Q. That's the doctor that has a drug problem. You 15 haven't heard about him? 16 MR. THORNTON: Form. 17 A. No. 18 Q. (BY MR. SAWICKI) That the Board of Medical 19 Examiners took away his privileges? 20 MR. THORNTON: Form. 21 MR. HINES: Form. 22 MR. RYAN: Form. 23 Q. (BY MR. SAWICKI) Neurosurgeon? 24 MR. RYAN: Form. 25 MR. THORNTON: Form. Page figure out what day you talked to Dr. -- Mr. Gleitz 2 someone had made a complaint to you or about you to the 3 medical board, correct? 4 A. Correct. 5 Q. When did that take place? 6 A. I don't recall the date. 7 Q. Who made the complaint? 8 A. Dr. Schade. 9 Q. When did you learn of it? 10 A. Somewhere around this time frame shortly after I 11 wrote this Q. Shortly after you wrote the or before the 13 because the references that? 14 A. Well, no the MR. RYAN: Objection; form. 16 A. -- references suspension of privileges that he 17 tried to do that first. That's what the was for. 18 I found out later because they didn't do that, he went 19 to the medical board. 20 Q. (BY MR. SAWICKI) Okay. Do you know where 21 Dr. Bianco is today? 22 A. No. 23 Q. Do you know where he practices today? 24 A. No. 25 Q. Do you know if he practices today? 53 (Pages 206 to 209) lectronically signed by Lei Sherra Torrence ( )

55 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page A. No. 2 Q. Have you had any contact with him other than this 3 contact that you've described to me? 4 A. No. 5 Q. Do you know anyone from your practice that refers 6 patients to Dr. Bianco? 7 A. No. 8 Q. Do you receive any patients referred from 9 Dr. Bianco to you? 10 A. No. 11 Q. Does Dr. Alexander, to your knowledge, have any 12 contact with Dr. Bianco? 13 A. No. 14 Q. Does Dr. Bianco, to your knowledge, have any 15 patients that are a part of the Covenant population? 16 A. No. 17 Q. Have you ever MR. RYAN: Mike, I'm still looking for that 19 break. 20 MR. SAWICKI: Yeah, two more. 21 Q. (BY MR. SAWICKI) Have you ever ed or 22 texted Dr. Bianco? 23 A. I do not have his or phone number. 24 MR. SAWICKI: All right. Let's take a quick 25 one. I'll go over my outline and I'm close to being Page done. 2 MR. RYAN: Thanks. 3 THE VIDEOGRAPHER: Off the record at 3:57 4 p.m. 5 (Break taken from 3:57 p.m. to 4:06 p.m.) 6 THE VIDEOGRAPHER: Back on the record at 7 4:06 p.m. 8 (Exhibit Number 12 marked.) 9 Q. (BY MR. SAWICKI) Dr. Hamilton, are you ready to 10 continue? 11 A. Yes. 12 Q. With respect to your actions in this case, I've 13 been provided with an insurance policy. I'll show you 14 Exhibit A. Okay. 16 Q. Are you aware of any other insurance other than 17 that what's in Exhibit 12 that might cover your actions 18 or inactions involved in Mrs. Mejia's care? 19 A. No. 20 Q. Have you ever had your privileges revoked from 21 any hospital? 22 A. No. 23 Q. Other than this incident that you've told me 24 about with Dr. Schade, has any chief of staff threatened 25 to revoke or modify your privileges at a hospital? Page A. No. 2 Q. Am I correct that weight loss surgery is your 3 current focus of practice? 4 A. Yes. 5 Q. You graduated from medical school in 2007? 6 A. Yes. 7 Q. And I apologize. I seem to recall that I asked 8 you how many times you've performed a laparoscopic 9 cholecystectomy. Have you told me that? 10 A. You asked how many times at UGH. 11 Q. Can you give me an estimate of how many times 12 you've performed that type of procedure in general? 13 A. I'd say at least 500. One of the most common. 14 Q. Did any of them involve injuries to the right 15 hepatic artery? 16 A. No. 17 Q. Your web site indicates that you've traveled the 18 world for your studies. What does that mean? 19 A. I just studied different places in different 20 countries. 21 Q. What other countries have you studied in? 22 A. Dominican Republic, France, Italy. 23 Q. Are you in any kind of Doctors Without Borders or 24 anything like that organizations? 25 A. I was in something similar at one point. Page Q. What was that organization? 2 A. Well, it's called Missionary -- it was like 3 mission work. I think it's MIMI, I think. 4 Q. Okay. Ever been deposed before today? 5 A. No. 6 Q. I know that you're involved in another suit 7 regarding Mr. Saucedo? 8 A. Saucedo. 9 Q. Saucedo. Haven't been deposed in that case? 10 A. No. 11 Q. That case is still ongoing? 12 A. Yes. 13 Q. I'll let other lawyers talk with you about that. 14 Have you told me everything you remember regarding 15 conversations with Dr. Schade on the 27th, 28th and 16 going forward to the present? 17 A. Yes. 18 Q. Any other UGH administrators or officials that 19 discussed your care involved in this case or not being 20 involved in this case that we haven't talked about? 21 A. No. 22 MR. SAWICKI: Okay. Subject to the 23 material that we're still waiting for, I'll pass you 24 reserving the right to come back and talk to you about 25 those things when we get them. 54 (Pages 210 to 213)

56 Page THE WITNESS: Okay. 2 MR. THORNTON: I will reserve my questions. 3 EXAMINATION 4 BY MR. HINES: 5 Q. Dr. Hamilton, I have just a few questions for 6 you. I'm going to skip all over the place because 7 hopefully it will make things quicker, okay? 8 A. Okay. 9 Q. First, I think I heard you tell Mr. Sawicki that 10 you told somebody that it was going to be your last day. 11 Were you about to go on maternity leave when all of this 12 occurred? 13 A. Short -- the -- I believe the 30th or the 1st was 14 my last day, yes. 15 Q. So effective at the end of the month A. Yes. 17 Q. -- you were going on maternity? Okay. Who did 18 you advise of it? Did you tell that to Dr. Schade? 19 A. The CEO. They all knew -- you know, when you're 20 walking around, they're all like, oh, when are you when is your last day. So they all knew. 22 Q. But at some point on that day, did you reiterate 23 that to somebody? 24 A. Chuck. 25 Q. Mr. Schuetz? Page A. Yes. I just remembered the name of the call guy 2 because it was his mom, John Zacharias. 3 MR. RYAN: Do not -- 4 A. I'm sorry. That was my first patient on call, 5 his mom. 6 MR. RYAN: Don't identify any -- 7 MR. HINES: Yeah, we're not going to -- 8 MR. RYAN: -- specific patients, please. 9 THE WITNESS: Sorry. 10 Q. (BY MR. HINES) So -- okay. That would've been 11 your first patient there? 12 A. Yes. 13 Q. Okay. Did you -- did Dr. Alexander already work 14 at UGH or did you two come together? 15 A. I can't recall. We kind of the same time. 16 Q. And Dr. Michael Green, how did you know him? Did 17 you know him professionally? Did you work together, 18 partnership before? 19 A. He taught me. 20 Q. He taught you the bariatric piece of it? 21 A. Some of it, yeah, along with my training. He was 22 one of the teachers. 23 Q. Where was that? 24 A. Actually -- he actually taught me in, I believe, 25 it was the Ethicon headquarters in Cincinnati. Page A. Yes. 2 Q. And on the 27th when you're having this series of 3 phone calls, where were you, do you recall physically? 4 A. In the car. 5 Q. All of them? 6 A. Almost all of them. I actually was going in 7 between hospitals. I had just left UGH not that long 8 ago. 9 Q. Do you recall what time of day you left UGH? 10 A. I believe I left -- it was somewhere -- I think 11 it was like 3:00, a little after 3:00, yeah. 12 Q. Were you going to another hospital at that stage 13 or were you going home? 14 A. Another hospital. 15 Q. What hospital? 16 A. Texas General. 17 Q. When did you start practicing at UGH? 18 A. Probably when I started taking call. I got my 19 privileges before then, but I didn't -- I didn't go 20 there. I had my -- literally the first day I took call 21 when I got my first patient. 22 Q. When was that? 23 A. April. It was in April. I can't remember the 24 exact date. 25 Q. Did Dr. Alexander take call there as well? Page Q. At a seminar? 2 A. Uh-huh. 3 Q. Is that a yes? I'm sorry. 4 A. Yes. I'm sorry. 5 Q. And you are Board certified, correct? 6 A. Yes. 7 Q. In surgery? 8 A. Yes. 9 Q. When were you boarded? 10 A. January of Q. And you were certainly qualified to provide care 12 and treatment to general surgery patients such as 13 Ms. Mejia, correct? 14 A. Yes. 15 Q. And you had performed that same procedure that 16 she had, the lap chol, about 500 times in your career, 17 give or take? 18 A. Yes. 19 Q. I think your web site refers to that as sort of 20 the bread and butter of general surgery, is that your 21 understanding? 22 A. Yes. 23 Q. And now skipping around a little bit again. I 24 think at some point in time you were asked to review her 25 chart; is that correct? 55 (Pages 214 to 217) lectronically signed by Lei Sherra Torrence ( )

57 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page A. Yes. 2 Q. And that's outside of the peer review? 3 A. Yes. 4 Q. Correct? When did you do that chart review, the 5 morning of the 28th? 6 MR. RYAN: Form. 7 A. I didn't -- I ended up not doing it. 8 Q. (BY MR. HINES) Okay. 9 A. She got transferred. That's when I said I was 10 going to do it. I was going to come in that morning. 11 Q. Okay. So you never got around to doing it? 12 A. I never got around to doing it. 13 Q. Okay. And you told us you received a voice mail 14 at 9 p.m. that you did not hear until 5:00; is that 15 correct? 16 A. Correct. 17 Q. And you don't remember who that was from? 18 A. They just said, I'm a nurse at UGH. 19 Q. Would it have been a woman or A. It was a female. 21 Q. Okay. 22 A. Yes. 23 Q. Where did you -- did that voice mail go to your 24 cell phone, answering service or some other phone? 25 A. It went to my cell phone. Page Q. Okay. On the 27th or 28th, did you have any 2 conversations with any of the other doctors that were 3 treating Ms. Mejia? 4 A. No. 5 Q. Okay. But you know she was being treated by a 6 nephrologist? 7 A. Pulmonary, critical care specialist and 8 hospitalist. 9 Q. Hospitalist. Three docs, four specialties? 10 A. Three docs -- yeah, pretty much. 11 Q. Okay. And then eventually an ER physician was 12 involved as well, correct? 13 A. Peer review. 14 Q. Nurses can't order to transfer a patient, can 15 they? 16 A. I don't think so. 17 Q. They need a physician of some sort? 18 A. I believe so. 19 Q. Once a transfer is ordered they then initiate it 20 and go through with the process, fair? 21 A. Yes. 22 Q. You don't fault the nurses for calling you if 23 indeed they were told you were on the case, do you? 24 A. No. 25 MR. HINES: That's all the questions I have. Page I appreciate it. 2 THE WITNESS: Okay. 3 MR. SAWICKI: You got some? 4 MR. RYAN: (Nods head up and down.) 5 EXAMINATION 6 BY MR. RYAN: 7 Q. Dr. Hamilton, there were some questions earlier 8 about a communication that you had with Mr. Schuetz, the 9 CEO of University General Hospital, I believe, on the 10 afternoon of June 27th, Do you recall that? 11 A. Yes. 12 Q. It's my understanding, and correct me if I'm 13 wrong, during the course of that communication with 14 Mr. Schuetz you requested or said that you needed a copy 15 or still didn't have a copy of the UGHD bylaws; is that 16 correct? 17 A. Yes. 18 Q. And did Mr. Schuetz say that he would send you a 19 copy or have a copy of those sent to you by ? 20 A. Yes. 21 Q. Did Mr. Schuetz have any communication 22 with you to transmit any bylaws? 23 A. He did not, no. 24 Q. Did -- other than -- I'm sorry. What's the 25 exchange? The exhibit number for the Page exchange between you and Mr. Schuetz on July 1st? 2 A. Three. 3 Q. Thank you. Other than the marked as 4 Exhibit 3 to your deposition communicating between 5 yourself and Mr. Schuetz, were there any other 6 correspondence that you had with Mr. Schuetz? 7 A. No. 8 Q. Did someone on Mr. Schuetz's behalf you a 9 copy of either bylaws or medical staff rules and 10 regulations? 11 A. Bylaws. 12 Q. And who was that? 13 A. Erica Cleveland. 14 Q. And when did you receive those? 15 A. Sometime that evening. 16 Q. Was there any -- and you received those by 17 ? 18 A. By Q. Were the bylaws an attachment to the ? 20 A. Yes. 21 Q. Was there any content to the itself in 22 terms of substantive communications from either 23 Mr. Schuetz to Ms. Cleveland to you? 24 A. Not that I'm aware, no. 25 Q. Do you believe that you provided a copy of that 56 (Pages 218 to 221)

58 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page to counsel representing you in the Texas Medical 2 Board matter? 3 A. Yes. 4 Q. Have you requested a copy of that to be 5 provided to you? 6 A. I don't recall. 7 Q. Okay. With regard to any other s regarding 8 Ms. Mejia or Ms MR. RYAN: How do you pronounce it, Mike? 10 MR. SAWICKI: Mejia. 11 THE WITNESS: Oh. 12 MR. SAWICKI: Mejia. Mejia. I've said it 13 both ways. 14 Q. (BY MR. RYAN) With regard to the circumstances 15 or incident involving the request for your involvement 16 in Ms. Mejia's treatment or care, are there any other 17 correspondence passing between you and any 18 representative of University General Hospital other than 19 what's been marked as Exhibit 3 and the from 20 Erica Cleveland transmitting the bylaws to you? 21 A. No. 22 Q. Are there any or other types of 23 correspondence passing between you and any physician in 24 regard to Ms. Mejia's care and treatment in July 2014? 25 A. No. Page Q. I'm not sure what the document number is, but I'd 2 like for you to reference the agreement for physician 3 services, please. 4 A. Exhibit 4. 5 Q. That's Exhibit 4? 6 A. Yes. 7 Q. Okay. Up at the top of Exhibit 4 on page one it 8 says the effective date of the agreement is April 1st, , correct? 10 A. Correct. 11 Q. And am I correct in understanding your earlier 12 testimony that the first time you actually treated any 13 patient on call at UGHD was after April 1st, 2014? 14 A. Yes. 15 Q. Do you recall when it was? 16 A. Not the exact date. 17 Q. All right. In regard to the services that you 18 furnished to University General Hospital, after this 19 contract was in effect, did you from time to time 20 receive calls either from hospital staff or from 21 surgeons asking you to consult while you were on call, 22 patients who were not emergent patients? 23 A. Yes. 24 Q. Was that an unusual or rare occurrence? 25 A. Not necessarily. Page Q. As a matter of routine, did you always accept 2 those patients and respond to those on-call requests? 3 A. No. 4 Q. At any time did anyone -- strike that. 5 Did -- so from time to time you declined 6 consult requests made to you as on-call surgeon? 7 A. From the floor probably most of the time. 8 Q. Did either Mr. Schuetz or anyone else on behalf 9 of the administration of University General Hospital 10 ever discuss with you that you were not complying with 11 the terms of the agreement for physician services by not 12 accepting those consult requests that weren't from the 13 emergency department? 14 A. No. 15 Q. Did any other physician confront you and complain 16 or just at least mention to you that in their opinion 17 you were not complying with the terms of the agreement 18 for physician services by declining those nonemergent 19 consult requests? 20 A. No. 21 MR. RYAN: Pass the witness. 22 REEXAMINATION 23 BY MR. SAWICKI: 24 Q. Just to clarify, with regards to Exhibit 3, the 25 , you indicated earlier that you sent it to a Page number of other individuals other than Mr. Schuetz, 2 correct? 3 A. The administration. 4 Q. Yeah. And it's a number of different people, 5 none of which is reflected on this , correct? 6 A. I don't see them -- any names on this . 7 Q. Right. This has been redacted or changed 8 to the -- it does not reflect the original list of 9 people you actually sent this that begins the 10 thread with to, correct? 11 A. That's correct. 12 Q. Okay. With respect to the -- are you an expert 13 on nursing care? 14 A. No. 15 Q. All right. When you were talking with Mr. Hines 16 you said something about receiving this call around 17 9 p.m. on your cell phone. Do you remember that? But 18 you didn't get the message until 5:00? 19 A. So I didn't receive the actual phone call. I 20 only got the message at 5 a.m. There was a message at 5 21 a.m. There was no missed call or phone call. 22 Q. And I'm looking at the record of Sprint calls. 23 This is the call -- this is the cell phone you were 24 referencing, correct? 25 A. Yes. 57 (Pages 222 to 225)

59 Page Q. I don't see any call at 9 p.m. on this document. 2 Am I overlooking one? 3 A. I didn't see one either and I didn't get one on 4 my phone. 5 Q. And where was the 5 a.m. call when you received 6 it? 7 MR. RYAN: Form. You mean the number? 8 Q. (BY MR. SAWICKI) I don't see any evidence of a 9 9 a.m. call -- or 9 p.m. call that you're referencing on 10 your cell phone. 11 A. I got a message. I did not get the missed call. 12 Q. All right. With respect to Mrs. Mejia's care at 13 5 o'clock on the 27th, do you think it would've helped 14 to have had a general surgeon consult on her care? 15 A. 5 p.m.? 16 Q. 5 p.m. on the 27th when Dr. Schade called you. 17 Do you think it would've helped to have had a surgical 18 consult at that time? 19 MR. RYAN: Form. 20 MR. THORNTON: Same objection. 21 A. I think it depended on her -- what the doctors 22 thought some of her issues could be if they could be 23 surgical in nature. 24 Q. (BY MR. SAWICKI) If the issues were surgical in 25 nature, do you think it's appropriate for the chief of Page A. If she was having problems. 2 Q. (BY MR. SAWICKI) Sure. And you don't think that 3 it's wrong for a chief of staff to pursue that kind of 4 person's expertise, a doctor who's performed the same 5 kind of procedures involved with that patient to get 6 their opinions as to what might be going on with the 7 patient? You don't think there's anything wrong with 8 that, do you? 9 MR. RYAN: Form. 10 A. To giving an opinion, no. 11 Q. (BY MR. SAWICKI) And do you think that that kind 12 of logic, we have a patient that's just undergone a 13 laparoscopic cholecystectomy, let's get the opinion of a 14 doctor whose bread and butter is doing that same type of 15 procedure, do you think there's anything wrong with 16 Dr. Schade reaching that conclusion about that being 17 necessary MR. RYAN: Form. 19 Q. (BY MR. SAWICKI) -- for Mrs. Mejia? 20 MR. RYAN: Form. 21 A. If that's her problem. At the time she had 22 multiple medical issues. The problem was not surgical 23 under my understanding. 24 Q. (BY MR. SAWICKI) Well, ultimately, she's found 25 to have a continued bleed of the right hepatic artery, Page staff of the hospital to call for a surgical consult? 2 A. I think it's appropriate for him to find or 3 request a surgeon to consult, yes. 4 Q. And is that because the surgical doctor might 5 have knowledge or experience or information that other 6 doctors like a nephrologist or a pulmonologist might not 7 have? 8 MR. RYAN: Form. 9 A. Maybe but not necessarily. 10 Q. (BY MR. SAWICKI) Certainly we don't give the 11 patient the opportunity of the expertise and knowledge 12 of someone that performs the same kind of procedures she 13 just underwent as their bread and butter of their 14 practice, correct? 15 MR. RYAN: Form. 16 A. State the question again. 17 Q. (BY MR. SAWICKI) Sure. If the -- if a surgeon 18 is asked, who performs the kind of procedure that the 19 patient has undergone to the point where it's their 20 bread and butter that they do a lot of and know a lot 21 about, if that patient is having problems, you don't 22 think it's wrong for the chief of staff to call a doctor 23 with that area of expertise and knowledge to consult on 24 that patient? 25 MR. RYAN: Form. Page correct? 2 MR. THORNTON: Objection; form. 3 MR. RYAN: Form. 4 Q. (BY MR. SAWICKI) You don't know? 5 A. I don't know. 6 Q. Okay. Assume with me for a moment that when 7 she's finally transferred to Baylor, they do an emergent 8 procedure. And by the way, you've never been told 9 outside the peer review what happened to Mrs. Mejia? 10 A. Correct. 11 Q. No one at the hospital came to you at any time 12 when your privileges were subject to being revoked by 13 Dr. Schade and you're communicating with doctor -- or, I 14 guess, Mr. Schuetz, no one told you what had actually 15 happened to Mrs. Mejia? 16 A. I knew she was transferred. 17 Q. And beyond that you didn't know anything? 18 A. I did not know. 19 Q. You didn't know that she died a short time later? 20 A. No, I did not. 21 Q. From acute blood loss? 22 A. No. 23 MR. THORNTON: Form. Last question. 24 Q. (BY MR. SAWICKI) Did you have any curiosity 25 after she was transferred out? Were you at least 58 (Pages 226 to 229) lectronically signed by Lei Sherra Torrence ( )

60 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page curious about what had happened to her? 2 A. Yes. 3 Q. Who did you -- who did you go to to find out? 4 MR. RYAN: Form. 5 A. I just asked the ICU charge nurse at the time. 6 Q. (BY MR. SAWICKI) And what did they tell you? 7 A. She was transferred to Baylor. They didn't... 8 Q. And you were busy with the effort to revoke your 9 privileges. You never followed up to find out what 10 happened to the patient, true? 11 A. That's not true. 12 Q. When did you follow up to find out what A. When I asked Q. -- happened to the patient? 15 A. Sorry. When I asked the ICU nurse. 16 Q. Okay. 17 A. And all I was told is she was transferred. 18 Q. Okay. And she told you where, correct? 19 A. To Baylor. 20 Q. Did you call Baylor? 21 A. No. 22 Q. Did you ask anyone, hey, whatever happened to 23 Mrs. Mejia when she went to Baylor? 24 MR. RYAN: Form. 25 A. No. She wasn't my patient. Page Q. (BY MR. SAWICKI) But you were at risk of losing 2 your privileges because of your refusal to see her at 3 the time, true? 4 A. That was based on one person's opinion. 5 MR. SAWICKI: Okay. I'll pass the witness 6 subject to what we said before. 7 MR. THORNTON: Nothing. 8 MR. HINES: I have nothing at this time. 9 REEXAMINATION 10 BY MR. RYAN: 11 Q. Real quickly, Doctor, in regards to Exhibit A. Yes. 13 Q. -- it's the between yourself and 14 Mr. Schuetz. Do you recall who else it was that you 15 sent the to initially besides Mr. Schuetz? 16 A. Debbie Woods, Mike Griffin, and I remember the 17 other name now, it was Warren -- Warren, I think, 18 Robinson. His first name was Warren. 19 Q. If that's right, great. If it's not, I'm sure it 20 will emerge in time. But what is -- do you know what 21 Mr. Warren Robinson, for a lack of a better name, to go 22 forward with, what his title was? 23 A. No. 24 Q. Were there any other recipients that you included 25 on the besides Mr. Schuetz, Ms. Woods, Page Mr. Griffin and Mr. Robinson? 2 A. No. 3 Q. Are you sure of that? 4 A. Yes. 5 Q. Why are you sure of that? 6 A. Because those are the kind of four contact people 7 for me whenever I had questions or dinners or marketing, 8 those are kind of my administrators that I went to. So 9 those are the only contacts that I had in the 10 administration. 11 MR. RYAN: All right. I appreciate you 12 clarifying that. Pass the witness. 13 MR. SAWICKI: I'm -- I'm -- subject to what 14 we said before. 15 MR. HINES: I'm done. 16 THE VIDEOGRAPHER: Off the record 4:31 p.m. 17 (Proceedings concluded at 4:31 p.m.) Page CHANGES AND SIGNATURE 2 WITNESS NAME: FRANCHELL RICHARD HAMILTON, M.D. 3 DATE: JULY 20, PAGE LINE CHANGE REASON (Pages 230 to 233)

61 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page 234 Page I, FRANCHELL RICHARD HAMILTON, M.D., have read 2 the foregoing deposition and hereby affix my signature 3 that same is true and correct, except as noted above FRANCHELL RICHARD HAMILTON, M.D THE STATE OF ) 11 COUNTY OF ) Before me,, on this day 14 personally appeared FRANCHELL RICHARD HAMILTON, M.D., 15 known to me (or proved to me under oath or through 16 ) (description of identity 17 card or other document) to be the person whose name is 18 subscribed to the foregoing instrument and acknowledged 19 to me that they executed the same for the purposes and 20 consideration therein expressed. 21 Given under my hand and seal of office this 22 day of, NOTARY PUBLIC IN AND FOR THE STATE OF 25 COMMISSION EXPIRES: Page CAUSE NO. DC GAMALIEL MEJIA, ) IN THE DISTRICT COURT INDIVIDUALLY, AND AS ) 3 REPRESENTATIVE OF THE ) ESTATE OF FRANCES MEJIA; ) 4 FRANK VASQUEZ AND MARY ) JANE VASQUEZ; ) 5 Plaintiffs, ) ) 6 VS. ) DALLAS COUNTY, TEXAS ) 7 DUFEK MASSIF HOSPITAL ) CORPORATION D/B/A ) 8 UNIVERSITY GENERAL ) HOSPITAL DALLAS; JOSEPH A. ) 9 BIANCO, D.O.; JOSEPH A. ) BIANCO, D.O., P.A., ) 10 FRANCHELL RICHARD ) HAMILTON, M.D.; COVENANT ) 11 SURGERY ASSOCIATES, ) P.L.L.C.; AND TONIKA ) 12 COLLINS; ) Defendants. ) 116TH JUDICIAL DISTRICT REPORTER'S CERTIFICATION 15 DEPOSITION OF FRANCHELL RICHARD HAMILTON, M.D. JULY 20, I, LEI SHERRA TORRENCE, Certified Shorthand Reporter 18 in and for the State of Texas, hereby certify to the 19 following: 20 That the witness, FRANCHELL RICHARD HAMILTON, M.D., 21 was duly sworn by the officer and that the transcript of 22 the oral deposition is a true record of the testimony 23 given by the witness; 24 That the deposition transcript was submitted on 25 to the witness or to the 1 attorney for the witness for examination, signature and 2 return to me by ; 3 That the amount of time used by each party at the 4 deposition is as follows: 5 MR. MICHAEL SAWICKI - 04 HOURS:17 MINUTES MR. ANDREW JONES - 00 HOURS:00 MINUTES 6 MR. TIMOTHY RYAN - 00 HOURS:08 MINUTES MR. RUSSELL THORNTON - 00 HOURS:00 MINUTES 7 MR. ERIC HINES - 00 HOURS:06 MINUTES 8 That pursuant to information given to the 9 Deposition officer at the time said testimony was taken, 10 the following includes counsel for all parties of 11 record: 12 MR. MICHAEL SAWICKI AND MR. ANDREW JONES, Attorney for Plaintiffs, 13 MR. TIMOTHY RYAN, Attorney for Defendants (FRANCHELL RICHARD HAMILTON, MD, and COVENANT) 14 MR. RUSSELL THORNTON, Attorney for Defendants (JOSEPH A. BIANCO, DO and JOSEPH A. BIANCO DO, 15 PA) MR. ERIC HINES, Attorney for Defendants 16 (UNIVERSITY GENERAL HOSPITAL DALLAS and TONIKA COLLINS) I further certify that I am neither counsel for, 19 related to, nor employed by any of the parties or 20 attorneys in the action in which this proceeding was 21 taken, and further that I am not financially or 22 otherwise interested in the outcome of the action. 23 Further certification requirements pursuant to Rule of TRCP will be certified to after they have 25 occurred. Page Certified to by me this 29th day of July, Lei Sherra Torrence, CSR 5 Texas CSR No Expiration Date: 12/31/ Firm Registration No. 631 Kim Tindall & Associates, LLC San Pedro, Suite 900 San Antonio, Texas (210) (210) (Fax) (Pages 234 to 237)

62 lectronically signed by Lei Sherra Torrence ( ) Franchell Richard Hamilton, MD July 20, 2015 Page FURTHER CERTIFICATION UNDER RULE 203 TRCP 2 The original deposition was/was not returned to the 3 deposition officer on ; 4 If returned, the attached Changes and Signature page 5 contains any changes and the reasons therefor; 6 If returned, the original deposition was delivered to 7 Mr. Michael Sawicki, Custodial Attorney; 8 That $ is the deposition officer's charges 9 to the Plaintiffs for preparing the original deposition 10 transcript and any copies of exhibits; 11 That the deposition was delivered in accordance with 12 Rule 203.3, and that a copy of this certificate was 13 served on all parties shown herein on and filed with the 14 Clerk. 15 Certified to by me this day of 16, Lei Sherra Torrence, CSR 20 Texas CSR No Expiration Date: 12/31/ Firm Registration No. 631 Kim Tindall & Associates, LLC San Pedro, Suite 900 San Antonio, Texas (210) (210) (Fax) (Page 238)

63 Page 239 A a.m 1:25 6:3 19:10 19:11,11,13 62:18 62:19,19,21 168:22 169:18 171:4 189:18 190:6 196:23 197:1,16 225:20 225:21 226:5,9 ability 59:5 65:16 80:9 137:22,25 able 55:14 64:11,19 64:23 66:2 68:14 120:1 143:18 191:20 abnormal 25:19,25 above-styled 1:24 abrupt 27:25 abscess 53:1 absence 124:2 128:16 absolutely 206:13 accept 11:19,22,23 27:1 107:6 127:5 127:7,10 149:12 151:24 152:18,21 153:13 158:7 188:2 224:1 accepted 11:16,18 55:8 accepting 75:23 198:7 224:12 accepts 107:3 access 115:12 177:24 187:5 accord 107:23 account 118:17 accurately 59:23 acknowledged 234:18 act 31:17 action 70:12 83:3 83:21 236:20,22 actions 85:6,13 102:7 117:13 119:2 211:12,17 actively 144:25 146:3 193:20 208:7 activities 119:3 activity 39:16 94:14 117:7,8,17 118:18,19,23 119:1,16 actual 78:10,11 79:1 84:25 89:18 117:19,21 144:16 147:12 164:11 174:8 225:19 acute 188:11 191:6 229:21 Addison 3:12 additional 59:4 61:3 163:19 address 60:15 61:13 84:2 91:2 101:21,23 addressed 196:13 196:17,21,22 adequate 112:2,12 administration 88:17 89:1 104:13 104:17,22 137:17 181:14,15 192:12 192:17 224:9 225:3 232:10 administrators 213:18 232:8 admissions 117:10 admit 68:5 112:19 114:2 admitted 16:11 39:11 114:16 202:14 204:12,13 admitting 13:22 14:3,6,10,13,20 16:13,19,20 19:19 114:9 advise 214:18 affect 139:8 affiliated 101:16 affix 234:2 afternoon 49:25 220:10 aggressive 26:17 ago 51:14 178:7 184:11 215:8 agree 8:10,13,22,25 9:1,3,12,15,19 20:18 23:7 28:17 95:25 110:6,20 111:14 120:10,18 129:3 144:24 187:15 195:21,22 195:23,25 agreed 104:24 108:11,12,13 110:7,10 agreement 5:14 93:25 94:13 96:3 96:19,22 99:21 101:3 102:14,20 103:11,17,22,25 104:4,7,10 107:22 109:12,17,20 110:2,8 117:12 118:9 120:11 121:24 125:19 130:14 223:2,8 224:11,17 agreements 101:24 102:4 Ajones@sawickil... 3:7 Alexander 121:3 121:16,18 124:18 124:24 125:3 130:13,24 143:10 143:22 156:23 158:23 159:18 160:3,7 186:1 210:11 215:25 216:13 Alexander's 121:4 alternate 120:23 121:2 122:14 123:14,20 124:10 124:18,20,25 125:9 126:4,7,9 126:12 128:17 alternated 122:3 alternative 77:3 Americas 4:3 amount 48:16 61:25 236:3 anatomy 47:14 50:7,8 and/or 166:25 Anderson 124:21 Andrew 3:3 236:5 236:12 Andy 6:6 anesthesia 29:21 anesthesiologist 29:12,16 anomalous 29:2 anomaly 41:7 answer 17:4 21:11 35:21 61:16 68:25 69:8,13 73:20 80:18 81:12,19 84:11 100:7 105:9 113:19,20,23,24 135:23 150:21 151:4 154:8 172:4 176:25 188:10 190:11 191:3 193:6 205:7 answering 5:16 28:8 167:16 172:13 175:3 191:15,18,20 192:15 218:24 answers 10:14 antibiotics 196:16 anticipation 82:15 Antonio 237:7 238:22 Anybody 52:25 anymore 142:25 179:9 anyways 180:2 apologize 212:7 apologized 24:13 90:10,23 apparent 67:21 apparently 78:19 139:1 146:20 167:9 193:24 202:12 appear 104:7 Appearances 5:3 appeared 234:14 appears 87:23 89:14,16 117:18 141:15 167:16 applicable 31:3 apply 129:23 appointed 21:6 122:15 125:10 126:10,13 appreciate 87:5 154:25 186:18 220:1 232:11 approach 181:15 approached 181:14 appropriate 9:22 10:1 54:8 226:25 227:2 approve 116:12 approximately 6:2 22:2 23:22 24:6 181:7,8 196:23 April 56:1 70:4 94:21,22,22 101:6 118:9 215:23,23 223:8,13 area 73:1 117:6 149:25 166:13 186:9 227:23 areas 73:7 argumentative 154:10 arises 17:6 arranged 128:18 arrived 37:2 art 7:16 arterial 203:4,8 204:5,9,22 artery 7:16,23 8:4

64 Page 240 8:8,11 9:22,25 54:22 55:13,13,16 55:18 59:10 63:2 202:23 203:11,14 203:16,20 204:18 204:22 212:15 228:25 artfully 14:2 asked 12:17 25:10 25:11,11 52:19 80:12 94:12 104:1 104:21 105:6 119:24 125:23 137:9,14 143:17 143:23 146:2 152:21 153:20,24 157:7,19 159:11 164:4 167:9 174:20 175:7 184:13,18 201:7 201:16 202:11 203:8 204:1 205:25 208:3 212:7,10 217:24 227:18 230:5,13 230:15 asking 31:22 52:1 60:1 71:7 116:15 133:25 147:21 156:15 172:16 175:20 223:21 aspect 31:7 104:10 assert 87:1 assessed 197:21 assign 10:24 assigned 20:20 21:2 45:9 assist 116:14 associated 118:24 118:24 155:9,19 187:5 Associates 1:11 101:16,17,22 235:11 237:6 238:21 association 6:13 assume 12:1,3,18 24:17 36:24 46:16 76:10 83:7 128:20 129:6,9,12,16 146:13 154:1,4 157:8 191:11 229:6 assuming 86:8,17 89:6,20 134:20 assumptions 198:16 assurance 69:9,10 assure 112:2,12 attached 2:6 238:4 attachment 221:19 Attempt 193:6 attend 122:17 123:20 125:12,13 125:18 127:3 attending 13:21 14:3,7,10,17 15:2 15:9 124:4,5 154:12 193:12,20 attention 107:14 122:8 attorney 71:5 82:7 236:1,12,13,14,15 238:7 attorneys 79:17,25 84:7 236:20 authority 10:23 122:16 125:11 126:22 127:2 128:19 129:4,5,15 129:22 available 54:4 56:20 122:15 124:5 125:9 126:7 126:12 128:21 129:7 130:4 Avenue 3:16 aware 17:7 20:10 20:13 22:23 46:1 87:24 95:3,10 101:24 102:4 104:2,8 155:21,25 156:17 178:8 207:9 211:16 221:24 awareness 117:1 axiom 154:4 B B 111:25 117:15 back 19:7,12 32:18 35:12,23,25 39:10 45:6 47:22 49:23 53:25 56:23 57:1 57:22 62:21 64:16 66:16 75:10 85:12 86:1 87:11 91:3 91:12,15,16 93:19 93:23 94:3 100:18 109:20 120:9 122:23 123:5 126:3 128:24 129:5 130:23 132:5 140:9 149:19 157:23,25 158:5,20 160:9,22 169:23 170:5 171:5 172:1 174:10,11 175:6 177:14 178:25 182:15,20 184:3 194:15 200:14 202:15 204:16 211:6 213:24 bad 71:7 75:8 141:16 195:21 badly 94:12 203:8 BAILEY 3:16 bariatric 185:17,19 185:19 186:2,6 216:20 bariatrics 161:5 based 67:17 72:20 97:10 112:4 145:12 231:4 basic 66:11,19 67:3 basically 145:20 basing 92:21 basis 11:10 92:11 99:2 111:20 150:22 151:6 155:23 175:25 177:6 184:14 bathroom 61:15 Baylor 56:22 229:7 230:7,19,20,23 BB 193:8 becoming 146:10 begins 62:20 132:4 225:9 behalf 6:7,8,10,12 221:8 224:8 believe 11:14 13:14 32:12 38:17 39:12 42:23 43:6 52:9 64:6 96:5 98:21 100:9,11 103:19 105:13 106:6,9 108:4 111:9 113:5 113:16 117:14 122:6,23 125:17 126:2 127:24 128:2 129:11,13 133:22,24 136:24 137:1 141:3 142:1 142:5 143:7,9,14 153:4 154:23 155:7 160:21 183:19 190:2 199:16 200:17 202:16 214:13 215:10 216:24 219:18 220:9 221:25 believed 47:23 107:9 202:22 204:18 benefit 53:2 best 11:25 12:2,20 26:11 47:13 49:6 49:15 50:10,16 63:25 135:11 139:15 better 27:18,19 70:20 73:23 74:9 231:21 beyond 179:3 229:17 Bianco 1:9,9 3:14 3:14 6:13 10:8 15:17 20:4,14 22:7 23:6,14,15 23:16,19 24:14 25:17 33:3,6,8,11 34:15 35:16,19,25 36:4,22,24 37:13 37:23 41:18 42:3 43:24 44:1,3,17 45:14 46:2 54:16 126:7,10 130:25 132:21 133:5 139:1 144:7 163:12,25 164:2 164:10,17 166:4 166:14,14,16 187:13 199:25 201:2,4,15,22,25 202:6 203:7,9,10 203:25 205:23 206:4,7,12,25 208:11,23 209:21 210:6,9,12,14,22 235:9,9 236:14,14 Bianco's 32:25 37:4,17 40:14 126:4 200:18 big 55:18 117:17 bile 50:14 98:25 99:1,11 billing 31:7 bit 7:4 217:23 blank 117:16,17,18 blanking 90:11 bleed 47:25 48:6,19 50:6,9,13 54:21 58:20,22,25 60:6 60:10,15 63:2,6 97:21 98:10 196:6 204:17 228:25 bleeding 8:8,12,15 8:24 9:17,22 10:1

65 Page :21 59:11,22 61:24,25 144:23 144:25 146:2,3,7 146:16 195:9 196:12 bleeds 55:10 blood 13:10 47:4 48:15,16 49:20 50:1 57:16,17,24 57:25 58:3,6,8,9 58:15 59:5,5 60:7 60:16 61:3,21,25 62:3 63:16 195:7 195:8 196:3 197:4 197:13 198:12,21 229:21 blow 7:10 board 78:1 79:14 79:16 82:21 83:3 83:21 84:17 180:13 181:1,9 207:18 209:3,19 217:5 222:2 boarded 217:9 body 10:1 110:2 bold 127:16 Borders 212:23 bottom 22:2,4 132:20 boxes 117:23 BP 193:8 194:22 197:2 branch 55:16 bread 217:20 227:13,20 228:14 break 18:14 19:4 19:11,15 61:15 62:16,19 87:10,15 88:2 91:4 100:17 131:4,11 132:1,3 132:9 178:5 192:25 210:19 211:5 BRIAN 4:3 bring 67:25 178:20 203:25 broad 178:10 brought 63:14 163:13 178:16 building 80:19 177:9 built 67:19 bullied 27:17,19 28:16 148:5,8,10 206:5 bully 153:12 bullying 28:14 156:8 business 207:3 busy 230:8 butter 217:20 227:13,20 228:14 bylaw 46:11,22 91:22 119:23 122:18,21 bylaws 24:15 46:8 46:14,18 56:25 58:11 63:13,18 75:21 76:2,11,16 76:17,19,21,23 79:19 82:3,24 85:10 88:4 91:6,7 91:9,17 92:6,10 92:14,23,23,25 93:5,7 108:7,7,15 108:23,23 109:2 119:24 120:4 129:14 141:6 142:5,7 153:15,16 156:7 183:9,15,20 184:17 220:15,22 221:9,11,19 222:20 C C 3:1 112:18 calendar 5:15 181:5 call 5:15,16 23:15 24:10,11,14 25:15 39:21 43:3 46:20 48:24 52:20 59:17 60:3 76:3,7,10 81:21 85:18 86:7 90:18,25 92:16 93:22 94:21,23 95:15 96:11,17,25 97:1,3,6,6,15 104:1,22 105:17 111:19 112:17 114:20 115:8,14 118:7,11,22 119:14,19 122:16 124:15 125:11 126:22 127:3 128:17,19 129:5 129:15,22 130:18 130:22,25 131:13 132:10,21 133:5 133:22 134:11,18 134:18,20,21 135:1,6,17 136:8 136:9,22,25 137:1 137:3 138:1,15 139:4,8,19 140:19 140:22 141:10 142:11,17 143:8 144:9,9,15,19,22 146:5 147:8,11,21 147:22 148:3,5,16 148:21,23,25 149:18 153:2 156:18 157:2,11 158:9 159:17,25 161:10,12 162:24 163:21 165:11,13 165:15,19,21 167:3,16 168:1,18 168:20 169:15,18 169:23 170:1,11 171:4,5,13 172:1 172:4,8,16,19 174:10 181:3 182:3,6,14 185:18 187:13 188:23 189:4,12 190:14 190:18,23 191:16 192:8,10 193:6,14 194:5,7,8,12 215:18,20,25 216:1,4 223:13,21 225:16,19,21,21 225:23 226:1,5,9 226:9,11 227:1,22 230:20 called 52:3 58:20 60:4 62:2 64:17 80:12 82:4,6,13 94:22 96:5 123:20 123:24 124:11 125:1 134:23,24 138:4,9,20 139:21 141:9 145:17 158:5,17,18 164:9 165:17 166:2 170:5,9,10,16,16 171:17,17,18 174:9,11 185:1 187:12,16 188:9 190:10 191:2,13 191:20,23 193:24 202:1,1,15 204:15 204:16 205:25 213:2 226:16 calling 45:8 137:2,7 137:8,13 138:8 139:15 151:21 157:13,23,25 158:20 164:16,24 165:6 167:1 169:4 189:7,18 193:21 219:22 calls 118:5 133:7 133:11,19 147:10 148:9 158:12 163:19 164:1 166:13,24 167:7 171:6 173:20 174:2,8 196:24 215:3 223:20 225:22 capabilities 50:18 70:15 72:15 74:4 97:22 capability 50:12,20 52:17 53:13,25 69:21 98:4,11 99:6 capable 65:25 66:5 67:9 75:17 114:13 capacity 93:21 98:8 101:19 car 215:4 card 234:17 care 10:20,24 11:5 12:1,7,18 13:4,5 13:17 14:4,21 15:3,11,13,16,19 16:1 19:23 20:3,7 20:9,14,20 21:2,6 24:17 26:4 29:13 30:21 31:3,4,7 34:12 46:9,16 47:10 48:9,12 49:9,21 50:2 55:1 55:8 57:15 63:25 64:12,19,22,23 65:24 66:6,18,20 67:2,9 68:2,5,14 69:5,21,23 70:10 70:24 74:11,19 76:10 83:7 85:7 85:18 86:8 91:6 95:9 97:12 98:9 98:14 104:10,17 107:18 111:22 112:25,25 113:6,6 113:10,11,17,18 114:12,22 115:1,9 115:10,17 117:5 118:14 120:5,24 124:1,21 127:17 127:24 128:6,20 129:6,9,12,12,16 130:5 138:2 143:18 145:11 146:11,23 147:24 148:6,11 150:25 154:2,9,23,24 155:7,15 156:9 157:8 166:9,11

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67 Page 243 Company 5:18 company's 116:23 compel 80:9,20 177:10,14,20 compensate 94:14 compensated 94:4 95:13 102:11,12 complain 224:15 complaint 73:8 209:2,7 complaints 29:22 73:9 completed 60:14 completely 60:10 complex 67:10 compliance 107:16 107:17 116:23 complicated 12:21 63:24 64:5,12,25 65:20 143:17 146:13,18,21 147:4 complication 47:12 47:17,18,23 48:3 48:5,7 60:24 140:9 complications 26:5 48:13 54:11,21 56:4 63:16 155:1 155:9,18,21 comply 116:23 complying 224:10 224:17 concern 13:11 31:6 48:17 49:1 57:2,8 58:14 59:6,21 60:16 61:2,5,14 62:7,9 63:23 65:16 66:16 67:16 68:17 70:14 71:24 72:1,4,4,10,16,23 114:11 concerned 114:21 114:25 207:5 concerning 172:21 172:24 concerns 13:19 30:20 32:5 57:12 60:19 63:15,21 66:25 68:1 69:3 69:21 70:9,23 71:22 72:5,7,14 74:3 75:15 134:9 136:14 140:15,17 140:19 146:8 153:11,16 conclude 51:19 60:10 146:18 concluded 232:17 conclusion 49:25 228:16 condition 12:8 39:24 40:1 46:24 47:1 50:2 55:2 58:25 114:21,21 143:5 144:17 145:7,21,24 146:10 150:15,24 151:10 194:24 195:21 197:1 conditions 73:24 74:2 conduct 127:17,24 128:6 confidence 67:7 confidential 69:12 confidentiality 100:12 confront 224:15 confused 98:22 confusing 63:2 Connecticut 163:7 connection 38:3,5 consideration 234:20 considered 15:9,12 122:4 197:13 consistent 27:25 29:18 70:12 190:3 consistently 141:13 construed 31:23 consult 106:10 118:22 125:23 165:4 168:24 169:7,16,23 174:21 184:19 197:16 223:21 224:6,12,19 226:14,18 227:1,3 227:23 consultation 118:11 consulted 197:15 consults 118:5 165:12 184:23 contact 24:19 78:25 84:1 89:2 97:5 143:15 180:23 210:2,3,12 232:6 contacted 24:22 180:6 181:2 185:1 contacting 201:22 contacts 232:9 contain 85:5 contains 176:25 238:5 contend 84:13 content 221:21 context 18:6 19:20 19:24 20:11 34:5 71:10,14 82:10 125:18 continuation 48:23 continue 47:15 49:16 62:23 70:14 87:15 95:25 109:12,17 132:7 190:8 193:9 211:10 continued 58:24 63:6 193:8 228:25 continuing 46:6 48:20 196:3,4 contract 96:11,24 223:19 contractor 106:14 contractors 95:6,8 contracts 101:25 contractual 93:24 contrast 111:17 contributed 11:6 control 80:7,8 83:23 175:14 176:15 conversation 18:5 20:6 23:21 24:19 24:25 25:5,15,19 25:23,24 26:18,21 26:25 27:15 32:19 32:21 36:5 38:4,5 38:8,24 39:13,18 40:13 41:5,6 42:2 45:5,8,20 49:24 56:23,25 57:9,10 59:20 63:7 69:25 70:3 71:9,16 75:21 80:25 85:1 105:11 116:2,4 134:7 140:15 141:8,10,12,16,21 142:1,2,9 143:20 148:22 149:15 151:12 152:19 156:2,5 162:18 169:11 170:3,25 201:14 202:21 203:6 206:24 conversations 23:22 29:6 30:10 64:10 71:2 163:11 173:5 205:21 213:15 219:2 Cooley 2:3 3:10 coordinator 42:7 43:7 copies 99:17 174:24 175:22 178:12 238:10 copy 87:18 88:4 99:25 100:2 132:16 186:16 220:14,15,19,19 221:9,25 222:4 238:12 Cor 83:15 corporate 116:23 CORPORATION 1:7 235:7 correct 7:2 9:13 10:6,17 12:11 14:9,12,18 20:16 23:4,25 26:16 31:12 36:2,5,9,15 36:17,19,22 37:6 37:10,14 45:11,12 45:22,24 51:15 52:5 53:7 58:19 58:21 70:6 75:24 75:25 81:10,17,23 82:3,21 83:1,5,8 83:10,13,22,25 88:8 89:19 91:10 91:11,18 95:2,23 98:13 99:10 101:21 102:9 107:11 114:23,24 115:2,3,14,15 117:13 121:7 122:2 136:5,20,21 141:19 142:12 145:9 147:24 148:1,11,14,23 149:2,16,17,19,22 157:14 160:10 162:25 172:25 173:10 179:10 180:20,21 182:23 184:11,12 186:24 187:21,25 196:25 206:24 208:19 209:3,4 212:2 217:5,13,25 218:4 218:15,16 219:12 220:12,16 223:9 223:10,11 225:2,5 225:10,11,24 227:14 229:1,10 230:18 234:3 correctly 7:5 10:16

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