Q. Dr. Johnson, we ended with the December
operation. I just wanted to ask you a few brief
questions. Who did you call first to assist you?
A. I didn't make a special call. Who I called
first? I don't have any -- there's, I guess there's about
sixteen doctors that are usually around, and it was a
Sunday afternoon. I didn't get anyone. I'm not sure how
many calls I made, but I made quite a few.
Q. You don't recall which doctor you called?
A. No, eight years ago?
Q. Dr. Bow, then, was not the first doctor you
called?
A. No.
Q. What time did you reach Dr. Bow?
A. I don't know.
Q. Had you called other doctors prior to Dr. Bow
who had experience in vascular surgery?
A. I am not really sure. I just called
everybody I could.
Q. Dr. Johnson, I just wanted to go over a
couple of other things. You mentioned that this
particular record in April for the April 1994 operation on
Patient F was dictated approximately seven and a half
months--
A. And that's what it says.
Q. That's according to the operation?
A. That's what it says.
Q. That's an accurate rendition of your
testimony?
MR. CLARK: What he just said was just what
it says.
A. My testimony is that's what the papers say.
Q. The reason is I just want to make sure the
record heard one complete question and then get the
answer. The records we have gone over so far, is it your
position that you dictated these records within 24 hours,
those operative records?
A. I thought that I had dictated this chart.
Q. Doctor, I am sorry, the question that I asked
is, the other patients, not Patient F, but the other
patients that we have discussed so far is it your position
that you dictated those within 24 hours?
A. No, that's not my position. I am not sure
when I dictated these, but I thought that I had dictated
this one that morning.
Q. But on Patient D the operation was done on
December 27, 1994. And is it a fact you dictated the
record May 5, 1994, approximately five months later?
A. Again, I can't say that that's really what
the fact is. I can't say that the first dictation was not
24 hours after the case. I can't say that this is the
original dictation or not a redictation.
Q. On Patient D, you are saying that the
dictation done on May 5th, 1995 was not your original
dictation?
A. I am saying it may be a second dictation. It
does not have to be the first dictation of this particular
case.
Q. I am asking you about Patient D.
A. That's what I'm saying.
Q. Do you have any recollection that you had to
redictate that note?
A. No, I don't.
Q. What are you saying, then; that this May 5
dictation may be a subsequent dictation and not the
original the dictation?
A. Because it's an awful long time after the
surgery.
Q. Is there any indication in your record that
there was a redictation?
A. There was nothing in the chart that showed
that there was not a -- that there was no -- there's
nothing in the chart to indicate that this is anything but
the dictation that pertains to this chart.
Q. And that was five months after the operation?
A. According to this paper. But I don't know,
recall waiting five months to dictate on any of these
cases.
Q. What about Patient B? That operation was on
January 23rd, 1995. You didn't dictate an operative
report until March 29, 1995, two months after the
operation?
A. I have to give you the same answer. All I
know is that I did not, I was not suspended from the
hospital. According to their bylaws within two weeks I
should have been suspended. I should not have been
allowed to do surgery or to assist or to participate in
coverage of the emergency room.
Q. But there is no indication in your records or
even in your recollection that this was a redictation on
Patient B, is there?
A. No, my recollection is that I have redictated
things because they have been misplaced.
Q. You don't have any recollection whether it
was in the Patient D situation or the Patient B?
A. I do not know that this pertains to any of
these eight cases, and many of these cases go back ten
years.
Q. And in Patient B there was another operation
on March 12, 1995, and again there was no dictation there
until April 18th, over a month later, isn't that right?
A. According to the paper.
Q. Doctor, you mentioned that this operative
report on Patient F was dictated seven and a half months
subsequent to the operation?
A. Right.
Q. Did you dictate this report?
A. I am not sure.
Q. You have no recollection of who dictated this
operative report?
A. I know I dictated that operative report. I
may have dictated twice that operative report.
Q. I am asking you, Doctor, to review pages 54,
55, 56 and 57. I am asking you to review those pages and
after you review those pages, please, tell this panel
whether or not you dictated those pages.
MR. CLARK: Why don't you look at them?
A. I don't think I dictated these records.
Q. Who dictated these records?
A. I can't tell who dictated these operative
reports.
Q. Doctor, have you ever had the situation where
someone else at Nyack Hospital has dictated your operative
report?
A. Not to to my recollection, not to my
knowledge.
Q. Directing your attention to the bottom of
page 54, 55 and 56 and the middle of page 57. There is a
signature on those pages. Whose signature that?
A. There is -- all the signatures look
different. They look like any could be mine but I would
not attest to that.
Q. Do you have any recollection of signing these
documents?
A. In the course of a year in those days I did
anywhere from 300 to 350 cases and I signed the charts.
Now, these particular charts, these papers here, I
certainly don't, didn't read them, if I did sign them.
Q. And it is your position and you expect this
panel and you want this panel to believe that someone else
dictated these operative reports, this very lengthy
operative report? You did not read somebody else's
dictation, but you signed your name to this dictation?
A. I am not saying that this is my signature,
even.
Q. You want this panel to believe, then, that a
four page operative note was dictated with your name as
the surgeon, you did not read those four pages and someone
else may have signed your signature, although the
signature looks like your signature?
MR. CLARK: Objection. It was asked and
answered, it's the same people who didn't provide the
record.