John Corbeil
Chief Executive Officer
HCA Houston Healthcare Kingwood
22999 US Hwy 59 N
Kingwood, TX, 77339
Cc; Laura Monsivais
Patient Safety and Risk Coordinator
Email; KWMC.PatientAdvocate@HCAHealthcare.com [1]
Spoilation Letter I, August 14, 2022
I refer to my first and very specific spoilation letter to HCA. I received two letters in response.
HCA Letter I, an acknowledgment letter dated August 24, 2022, stating you were commencing an investigation, signed by Laura Monsivais, Patient Safety and Risk Coordinator.
HCA Letter II, dated September 8, 2022, signed by “Unknown John Doe” for the Patient Safety Department.
The letter can be summarized as a general denial of any wrongdoing and a denial of any “imposter doctor”, which included reviewing “security footage”.
The letter also stated that I may be “confused” with another resident doctor with a similar name, but the name is withheld from disclosure in the letter.
HCA also claim to have reached out by phone and email multiple times without success, but you are open to maintaining dialogue in this matter.
Dr. Aguilar, The Imposter Doctor
Security Video Footage: It is my intention to recover the video footage for the period specified in my spoilation letter. My questions are as follows;
(i) Are you willing to provide this video footage directly to me?
(ii) If not, are you willing to provide the name(s), telephone numbers and personal home addresses for the person(s) involved in the ‘investigation’? If there is more than one person involved in the investigation, HCA’s response should identify with particularity the title and role of each person, along with a general bio of their experience in such matters and how long they have been employed with HCA. I will require this information when legally serving the person(s) involved in a Petition to Perpetuate Testimony.
(iii) Your letter stated that no imposter doctor was observed entering my room on the days advised (after reviewing video footage and talking to staff) and I must be “confused” with another unnamed resident doctor with a similar name.
a. I was Never “Confused”: I take great issue with your assessment of my state of mind as “confused”.
This statement is knowingly malicious and untruthful when considering my statement in Spoilation letter, which also details the criminal complaint lodged with the local Police Station on the same day I self-checked out of the hospital (on a Saturday).
HCA’s response is outrageous.
b. The Resident Doctor Must Be on the Video Footage: In support of a., and relying upon your own written response, the investigator(s) who reviewed the video footage must have seen this “resident doctor with a similar name” entering my room on two consecutive days, each time shortly before the visit of Dr. Michael “Mike” Wong, as detailed in my Spoilation letter.
Can you confirm this to be true?
[1] Please ensure your IT Department whitelists markburkeusa@gmail.com and doctor@kingwooddr.com so my emails are delivered and can offer a more timely method of communication.
Frozen to Death By HCA Kingwood Hospital
In loving memory of John Burke, July 16, 1937 – September 4, 2022
(iv) In response to reaching out several times via email and the telephone;
a. Phone Voicemails: I did receive several voicemails but purposefully did not return any calls for two reasons.
First, I will not discuss anything on a phone or in person that is not legally recorded between HCA and myself, as it is anticipated that this matter will most likely result in litigation.
Second, I was unavailable emotionally, and physically, as explained to HCA in Spoilation Letter II, which you received on September 28, 2022.
b. Emails: I have never received an email from HCA before, during or after your investigation into Spoilation Letter I.
This is my response with requests for answers which will be relied upon, if necessary, in a court of law.
HCA have failed to address the specific elements of my initial spoilation letter, in particular the video footage. [2]
I am providing you an opportunity to address this deficiency by return.
[2] See; Section labeled ‘Preservation’ in my spoilation letter.
(iv) In response to reaching out several times via email and the telephone;
a. Phone Voicemails: I did receive several voicemails but purposefully did not return any calls for two reasons.
First, I will not discuss anything on a phone or in person that is not legally recorded between HCA and myself, as it is anticipated that this matter will most likely result in litigation.
Second, I was unavailable emotionally, and physically, as explained to HCA in Spoilation Letter II, which you received on September 28, 2022.
b. Emails: I have never received an email from HCA before, during or after your investigation into Spoilation Letter I.
This is my response with requests for answers which will be relied upon, if necessary, in a court of law.
Please note that your failure to respond in a timely manner or preserve any of the evidence as detailed in Spoilation letter I may be used against you in any civil proceeding and may result in a spoliation instruction.
Finally, as you have now received Spoilation letter II, you should recognize that my complaint has become far more personal and far more serious for HCA.
If I may suggest, HCA should take my complaint(s) and notice(s) under careful advisement before sending out another contemptuous general denial letter.
Delay will not be your friend; I can assure you that after collecting my father’s ashes this week. You have [my father’s] blood on your hands and I have my mother’s tears drenching my shirts daily.
If, as HCA suggests, your channels are always open to communication, and that includes settlement discussions, I firmly recommend this would be the time to act.
Sincerely,
Mark Burke
Disclaimer; Critically acclaimed for my digital publishing platform[s] and strategic approach to public communications, it would be remiss not to ‘practice what you preach’. As such, I have launched a public ‘gripe site’ at KingwoodDr.com which maintains a record of all communications between HCA and myself in this matter, along with other articles of public concern, including “HCA holds the record for the largest Health Care FRAUD in American history”. This article confirms Congress is currently seeking another federal probe into HCA (as at Sept 2022).
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