John Fabing

116 Arrowhead Ln.

Haines City, Fla. 33844
863-419-0292

Interventional Cardiology
ASHISH PAL, M.D., F.S.C.C.
615 E. Princeton St. June 12, 2010
Orlando, Fla. 32803
___________________________________________________________________________________
_

IN QUO WARRANTO
AND
SPECIAL ENTRY UPON DISCOVERY VIA TACIT PROCURATION

This is specifically for ASHISH PAL, MD.

1)....You Dr.Pal, I, become your patient February of 2008;

2).... a Pacemaker was implanted in my left shoulder, on April 15,2008;

3)....two Days after being discharged from the hospital, I, was told by you to come to your

office for an INR test, and three Days later a follow up test; IS THAT NOT CORRECT?

ANSWER: YES

4)....Dr. Pal, where there any more tests done at your office;

ANSWER: NO

5)....Was it not negligent on your part to have periodic tests done, to avoid the fatal bleeding;

ANSWER: YES

6)....Dr. Pal, did you not assume the duty of reasonable treatment of your patient John Fabing;

ANSWER: YES

7)....you Dr. Pal, had a duty as my cardiologist, to make sure, or test my blood level periodically

to ascertain the amount of Warfarin, the excess thereof would make my blood too thin, and

" I, WAS AT HIGH RISK" could bleed do death; IS THAT NOT CORRECT?

ANSWER: YES
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8)....you Dr. Pal, where aware that there is a warning that excess amount of warfarin poses a

potential fatal risk of bleeding;

ANSWER: YES

9)....you Dr. Pal, where aware that in 2006 after a request by the FDA, Bristol-Myers Squibb

slapped a black box warning on COUMADIN ( GENERIC WARFARIN) , regarding this

risk of potentially fatal risk of bleeding.

ANSWER: YES

10)....you Dr. Pal, knew of my age, 73, an that I was at high risk of major fatal bleeding, risk

factor are listed as high intensity of anticoagulation age 65 and over, that high risk people

may benefit from more frequent INR monitoring, careful dose adjustment to desired INR

LEVEL, to minimize the chance of adverse bleeding.

ANSWER: YES

11)....you Dr. Pal knew, "that blood thinners are second only to chemotherapy drugs in having

the highest risk of serious treatment complications", IS THAT NOT CORRECT?

ANSWER: YES

12)....did you Dr. Pal warn your patient, that the use of Warfarin is vulnerable to bone fractures

a study showed that 40% of patients died within 30 days of the event

ANSWER: NO

13)....YOU Dr. Pal as my Cardiologist, owed a duty of care to John Fabing who was injured,

AND EXPOSED TO LIFE THREATENING HEALTH RISK.

ANSWER: YES

14)....Dr. Pal, due to your failure to give me, your patient AND exercise standard of care by an

abstract man of ordinary prudence this was a substantial factor in bringing about John

Fabing's injury "OCCASIONED TO ANOTHER". IS THAT NOT CORRECT?

ANSWER: YES
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15)....WHEN the bleeding started, is was the size of Dollar bill, I went to see my primary

physician , the nurse practitioner after consulting with the doctor, immediately sent me

for an INR test, after the test my dosage was reduced to half. I was instructed to have

a follow up test two days later eventually I WAS instructed to stop using Warferin.

16)....I, went to heart of Florida Hospital, the lady checking me took a look at me, my God

did you get run over by a truck, because by this time the left arm shoulder, my face to

top of my head was a solid red and black color, she immediately called the the head of

the Cardiac Unit who came out, took a look at me, acclaimed this Man should

immediately be admitted due to the grave danger of a blood clot entering my arteries

or heart or my brain. He asked who is your Cardiologist, I told him Dr. Pal well he is

right next door, I will call him right now! WHERE YOU CALLED?

ANSWER: YES

17)....you Dr. Pal, refused to walk 50 feet to look at your patient, who was in great danger.

IS THAT NOT CORRECT?

ANSWER: YES

18)....you Dr. Pal, in your egregious, unreasonable, unethical, unprofessional, unprovoked,

uncaring caused your patient permanent physical injury in fact, caused me and my whole

family severe emotional distress in fact. IS THAT NOT CORRECT?

ANSWER: YES

19)....BY WHAT AUTHORITY DO YOU DR. PAL, TO CAUSE INJURY IN FACT AND

EMOTIONAL DISTRESS UPON YOUR PATIENT AND HIS FAMILY!

ANSWER: NONE
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DETERMINATION / STIPULATION FINAL

This determination becomes FINAL, UNLESS SPECIFICALLY OBJECTED TO, point for
point,

and any disagreement must be supported with facts, undisputable evidence in fact, case law in fact,

under oath, under penalty of perjury, and sworn affidavit. Your inability or refusal to respond, refute or

rebut this presentment, shall be presumed as an irrevocable Tacit Admission with presumptions.

Your failure to respond, as stipulated and rebut, with particularity, every statement of fact or

presumptions, herein, is a legal binding agreement with an admission to the fact that everything in this

NOTICE OF OBJECTION AND NOTICE OF CLAIM is true, legal, lawful and binding upon you

DR. PAL.

Silence is acquiescence. Connally v. General Construction Co., 269 U.S. 385, 391.

Notification of legal the responsibility is "the first essential of due process of law" "Silence can only be

equated with fraud where there is a legal or moral duty to speak or when an inquiry left unanswered

would be intentionally misleading.' THIS GIVES YOU 30 DAYS TO RESPOND!

This is non judicial presentation, this will lead to a Commercial lien.

CERTIFICATE OF MAILING

I, CERTIFY that a true copy has been mailed, by certified Mail to ASHISH PAL M.D. at

615 E. Princeton Street, suit 104, Orlando, FL. 32803. This 26 Day of JULY, 2010.

________________________
John Fabing
116 Arrowhead LN.
Haines City, FL. 33844
863-419-0292