Medical Malpractice Cases

Dr. Adam Auster Medical Malpractice Cases

Court Case # 08-71379CA09

Indemnity Paid: $162,500.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200954518
Claim Number :13132-01
Date Submitted :8/5/2009
 
Insurer Information
 
Insurer NameCoverage Type
PODIATRY INSURANCE COMPANY OF AMERICAPrimary
Insurer FEINProfessional License Number
58-1403235 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualKaren Kessler
Street Address
3000 Meridian Blvd., Suite 400
CityStateZip
FranklinTN37067
PhoneExtFaxE-Mail Address
(615) 371 - 87762249 kkessler@picagroup.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualAdam Auster
Insurer TypeStreet Address of Practice
Licensed7000 SW 62nd Ave.
CityStateZip CodeCounty
South MiamiFL33143Dade
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
1PD0009024$250,000$750,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO2223  

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MDade
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
  
Date of OccurrenceDate Reported to Insurer
6/25/20077/16/2008
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Left posterior heel pain
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Conservative treatment only, injections
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient was conservatively treated for his heel pain with injections.Patient was ultimately discharged on June 25, 2007, stating that he felt 100% better.He subsequently returned to insured several months later with complaints of left leg pain and swelling.Insured referred him to a vascular specialist and encouraged him to follow-up with his PCP.Thereafter patient?s Achilles tendon ruptured, and he underwent a tendon reconstruction by another doctor.Patient alleges improper treatment by insured.Our expert believes that the time between the last injection and the Achilles rupture had nothing to do with the rupture.He noted that ruptures occur without injections.Further, he noted that the location of the tendon rupture is not in the area where he would expect it to occur if it was secondary to an injection, and believes the tendon rupture was likely due to underlying pathology present in the foot.
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
11/19/200808-71379CA09
County Suit Filed inDate of Final Disposition
Dade7/16/2009
Other Defendants Involved in this Claim
Adam D. Auster, DPM, P.A.
Stage of Legal System at which Settlement was Reached or Award Made
Within 90 days of suit being filed.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
7/23/2009
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$162,500
Loss Adjust Expense Paid to Defense Counsel$18,071
All Other Loss Adjustment Expense Paid$6,705
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
None - Specialty Code #80993
 
Updates
 
No updates found.

 

 

*NR:Prior to 04/28/1999 this field was not required in submitted claims.

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