Medical Malpractice Cases

Dr. Ashraf Ads Medical Malpractice Cases

Court Case # 15-CA-3376

Indemnity Paid: $250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201886465
Claim Number : 2012-09-200-015
Date Submitted : 9/18/2018
 
Insurer Information
 
Insurer Name Coverage Type
Lexington Insurace Company Primary
Insurer FEIN Professional License Number
25-114949  
Insurer Contact Information
Type First Name MI Last Name
Individual Jessica   Hayden
Street Address
2985 Drew Street
City State Zip
Clearwater FL 33764
Phone Ext Fax E-Mail Address
(727) 519 - 1268     jessica.hayden@baycare.org
 
Insured Information
 
Type First Name MI Last Name
Individual Ashraf   Ads
Insurer Type Street Address of Practice
Self-Insurer 3001 West Dr Martin Luther King Jr Boulevard
City State Zip Code County
Tampa FL 33607 Hillsborough
Policy Number Per Claim Policy Limits Aggregate Policy Limits
112-37-063 $250,000 $750,000
Profession or Business Other Profession or Business
Medical Doctor  
License Number Specialty Code & Classification Certification Number
ME103546 Surgery - Traumatic  

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First Name MI Last Name Date of Birth
       
Street Address Gender County where Injury Occurred
  F Hillsborough
City State Zip Code
     
Location where injury occured Other location where injury occured
Hospital Inpatient Facility  
Name of Institution Code
SAINT JOSEPH'S HOSPITAL 100075
Location of Institutional Injury Other Location of Institutional Injury
Radiology, Emergency Room  
Date of Occurrence Date Reported to Insurer
8/22/2012 9/4/2012
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
2 yo female presented to ER with fever and vomiting for 1 week. Chest x-ray was ordered with an incidental finding of a button battery found to be lodged in the thoracic inlet. The battery was estimated to be lodged in place for approximately 5-7 days. ENT was consulted and surgically removed the battery. Significant mucosal erosion was noted. The child was admitted and an attempt at a barium swallow was made but the child could not swallow the needed contrast. The exam did show no evidence of esophageal perforation and the baby was discharged. The child returned on August 19, 2012 with fever. CXR was clear. Viral syndrome was diagnosed due to fever and cough. She was discharged. The child returned to the ER that night as the child was crying and had neck pain. Lumbar puncture and several labs were performed. No neck pain on flexion was noted. The child was discharged with a diagnosis of viral syndrome. The child returned to the ER on August 21, 2012 with continued fever. Her respirations were unlabored and she had clear lung sounds. She was alert, playful and in no acute distress. Neck was supple. Further testing included throat culture, UA and x-rays, all of which were negative. On August 22, 2012, the child returned via EMS unconscious and vomiting blood resulting from late onset of complications from the battery ingestion. EGD and other tests were completed. Diagnoses showed acute esophageal ulcer with perforation, gastric ulcer with hemorrhage, hemorrhagic shock. Shortly after admission, the child coded and expired. Cause of death was exsanguination due to erosion of the common carotid artery through a carotid esophageal fistula that had formed due to a chemical alkaline battery burn.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Diagnostic testing as noted above.
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
See below.
Principal Injury Giving Rise To The Claim
The child expired due to complications from button battery ingestion. Allegations included failure to consider the child's past history noted in her medical records, failure to order imaging including CT of the neck and esophagus,
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of Suit Circuit Court Case Number
4/29/2015 15-CA-3376
County Suit Filed in Date of Final Disposition
Hillsborough 8/27/2018
Other Defendants Involved in this Claim
 
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court Decision Other
No Court Proceedings.  
Arbitration
Claim not subject to Arbitration.
Date of Payment
8/27/2018
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff? Yes
Indemnity Paid by Insurer on behalf of Insured $250,000
Loss Adjust Expense Paid to Defense Counsel $77,964
All Other Loss Adjustment Expense Paid $0
Injured Person's Total Non-Economic Loss $0
Deductible $0
Injured Person's Total Economic Loss
  Incurred to Date Anticipated
Medical Expense $0 $0
Wage Loss $0 $0
Other Expenses $0 $0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Any risk issues have been/will be addressed.
 
Updates
 
No updates found.

 

 

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