Medical Malpractice Cases

Dr. BARRY M BLUMENTHAL Medical Malpractice Cases

Court Case # 03-27827 CA 27

Indemnity Paid: $50,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200534329
Claim Number :40-009181
Date Submitted :2/10/2005
 
Insurer Information
 
Insurer NameCoverage Type
TRUCK INSURANCE EXCHANGEPrimary
Insurer FEINProfessional License Number
95-2575892 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualDeanon Davis
Street Address
4601 Wilshire Blvd., Suite 100
CityStateZip
Los AngelesCA90010
PhoneExtFaxE-Mail Address
(323) 930 - 6346  deanon.davis@farmersinsurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualBARRYMBLUMENTHAL
Insurer TypeStreet Address of Practice
Licensed2845 AVENTURA BLVD
CityStateZip CodeCounty
AVENTURAFL33180-3118Dade
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
0118064280000-0002$250,000$750,000
Profession or BusinessOther Profession or Business
Osteopathic Physician 
License NumberSpecialty Code & ClassificationCertification Number
OS6342Physicians or Surgeons 

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
Nursing Home 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
9/2/20019/24/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
STAGE II DECUBITUS ULCER ON THE SACRUM.PATIENT WAS TREATED FOR THE DECUBITUS ULCER.AFTER SEVERAL MONTHS OF TREATMENT, THE PATIENT DIED OF RESPIRATORY FAILURE, WHICH WAS UNRELATED TO THE ULCER.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
PATIENT WAS A RESIDENT OF A NURSING HOME FOR SEVERAL YEARS, HE HAD DEVELOPED INCREASING DEMENTIA AND SIGNIFICANT FUNCTION DECLINE.PATIENT DEVELOPED A STAGE II DECUBITIS ULCER ON HIS SACRUM.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
NONE AVAILABLE
Principal Injury Giving Rise To The Claim
FAILURE TO MONITOR DECUBITUS ULCER.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
2/27/200403-27827 CA 27
County Suit Filed inDate of Final Disposition
Dade1/26/2005
Other Defendants Involved in this Claim
HAMPTON COURT NURSING & REHABILATION
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
2/8/2005
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$50,000
Loss Adjust Expense Paid to Defense Counsel$17,807
All Other Loss Adjustment Expense Paid$14,786
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.MEDICAL RECORDS SHOW THAT DR. BLUMENTHAL MADE REASONABLE EFFORTS TO TREAT AND COMFORT PATIENT UNTIL HIS DEATH.PATIENT'S SON REFUSED CONSENT FOR TREATMENT WHICH MAY HAVE BEEN PALLIATIVE, INCLUDING A DIVERTING COLOSTOMY AND INSERTION OF A PEG TUB FOR NUTRITION.HOWEVER, PRIMARILY THEY SHOW THE PATIENT'S CONDITION WAS UNAVOIDABLE AND IRREVERSIBLE AND THAT HIS MENTAL STATUS MADE IT IMPOSSIBLE TO DETERMINE WHETHER HE COULD EVEN FEEL PAIN OR WAS AWARE OF HIS WOUNDS.
 
Updates
 
No updates found.

 

 

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