| Department File Number : | M201885624 |
| Claim Number : | 2013-09-500-002 |
| Date Submitted : | 6/14/2018 |
| 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 | Bernard | Stein | |||
| Insurer Type | Street Address of Practice | ||||
| Self-Insurer | 1825 Bayshore Blvd | ||||
| City | State | Zip Code | County | ||
| Tampa | FL | 33606 | Hillsborough | ||
| Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
| 112-31-713 | $250,000 | $750,000 | |||
| Profession or Business | Other Profession or Business | ||||
| Medical Doctor | |||||
| License Number | Specialty Code & Classification | Certification Number | |||
| ME25485 | Radiology - Diagnostic - No Surgery | ||||
| Injured Person Information | |||||
| First Name | MI | Last Name | Date of Birth | ||
| Street Address | Gender | County where Injury Occurred | |||
| M | Hillsborough | ||||
| City | State | Zip Code | |||
| Location where injury occured | Other location where injury occured | ||||
| Hospital Inpatient Facility | |||||
| Name of Institution | Code | ||||
| SOUTH FLORIDA BAPTIST HOSPITAL | 100132 | ||||
| Location of Institutional Injury | Other Location of Institutional Injury | ||||
| Radiology, Emergency Room | |||||
| Date of Occurrence | Date Reported to Insurer | ||||
| 3/19/2008 | 6/27/2013 | ||||
| Diagnostic Information | |||||
| Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
| 48 yo male presented to the ER in March 2008 with flank pain and flu like symptoms, including fever and cough. CT angiogram was done. A left lower lobe peripheral wedge shaped opacity consistent with pneumonia was seen with a comment by the Radiologist who did the wet read that ¿cannot rule out infarct¿. Diagnosis of pneumonia and left chest wall pain was made. The ED physician counselled the patient regarding test results and he showed the patient the film (per his documented note) and pointed out a ¿spot¿ on the lung. Discharge instructions directed the patient to follow up with his PCP and a pulmonologist. The patient did not follow up with any physician for several months and when he did, he did not mention this March 2008 ED visit or a radiograph with a ¿spot¿. Later records indicated he continued to have chronic coughing. In February 2010 the patient presented to his physician who ordered a CT scan. A mass was reported in the Left Lower Lobe. In December 2011 the patient underwent bronchoscopy where small cell CA of the lung was diagnosed. | |||||
| Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
| CT angiogram | |||||
| Diagnostic Code : | |||||
| Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
| None. As per protocol the final reading of the film was done and a detailed report was dictated by Dr. Knight. He noted the patient¿s history of fever and cough. He noted a dense infiltrate in the LLL and part of infiltrate had a more nodular configuration as it approached the hilum¿ He recommended the patient be followed up with chest x-ray or CT. The hospital had a policy addressing radiographic studies ordered in the ER which directed that Radiologist¿s dictated reports are delivered to the ED physician on duty who would review the report and if there was a difference in interpretation from the preliminary reading the patient would be contacted. | |||||
| Principal Injury Giving Rise To The Claim | |||||
| The patient was found to have confirmed lung cancer. It was alleged that Dr. Knight failed to notify the ER physician who ordered the CT in March of 2008 of the difference in diagnosis between the preliminary report and the final report and that Dr. Knight concealed from the ED physician and patient that he had cancer. | |||||
| Severity Of Injury | |||||
| Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage. | |||||
| Legal Information | |||||
| Date of Suit | Circuit Court Case Number | ||||
| 2/7/2014 | 13-CA015191 | ||||
| County Suit Filed in | Date of Final Disposition | ||||
| Hillsborough | 11/17/2015 | ||||
| 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 | |||||
| 11/17/2015 | |||||
| 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 | $42,650 | ||||||||||||||||||||
| All Other Loss Adjustment Expense Paid | $0 | ||||||||||||||||||||
| Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
| Deductible | $0 | ||||||||||||||||||||
| Injured Person's Total Economic Loss | |||||||||||||||||||||
| |||||||||||||||||||||
| 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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Does Dr. BERNARD STEIN, MD have any medical malpractice cases, lawsuits, or complaints?
Dr. BERNARD STEIN, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).