Medical Malpractice Cases

Dr. Brett W Cutler Medical Malpractice Cases

Court Case # CA02-2666

Indemnity Paid: $500,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200850702
Claim Number :6301-01
Date Submitted :9/2/2008
 
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
110 Westwood Place
CityStateZip
BrentwoodTN37027
PhoneExtFaxE-Mail Address
(615) 371 - 87762249 kkessler@picagroup.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualBrettWCutler
Insurer TypeStreet Address of Practice
Licensed105 Southpark Blvd.
CityStateZip CodeCounty
St. AugustineFL32086St. Johns
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
1-6596$500,000$1,500,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO2940  

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSt. Johns
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
3/27/20029/7/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Left heel pain
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
X-ray of left heel
Diagnostic Code :726.71
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
This is not a claim for malpractice.While getting an x-ray of the heel and repositioning her foot, the patient apparently lost her balance and fell.It appears that insured acted properly, notifying EMS, evaluating patient?s vitals, checking for obvious injury and keeping the patient mostly still until the arrival of EMS, at which time patient had no complaints other than some mild back tenderness and refused treatment.She was sent for an MRI, which shows she had a mild fracture that may have been a pathologic fracture from osteoporosis.Our expert questioned the nature of the injury and is of the opinion that patient and her husband were looking for gain.
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
12/16/2002CA02-2666
County Suit Filed inDate of Final Disposition
St. Johns8/20/2008
Other Defendants Involved in this Claim
PEARCE, BETH S
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
8/21/2008
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$500,000
Loss Adjust Expense Paid to Defense Counsel$50,615
All Other Loss Adjustment Expense Paid$5,751
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.

This page is not displaying certain sensitive information.

Court Case # CA07-0494

Indemnity Paid: $40,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201059203
Claim Number :1000900-01
Date Submitted :8/18/2011
 
Insurer Information
 
Insurer NameCoverage Type
FLORIDA MEDICAL MALPRACTICE JUAPrimary
Insurer FEINProfessional License Number
59-1625412 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualSUSAN SPIELMAN
Street Address
5814 Reed Street
CityStateZip
Fort WayneIN46835
PhoneExtFaxE-Mail Address
(260) 486 - 0340 (260) 486 - 0782SUSAN.SPIELMAN@MEDPRO.COM
 
Insured Information
 
TypeFirst NameMILast Name
IndividualBrett Cutler
Insurer TypeStreet Address of Practice
Licensed105 Southpark Blvd #A-103
CityStateZip CodeCounty
St AugustineFL32086St. Johns
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
FL005550$250,000$750,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO2940  

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSt. Johns
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
11/4/200511/28/2006
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Varicose veins bilaterally
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Phlebectomies on both legs
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Lack of informed consent; failure to refer to vascular surgeon
Principal Injury Giving Rise To The Claim
Nerve damage to upper thighs
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs.Includes non-disabling injuries.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
4/19/2007CA07-0494
County Suit Filed inDate of Final Disposition
St. Johns11/19/2010
Other Defendants Involved in this Claim
McLeod, Jason
Brett Cutler DPM PA
Cardiovascular Concepts Inc
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
11/19/2010
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$40,000
Loss Adjust Expense Paid to Defense Counsel$89,656
All Other Loss Adjustment Expense Paid$17,517
Injured Person's Total Non-Economic Loss$30,000
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
N/A
 
Updates
 
 
Date of Change:2/15/2011 1:12:47 PM
Reason for Change:Update ALE Information
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid1750517515
Amount of Loss Adjustment Expense Paid to Defense Counsel8867489113
 
Date of Change:8/18/2011 10:21:57 AM
Reason for Change:Update ALE
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid1751517517
Amount of Loss Adjustment Expense Paid to Defense Counsel8911389656

 

 

This page is not displaying certain sensitive information.

Court Case # CA-05-18

Indemnity Paid: $25,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200744996
Claim Number :8796-01
Date Submitted :3/28/2007
 
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
110 Westwood Place
CityStateZip
BrentwoodTN37027
PhoneExtFaxE-Mail Address
(615) 371 - 87762249 kkessler@picagroup.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualBrettWCutler
Insurer TypeStreet Address of Practice
Licensed105 Southpark Blvd.
CityStateZip CodeCounty
St. AugustineFL32086St. Johns
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
1PD0011112$500,000$1,000,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO2940  

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSt. Johns
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
5/15/20038/24/2004
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Diabetic foot ulcers, left foot
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
De bridement, dressing changes, antibiotics
Diagnostic Code :707.15
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
During course of treatment, patient continued to develop ulcers, which were treated by insured.Insured told patient he needed hospitalization and IV antibiotics, but the patient consistently refused.Insured then tried to set up home IV antibiotics, but the patient initially refused that also.One week prior to the last visit, patient again refused hospitalization.Patient subsequently underwent a BKA.This resulted in allegation against insured of improper treatment.It should be noted that patient's gross non-compliance is well-documented by insured.
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
1/10/2005CA-05-18
County Suit Filed inDate of Final Disposition
St. Johns3/19/2007
Other Defendants Involved in this Claim
RODRIGUEZ-DIAZ, ROSANA
Brett Cutler, DPM, P.A.
The Wound Healing Institute, P.A.
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
3/21/2007
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$25,000
Loss Adjust Expense Paid to Defense Counsel$30,033
All Other Loss Adjustment Expense Paid$4,817
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
 
Updates
 
No updates found.

 

 

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

This page is not displaying certain sensitive information.

Court Case # CA05-8155

Indemnity Paid: $20,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200850561
Claim Number :9144-01
Date Submitted :8/20/2008
 
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
110 Westwood Place
CityStateZip
BrentwoodTN37027
PhoneExtFaxE-Mail Address
(615) 371 - 87762249 kkessler@picagroup.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualBRETTWCUTLER
Insurer TypeStreet Address of Practice
Licensed105 SOUTHPARK BLVD
CityStateZip CodeCounty
ST AUGUSTINEFL32086-5191St. Johns
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
1PD0011112$500,000$1,000,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO2940  

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSt. Johns
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
8/13/200410/21/2004
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Ulceration, distal aspect of right hallux
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Debridement and dressing
Diagnostic Code :707.1
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Extremely non-compliant patient developed infection in his right, great toe that subsequently resulted in partial amputation of the toe.On one occasion, patient waited 6 weeks before returning to insured, although he was instructed to return the following day.At this visit, he was instructed to return in one week; however, he then waited 4 months to return.He also refused antibiotics, claiming they caused him gastrointestinal problems.Patient alleges failure to treat and refer.
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
1/30/2005CA05-8155
County Suit Filed inDate of Final Disposition
St. Johns4/20/2007
Other Defendants Involved in this Claim
Brett Cutler, DPM, P.A.
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
4/20/2007
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$20,000
Loss Adjust Expense Paid to Defense Counsel$37,398
All Other Loss Adjustment Expense Paid$5,107
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.

This page is not displaying certain sensitive information.

Court Case # CA06-588

Indemnity Paid: $15,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200746603
Claim Number :10169-01
Date Submitted :8/16/2007
 
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
110 Westwood Place
CityStateZip
BrentwoodTN37027
PhoneExtFaxE-Mail Address
(615) 371 - 87762249 kkessler@picagroup.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualBrettWCutler
Insurer TypeStreet Address of Practice
Licensed105 Southpark Blvd.
CityStateZip CodeCounty
St. AugustineFL32086St. Johns
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
1PD0011112$500,000$1,000,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO2940  

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSt. Johns
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilityHealth South St. Augustine Surgery Cente
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
1/5/200511/10/2005
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Hallux rigidus and hallux valgus, right foot
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Keller bunionectomy of right foot
Diagnostic Code :735.0
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient alleges the bunionectomy continued to bother him when he stopped seeing insured 5-mos. post-bunionectomy due to some post-surgical changes and/or complications; however, insured believes patient contributed to and/or caused his outcome by his non-compliance and activities.In addition, it was learned patient was involved in MVA post-op, which he failed to report to insured.It was shortly following the date of the accident that post-op complications arose.Patient alleges negligently performed surgery by insured.
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
7/6/2006CA06-588
County Suit Filed inDate of Final Disposition
St. Johns8/6/2007
Other Defendants Involved in this Claim
Brett Cutler, DPM, P.A.
Blakney, Sandra L
Marks, Gwenda M
St. Augustine Surgery Center
Healthsouth Corp.
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
8/9/2007
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$15,000
Loss Adjust Expense Paid to Defense Counsel$39,872
All Other Loss Adjustment Expense Paid$3,149
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.

This page is not displaying certain sensitive information.

Court Case # CA06-661

Indemnity Paid: $10,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200746966
Claim Number :10269-01
Date Submitted :9/17/2007
 
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
110 Westwood Place
CityStateZip
BrentwoodTN37027
PhoneExtFaxE-Mail Address
(615) 371 - 87762249 kkessler@picagroup.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualBrettWCutler
Insurer TypeStreet Address of Practice
Licensed105 SOUTHPARK BLVD
CityStateZip CodeCounty
ST AUGUSTINEFL32086-5191St. Johns
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
1PD0011112$500,000$1,000,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO2940  

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSt. Johns
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilitySt. Augustine Surgery Center
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
4/7/20041/5/2006
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Hallux valgus
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Austin-Akin bunionectomy, left
Diagnostic Code :735.0
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient's post-op course was relatively benign but, by 07-14-04, she related that she did very well in shoe gear but was having difficulty when barefoot.Patient was referred for PT and was casted for orthotics.On the last visit of 08-05-04, patient had the orthotics dispensed.Patient subsequently sought treatment from another provider with a complaint of pain in her left foot.Patient alleges improper treatment.
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
11/22/2006CA06-661
County Suit Filed inDate of Final Disposition
St. Johns8/29/2007
Other Defendants Involved in this Claim
Brett W. Cutler, DPM, P.A.
St. Augustine Surgery Center, Ltd.
Healthsouth Corp.
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
8/30/2007
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$10,000
Loss Adjust Expense Paid to Defense Counsel$18,094
All Other Loss Adjustment Expense Paid$3,905
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.

This page is not displaying certain sensitive information.

Court Case # CA-03-932

Indemnity Paid: $10,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200537759
Claim Number :7973-01
Date Submitted :10/27/2005
 
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
110 Westwood Place
CityStateZip
BrentwoodTN37027
PhoneExtFaxE-Mail Address
(615) 371 - 87762249 kkessler@picagroup.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualBrettWCutler
Insurer TypeStreet Address of Practice
Licensed105 SOUTHPARK BLVD
CityStateZip CodeCounty
ST AUGUSTINEFL32086-5191St. Johns
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
1-6595$500,000$1,500,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO2940  

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSt. Johns
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilitySt. Augustine Surgery Center
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
8/6/20029/2/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Hallux valgus with hallux rigidus, left foot
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Austin-Akin bunionectomy of left foot with spur removal
Diagnostic Code :735.0
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Post-op, patient continued to experience pain and limitation of motion at the joint, resulting in allegation of improper treatment.
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
1/6/2004CA-03-932
County Suit Filed inDate of Final Disposition
St. Johns10/4/2005
Other Defendants Involved in this Claim
Brett Cutler, DPM, P.A.
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
10/6/2005
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$10,000
Loss Adjust Expense Paid to Defense Counsel$23,972
All Other Loss Adjustment Expense Paid$2,073
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
 
Updates
 
No updates found.

 

 

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

This page is not displaying certain sensitive information.

Court Case # CA-07-405

Indemnity Paid: $10,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201058440
Claim Number :1000902-01
Date Submitted :2/15/2011
 
Insurer Information
 
Insurer NameCoverage Type
FLORIDA MEDICAL MALPRACTICE JUAPrimary
Insurer FEINProfessional License Number
59-1625412 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualSUSAN SPIELMAN
Street Address
5814 Reed Street
CityStateZip
Fort WayneIN46835
PhoneExtFaxE-Mail Address
(260) 486 - 0340 (260) 486 - 0782SUSAN.SPIELMAN@MEDPRO.COM
 
Insured Information
 
TypeFirst NameMILast Name
IndividualBrett Cutler
Insurer TypeStreet Address of Practice
Licensed105 Southpark Blvd #A-103
CityStateZip CodeCounty
St AugustineFL32086St. Johns
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
FL005550$250,000$750,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO2940  

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSt. Johns
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
6/6/200512/11/2006
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Left heel ulceration
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Debridement of ulcer
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Failure to timely refer to vascular specialist
Principal Injury Giving Rise To The Claim
Development of osteomyelitis; possible future amputation
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
3/29/2007CA-07-405
County Suit Filed inDate of Final Disposition
St. Johns8/20/2010
Other Defendants Involved in this Claim
Brett Cutler DPM PA
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
8/20/2010
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$10,000
Loss Adjust Expense Paid to Defense Counsel$44,692
All Other Loss Adjustment Expense Paid$11,190
Injured Person's Total Non-Economic Loss$5,000
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
N/A
 
Updates
 
 
Date of Change:2/15/2011 1:14:56 PM
Reason for Change:Report updated to reflect Court Document final disposition date of 01/31/11
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel4001744692
All Other Loss Adjustment Expense Paid866911190

 

 

This page is not displaying certain sensitive information.

Court Case # CA-03-1000

Indemnity Paid: $7,500.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200641890
Claim Number :8013-01
Date Submitted :8/7/2006
 
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
110 Westwood Place
CityStateZip
BrentwoodTN37027
PhoneExtFaxE-Mail Address
(615) 371 - 87762249 kkessler@picagroup.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualBrettWCutler
Insurer TypeStreet Address of Practice
Licensed105 SOUTHPARK BLVD
CityStateZip CodeCounty
ST AUGUSTINEFL32086-5191St. Johns
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
1-6595$500,000$1,500,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO2940  

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSt. Johns
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilitySt. Augustine Surgery Center
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
4/23/20029/15/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Plantar fasciitis with calcaneal spurring, left foot
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Endoscopic plantar fasciotomy, left foot
Diagnostic Code :728.71
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient alleges continued pain in left foot and limited ability to walk, resulting in allegation of imprope treatment by insured.
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
12/26/2003CA-03-1000
County Suit Filed inDate of Final Disposition
St. Johns7/25/2006
Other Defendants Involved in this Claim
Brett Cutler, DPM, P.A.
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
7/27/2006
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$7,500
Loss Adjust Expense Paid to Defense Counsel$18,115
All Other Loss Adjustment Expense Paid$5,170
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
 
Updates
 
No updates found.

 

 

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

This page is not displaying certain sensitive information.

Alachua Baker Bay Bradford Brevard Broward Calhoun Charlotte Citrus Clay Collier Columbia Dade Desoto Dixie Duval Escambia Flagler Franklin Gadsden Hamilton Hardee Hendry Hernando Highlands Hillsborough Indian River Jackson Lake Lee Leon Levy Madison Manatee Marion Martin Monroe Nassau Okaloosa Okeechobee Orange Osceola Out of state Palm Beach Pasco Pinellas Polk Putnam Santa Rosa Sarasota Seminole St. Johns St. Lucie Sumter Suwannee Taylor Volusia Walton