Dr. BRETT W CUTLER, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. BRETT W CUTLER, MD

105 SOUTHPARK BLVD

ST AUGUSTINE, FL

32086

St. Johns

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 Name				Coverage Type
PODIATRY INSURANCE COMPANY OF AMERICA				Primary
Insurer FEIN		Professional License Number
58-1403235
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Karen			Kessler
Street Address
110 Westwood Place
City				State	Zip
Brentwood				TN	37027
Phone	Ext	Fax	E-Mail Address
(615) 371 - 8776	2249		kkessler@picagroup.com

Insured Information

Type	First Name		MI	Last Name
Individual	Brett		W	Cutler
Insurer Type		Street Address of Practice
Licensed		105 Southpark Blvd.
City		State	Zip Code	County
St. Augustine		FL	32086	St. Johns
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1-6596		$500,000		$1,500,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2940

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	St. Johns
City			State	Zip Code

Location where injury occured		Other location where injury occured
Physician's Office
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury

Date of Occurrence		Date Reported to Insurer
3/27/2002		9/7/2002

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 Suit			Circuit Court Case Number
12/16/2002			CA02-2666
County Suit Filed in			Date of Final Disposition
St. Johns			8/20/2008
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 Decision			Other
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

Deductible

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

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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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 Name				Coverage Type
FLORIDA MEDICAL MALPRACTICE JUA				Primary
Insurer FEIN		Professional License Number
59-1625412
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	SUSAN			SPIELMAN
Street Address
5814 Reed Street
City				State	Zip
Fort Wayne				IN	46835
Phone	Ext	Fax	E-Mail Address
(260) 486 - 0340		(260) 486 - 0782	SUSAN.SPIELMAN@MEDPRO.COM

Insured Information

Type	First Name		MI	Last Name
Individual	Brett			Cutler
Insurer Type		Street Address of Practice
Licensed		105 Southpark Blvd #A-103
City		State	Zip Code	County
St Augustine		FL	32086	St. Johns
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
FL005550		$250,000		$750,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2940

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	St. Johns
City			State	Zip Code

Location where injury occured		Other location where injury occured
Physician's Office
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury

Date of Occurrence		Date Reported to Insurer
11/4/2005		11/28/2006

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 Suit			Circuit Court Case Number
4/19/2007			CA07-0494
County Suit Filed in			Date of Final Disposition
St. Johns			11/19/2010
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 Decision			Other
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

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

N/A

Updates

Date of Change:

2/15/2011 1:12:47 PM

Reason for Change:

Update ALE Information

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	17505	17515
Amount of Loss Adjustment Expense Paid to Defense Counsel	88674	89113

Date of Change:

8/18/2011 10:21:57 AM

Reason for Change:

Update ALE

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	17515	17517
Amount of Loss Adjustment Expense Paid to Defense Counsel	89113	89656

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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 Name				Coverage Type
PODIATRY INSURANCE COMPANY OF AMERICA				Primary
Insurer FEIN		Professional License Number
58-1403235
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Karen			Kessler
Street Address
110 Westwood Place
City				State	Zip
Brentwood				TN	37027
Phone	Ext	Fax	E-Mail Address
(615) 371 - 8776	2249		kkessler@picagroup.com

Insured Information

Type	First Name		MI	Last Name
Individual	Brett		W	Cutler
Insurer Type		Street Address of Practice
Licensed		105 Southpark Blvd.
City		State	Zip Code	County
St. Augustine		FL	32086	St. Johns
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0011112		$500,000		$1,000,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2940

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	St. Johns
City			State	Zip Code

Location where injury occured		Other location where injury occured
Physician's Office
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury

Date of Occurrence		Date Reported to Insurer
5/15/2003		8/24/2004

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 Suit			Circuit Court Case Number
1/10/2005			CA-05-18
County Suit Filed in			Date of Final Disposition
St. Johns			3/19/2007
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 Decision			Other
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

Deductible

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

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 Name				Coverage Type
PODIATRY INSURANCE COMPANY OF AMERICA				Primary
Insurer FEIN		Professional License Number
58-1403235
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Karen			Kessler
Street Address
110 Westwood Place
City				State	Zip
Brentwood				TN	37027
Phone	Ext	Fax	E-Mail Address
(615) 371 - 8776	2249		kkessler@picagroup.com

Insured Information

Type	First Name		MI	Last Name
Individual	BRETT		W	CUTLER
Insurer Type		Street Address of Practice
Licensed		105 SOUTHPARK BLVD
City		State	Zip Code	County
ST AUGUSTINE		FL	32086	St. Johns
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0011112		$500,000		$1,000,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2940

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	St. Johns
City			State	Zip Code

Location where injury occured		Other location where injury occured
Physician's Office
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury

Date of Occurrence		Date Reported to Insurer
8/13/2004		10/21/2004

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 Suit			Circuit Court Case Number
1/30/2005			CA05-8155
County Suit Filed in			Date of Final Disposition
St. Johns			4/20/2007
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 Decision			Other
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

Deductible

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

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 Name				Coverage Type
PODIATRY INSURANCE COMPANY OF AMERICA				Primary
Insurer FEIN		Professional License Number
58-1403235
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Karen			Kessler
Street Address
110 Westwood Place
City				State	Zip
Brentwood				TN	37027
Phone	Ext	Fax	E-Mail Address
(615) 371 - 8776	2249		kkessler@picagroup.com

Insured Information

Type	First Name		MI	Last Name
Individual	Brett		W	Cutler
Insurer Type		Street Address of Practice
Licensed		105 Southpark Blvd.
City		State	Zip Code	County
St. Augustine		FL	32086	St. Johns
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0011112		$500,000		$1,000,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2940

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	St. Johns
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Outpatient Facility		Health South St. Augustine Surgery Cente
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
1/5/2005		11/10/2005

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 Suit			Circuit Court Case Number
7/6/2006			CA06-588
County Suit Filed in			Date of Final Disposition
St. Johns			8/6/2007
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 Decision			Other
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

Deductible

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

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 Name				Coverage Type
PODIATRY INSURANCE COMPANY OF AMERICA				Primary
Insurer FEIN		Professional License Number
58-1403235
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Karen			Kessler
Street Address
110 Westwood Place
City				State	Zip
Brentwood				TN	37027
Phone	Ext	Fax	E-Mail Address
(615) 371 - 8776	2249		kkessler@picagroup.com

Insured Information

Type	First Name		MI	Last Name
Individual	Brett		W	Cutler
Insurer Type		Street Address of Practice
Licensed		105 SOUTHPARK BLVD
City		State	Zip Code	County
ST AUGUSTINE		FL	32086	St. Johns
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0011112		$500,000		$1,000,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2940

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	St. Johns
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Outpatient Facility		St. Augustine Surgery Center
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
4/7/2004		1/5/2006

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 Suit			Circuit Court Case Number
11/22/2006			CA06-661
County Suit Filed in			Date of Final Disposition
St. Johns			8/29/2007
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 Decision			Other
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

Deductible

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

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 Name				Coverage Type
PODIATRY INSURANCE COMPANY OF AMERICA				Primary
Insurer FEIN		Professional License Number
58-1403235
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Karen			Kessler
Street Address
110 Westwood Place
City				State	Zip
Brentwood				TN	37027
Phone	Ext	Fax	E-Mail Address
(615) 371 - 8776	2249		kkessler@picagroup.com

Insured Information

Type	First Name		MI	Last Name
Individual	Brett		W	Cutler
Insurer Type		Street Address of Practice
Licensed		105 SOUTHPARK BLVD
City		State	Zip Code	County
ST AUGUSTINE		FL	32086	St. Johns
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1-6595		$500,000		$1,500,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2940

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	St. Johns
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Outpatient Facility		St. Augustine Surgery Center
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
8/6/2002		9/2/2003

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 Suit			Circuit Court Case Number
1/6/2004			CA-03-932
County Suit Filed in			Date of Final Disposition
St. Johns			10/4/2005
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 Decision			Other
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

Deductible

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

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 Name				Coverage Type
FLORIDA MEDICAL MALPRACTICE JUA				Primary
Insurer FEIN		Professional License Number
59-1625412
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	SUSAN			SPIELMAN
Street Address
5814 Reed Street
City				State	Zip
Fort Wayne				IN	46835
Phone	Ext	Fax	E-Mail Address
(260) 486 - 0340		(260) 486 - 0782	SUSAN.SPIELMAN@MEDPRO.COM

Insured Information

Type	First Name		MI	Last Name
Individual	Brett			Cutler
Insurer Type		Street Address of Practice
Licensed		105 Southpark Blvd #A-103
City		State	Zip Code	County
St Augustine		FL	32086	St. Johns
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
FL005550		$250,000		$750,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2940

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	St. Johns
City			State	Zip Code

Location where injury occured		Other location where injury occured
Physician's Office
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury

Date of Occurrence		Date Reported to Insurer
6/6/2005		12/11/2006

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 Suit			Circuit Court Case Number
3/29/2007			CA-07-405
County Suit Filed in			Date of Final Disposition
St. Johns			8/20/2010
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 Decision			Other
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

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

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 Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	40017	44692
All Other Loss Adjustment Expense Paid	8669	11190

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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 Name				Coverage Type
PODIATRY INSURANCE COMPANY OF AMERICA				Primary
Insurer FEIN		Professional License Number
58-1403235
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Karen			Kessler
Street Address
110 Westwood Place
City				State	Zip
Brentwood				TN	37027
Phone	Ext	Fax	E-Mail Address
(615) 371 - 8776	2249		kkessler@picagroup.com

Insured Information

Type	First Name		MI	Last Name
Individual	Brett		W	Cutler
Insurer Type		Street Address of Practice
Licensed		105 SOUTHPARK BLVD
City		State	Zip Code	County
ST AUGUSTINE		FL	32086	St. Johns
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1-6595		$500,000		$1,500,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2940

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	St. Johns
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Outpatient Facility		St. Augustine Surgery Center
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
4/23/2002		9/15/2003

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 Suit			Circuit Court Case Number
12/26/2003			CA-03-1000
County Suit Filed in			Date of Final Disposition
St. Johns			7/25/2006
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 Decision			Other
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

Deductible

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

None

Updates

No updates found.

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

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Frequently Asked Questions

Does Dr. BRETT W CUTLER, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. BRETT W CUTLER, MD has at least 9 medical malpractice case(s), lawsuit(s), or complaint(s).