Medical Malpractice Cases

Dr. Brian James Medical Malpractice Cases

Court Case # 2001-CA15226 NC

Indemnity Paid: $750,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200433508
Claim Number :A01-24178-98
Date Submitted :11/24/2004
 
Insurer Information
 
Insurer NameCoverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INCPrimary
Insurer FEINProfessional License Number
59-6614702 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualCheriMMontague
Street Address
1000 Riverside Drive, Suite 800
CityStateZip
JacksonvilleFL32204
PhoneExtFaxE-Mail Address
(800) 741 - 37423043(904) 358 - 6728montague@fpic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualBrianCJames
Insurer TypeStreet Address of Practice
Licensed3920 Bee Ridge Road, Bldg. E, Ste. F
CityStateZip CodeCounty
SarasotaFL34233Sarasota
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
16835$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME68542Anesthesiology - Pain Management80151

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSarasota
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
2/15/19986/12/2001
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Chronic pain.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Administration of intrathecal narcotics.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
A granuloma developed at the tip of the spinal cord catheter used to administer intrathecal narcotics. It was alleged that there was a delay in diagnosing this despite several referrals to other specialists, including a neurosurgeon and a neurologist.
Principal Injury Giving Rise To The Claim
Lower spinal cord injury.
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
10/29/20012001-CA15226 NC
County Suit Filed inDate of Final Disposition
Sarasota10/26/2004
Other Defendants Involved in this Claim
Shaver, M.D., Rodger W
Radiology Regional Center, P.A.
Stage of Legal System at which Settlement was Reached or Award Made
During trial, but before court verdict.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
10/26/2004
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$750,000
Loss Adjust Expense Paid to Defense Counsel$66,274
All Other Loss Adjustment Expense Paid$26,729
Injured Person's Total Non-Economic Loss$50,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$26,820$600,000
Wage Loss$0$0
Other Expenses$40,000$100,000
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
The catheter manufacturer has now instituted a safety notice regarding this complication.
 
Updates
 
No updates found.

 

 

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Court Case # 2010CA003451NC

Indemnity Paid: $61,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201264288
Claim Number :39412-01
Date Submitted :7/11/2012
 
Insurer Information
 
Insurer NameCoverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INCPrimary
Insurer FEINProfessional License Number
59-6614702 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualOdessa Choice
Street Address
1000 Riverside Avenue, Suite 800
CityStateZip
JacksonvilleFL32204
PhoneExtFaxE-Mail Address
(800) 741 - 37423045(904) 358 - 6728odessa.choice@fpic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualBrian James
Insurer TypeStreet Address of Practice
Licensed3920 Bee Ridge Road, Bldg E, Suite F
CityStateZip CodeCounty
SarasotaFL34233Sarasota
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
46252$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME68542Anesthesiology - Pain Management80151

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSarasota
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
SARASOTA MEMORIAL HOSPITAL100087
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
11/28/200711/9/2009
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient sought treatment for low back pain.Diagnosis was failed back surgery syndrome.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Patient underwent placement of spinal cord stimulator.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to remove staples timely after surgery.
Principal Injury Giving Rise To The Claim
Infection.
Severity Of Injury
Temporary: Major - Burns, surgical material left, drug side effect, brain damage.Recovery delayed.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
3/30/20102010CA003451NC
County Suit Filed inDate of Final Disposition
Sarasota6/20/2012
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
6/20/2012
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$61,000
Loss Adjust Expense Paid to Defense Counsel$33,897
All Other Loss Adjustment Expense Paid$27,486
Injured Person's Total Non-Economic Loss$61,000
Deductible$10,000
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$14,238$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Insurance company staff consulted with insured to discuss preventative measures. Risk management referral is made if appropriate.
 
Updates
 
No updates found.

 

 

This page is not displaying certain sensitive information.

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