Medical Malpractice Cases

Dr. D M UPADHYAYA Medical Malpractice Cases

Court Case # GC03-504

Indemnity Paid: $450,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200641662
Claim Number :A02-27151-02
Date Submitted :7/21/2006
 
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 Avenue, Suite 800
CityStateZip
JacksonvilleFL32204
PhoneExtFaxE-Mail Address
(800) 741 - 37423043(904) 358 - 6728montague@fpic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualDMUpadhyaya
Insurer TypeStreet Address of Practice
LicensedP. O. Box 1923
CityStateZip CodeCounty
SebringFL33870Highlands
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
6758$500,000$1,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME31944Surgery - Obstetrics - Gynecology80153

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FHighlands
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
HIGHLANDS REGIONAL MEDICAL CTR.100049
Location of Institutional InjuryOther Location of Institutional Injury
Labor and Delivery Room 
Date of OccurrenceDate Reported to Insurer
9/3/200210/7/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Non-emergent c-section.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Spinal anesthesia given too high by non-defendant, Dr. Paul Webster, anesthesiologist for c-section.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Patient given a high spinal by anesthesiologist, resulting in loss of consciousness.Also it is alleged our insured should not have administered pitocin or methergine post c-section, due to its' potential hypotensive effect.
Principal Injury Giving Rise To The Claim
Severe anoxic brain damage, resulting in death a few days post-delivery.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
9/19/2003GC03-504
County Suit Filed inDate of Final Disposition
Highlands6/30/2006
Other Defendants Involved in this Claim
Highlands Regional Medical Center
Doctor's Pain Management Association
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
6/30/2006
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$450,000
Loss Adjust Expense Paid to Defense Counsel$24,020
All Other Loss Adjustment Expense Paid$20,827
Injured Person's Total Non-Economic Loss$450,000
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
Insurance company staff consulted with insured to discuss preventative measures. Risk management referral is made if appropriate.
 
Updates
 
No updates found.

 

 

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Court Case # GC08-1426

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200953596
Claim Number :37050-01
Date Submitted :5/7/2009
 
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
IndividualDMUpadhyaya
Insurer TypeStreet Address of Practice
LicensedP. O. Box 1923
CityStateZip CodeCounty
SebringFL33870Highlands
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
6758$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME31944Surgery - Obstetrics - Gynecology80153

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FHighlands
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
HIGHLANDS REGIONAL MEDICAL CTR.100049
Location of Institutional InjuryOther Location of Institutional Injury
Labor and Delivery Room 
Date of OccurrenceDate Reported to Insurer
8/17/20074/29/2008
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Delivery of child.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Routine vaginal delivery, resulting in unexpected shoulder dystocia.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
Shoulder dystocia.
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
11/6/2008GC08-1426
County Suit Filed inDate of Final Disposition
Highlands4/14/2009
Other Defendants Involved in this Claim
Sebring Hospital Management Assoc.
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
4/14/2009
 
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$20,712
All Other Loss Adjustment Expense Paid$6,045
Injured Person's Total Non-Economic Loss$250,000
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
Insurance company staff consulted with insured to discuss preventative measures. Risk management referral is made if appropriate.
 
Updates
 
No updates found.

 

 

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Court Case # GC03-315

Indemnity Paid: $155,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200534117
Claim Number :A02-27517-00
Date Submitted :1/24/2005
 
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
IndividualDMUPADHYAYA
Insurer TypeStreet Address of Practice
LicensedPO BOX 1923
CityStateZip CodeCounty
SEBRINGFL33871-1923Highlands
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
6758$500,000$1,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME31944Surgery - Obstetrics - Gynecology1

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FHighlands
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
FLORIDA HOSPITAL-HEARTLAND MEDICAL CTR.100109
Location of Institutional InjuryOther Location of Institutional Injury
Labor and Delivery Room 
Date of OccurrenceDate Reported to Insurer
11/23/200012/11/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Labor and delivery complicated by shoulder dystocia of infant.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Labor and delivery.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
Brachial plexus injury.
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
7/8/2003GC03-315
County Suit Filed inDate of Final Disposition
Highlands12/29/2004
Other Defendants Involved in this Claim
Florida Hospital Heartland Medical Center
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
12/29/2004
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$155,000
Loss Adjust Expense Paid to Defense Counsel$17,158
All Other Loss Adjustment Expense Paid$10,812
Injured Person's Total Non-Economic Loss$155,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$16,856$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
An expert obstetrician reviewed the matter on behalf of Dr. Upadhyaya and concluded that there was no deviation for the standard of care by Dr. Upadhyaya.
 
Updates
 
No updates found.

 

 

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