Dr. D M UPADHYAYA, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. D M UPADHYAYA, MD

PO BOX 1923

SEBRING, FL

33871-1923

Highlands

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 Name				Coverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INC				Primary
Insurer FEIN		Professional License Number
59-6614702
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Cheri		M	Montague
Street Address
1000 Riverside Avenue, Suite 800
City				State	Zip
Jacksonville				FL	32204
Phone	Ext	Fax	E-Mail Address
(800) 741 - 3742	3043	(904) 358 - 6728	montague@fpic.com

Insured Information

Type	First Name		MI	Last Name
Individual	D		M	Upadhyaya
Insurer Type		Street Address of Practice
Licensed		P. O. Box 1923
City		State	Zip Code	County
Sebring		FL	33870	Highlands
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
6758		$500,000		$1,500,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME31944		Surgery - Obstetrics - Gynecology		80153

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Highlands
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
HIGHLANDS REGIONAL MEDICAL CTR.		100049
Location of Institutional Injury		Other Location of Institutional Injury
Labor and Delivery Room
Date of Occurrence		Date Reported to Insurer
9/3/2002		10/7/2002

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 Suit			Circuit Court Case Number
9/19/2003			GC03-504
County Suit Filed in			Date of Final Disposition
Highlands			6/30/2006
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 Decision			Other
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

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

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 Name				Coverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INC				Primary
Insurer FEIN		Professional License Number
59-6614702
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Odessa			Choice
Street Address
1000 Riverside Avenue, Suite 800
City				State	Zip
Jacksonville				FL	32204
Phone	Ext	Fax	E-Mail Address
(800) 741 - 3742	3045	(904) 358 - 6728	odessa.choice@fpic.com

Insured Information

Type	First Name		MI	Last Name
Individual	D		M	Upadhyaya
Insurer Type		Street Address of Practice
Licensed		P. O. Box 1923
City		State	Zip Code	County
Sebring		FL	33870	Highlands
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
6758		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME31944		Surgery - Obstetrics - Gynecology		80153

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Highlands
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
HIGHLANDS REGIONAL MEDICAL CTR.		100049
Location of Institutional Injury		Other Location of Institutional Injury
Labor and Delivery Room
Date of Occurrence		Date Reported to Insurer
8/17/2007		4/29/2008

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 Suit			Circuit Court Case Number
11/6/2008			GC08-1426
County Suit Filed in			Date of Final Disposition
Highlands			4/14/2009
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 Decision			Other
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

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

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.

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 Name				Coverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INC				Primary
Insurer FEIN		Professional License Number
59-6614702
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Cheri		M	Montague
Street Address
1000 Riverside Drive, Suite 800
City				State	Zip
Jacksonville				FL	32204
Phone	Ext	Fax	E-Mail Address
(800) 741 - 3742	3043	(904) 358 - 6728	montague@fpic.com

Insured Information

Type	First Name		MI	Last Name
Individual	D		M	UPADHYAYA
Insurer Type		Street Address of Practice
Licensed		PO BOX 1923
City		State	Zip Code	County
SEBRING		FL	33871-1923	Highlands
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
6758		$500,000		$1,500,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME31944		Surgery - Obstetrics - Gynecology		1

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Highlands
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
FLORIDA HOSPITAL-HEARTLAND MEDICAL CTR.		100109
Location of Institutional Injury		Other Location of Institutional Injury
Labor and Delivery Room
Date of Occurrence		Date Reported to Insurer
11/23/2000		12/11/2002

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 Suit			Circuit Court Case Number
7/8/2003			GC03-315
County Suit Filed in			Date of Final Disposition
Highlands			12/29/2004
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 Decision			Other
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

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
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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Frequently Asked Questions

Does Dr. D M UPADHYAYA, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. D M UPADHYAYA, MD has at least 3 medical malpractice case(s), lawsuit(s), or complaint(s).