Medical Malpractice Cases

Dr. EPHRAIM G AGUILAR Medical Malpractice Cases

Court Case # 04-CA-3711

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200536566
Claim Number :20163-01
Date Submitted :10/19/2005
 
Insurer Information
 
Insurer NameCoverage Type
AMERICAN PHYSICIANS ASSURANCE CORPORATIONPrimary
Insurer FEINProfessional License Number
38-2102867 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualNancy Kirsch
Street Address
327 Plaza Real, Suite 319
CityStateZip
Boca RatonFL33432
PhoneExtFaxE-Mail Address
(561) 362 - 3332 (561) 417 - 6125nkirsch@acaponline.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualEphraim Aguilar
Insurer TypeStreet Address of Practice
Licensed50 Pine Island RoadSuite 4
CityStateZip CodeCounty
North Fort MyersFL33903Lee
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
126319$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME16708Family Physicians or General Practitioners - No Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MLee
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
8/4/20038/18/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Back Pain
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Insured prescribed several medications for pain relief.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Death from overdose of prescribed medications.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
9/23/200404-CA-3711
County Suit Filed inDate of Final Disposition
Lee3/14/2005
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
2/23/2005
 
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$4,588
All Other Loss Adjustment Expense Paid$803
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
Insured consulted with defense counsel and claims personnel. $250,000.00 was paid in full and final settlement of all claims on behalf of the insured.
 
Updates
 
 
Date of Change:10/19/2005 2:38:22 PM
Reason for Change:made minor changes.
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel04588
All Other Loss Adjustment Expense Paid0803

 

 

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

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Court Case # 03CA4762I

Indemnity Paid: $40,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200538656
Claim Number :20108-01
Date Submitted :12/6/2005
 
Insurer Information
 
Insurer NameCoverage Type
AMERICAN PHYSICIANS ASSURANCE CORPORATIONPrimary
Insurer FEINProfessional License Number
38-2102867 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualNancy Kirsch
Street Address
327 Plaza Real, Suite 319
CityStateZip
Boca RatonFL33432
PhoneExtFaxE-Mail Address
(561) 362 - 3332 (561) 417 - 6125nkirsch@acaponline.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualEPHRAIMGAGUILAR
Insurer TypeStreet Address of Practice
Licensed50 Pine Island Road, Suite 4
CityStateZip CodeCounty
North Fort MyersFL33903Lee
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
126319$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME16708Physicians - No Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FLee
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
1/7/20027/24/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Back pain, neck pain, muscle spasms, myofascitis and migrane headaches.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Insured prescribed muscle relaxants and pain medications.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
It is alleged that the insured failed to detect the pressence of a brain tumor, thereby delaying the diagnosis.
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
12/9/200303CA4762I
County Suit Filed inDate of Final Disposition
Lee11/8/2005
Other Defendants Involved in this Claim
Moyer, Donald J
Lanthier, Donna M
The Sypert 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
10/24/2005
 
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$44,345
All Other Loss Adjustment Expense Paid$17,468
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
Insured consulted with claims personnel and defense counsel.$40,000.00 was paid in full and final settlement of all claims on behalf of the insured.
 
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.

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