Medical Malpractice Cases

Dr. Eric M Gabriel Medical Malpractice Cases

Court Case #

Indemnity Paid: $750,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201886915
Claim Number : 115433
Date Submitted : 11/3/2018
 
Insurer Information
 
Insurer Name Coverage Type
ASCENSION HEALTH ALLIANCE PL/GL SELF-INSURED TRUST Primary
Insurer FEIN Professional License Number
36-7046706  
Insurer Contact Information
Type First Name MI Last Name
Individual Linda   Zinselmeier
Street Address
11775 Borman Drive
City State Zip
Saint Louis MO 63146
Phone Ext Fax E-Mail Address
(314) 733 - 8727     lzinselmeier@ascension.org
 
Insured Information
 
Type First Name MI Last Name
Individual Eric   Gabriel
Insurer Type Street Address of Practice
Self-Insurer 1824 King Street, Suite 300
City State Zip Code County
Jacksonville FL 32204 Duval
Policy Number Per Claim Policy Limits Aggregate Policy Limits
1111 $10,000,000 $10,000,000
Profession or Business Other Profession or Business
Medical Doctor  
License Number Specialty Code & Classification Certification Number
ME80322 Surgery - Neurology - Including Child  

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First Name MI Last Name Date of Birth
       
Street Address Gender County where Injury Occurred
  M Duval
City State Zip Code
     
Location where injury occured Other location where injury occured
Hospital Inpatient Facility  
Name of Institution Code
SAINT VINCENT'S MEDICAL CENTER 100040
Location of Institutional Injury Other Location of Institutional Injury
Patients' Room  
Date of Occurrence Date Reported to Insurer
7/31/2017 5/4/2018
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Chronic back pain.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Spinal decompression.
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Failure to appreciate change in condition following spinal decompression and perform a timely work-up of post-op complaints, failure to make the patient NPO and expedite follow-up surgery.
Principal Injury Giving Rise To The Claim
Neurogenic bowel and bladder and permanent loss of sensation/numbness in bilateral lower extremities.
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of Suit Circuit Court Case Number
  *NR
County Suit Filed in Date of Final Disposition
*NR 11/3/2018
Other Defendants Involved in this Claim
Messana, Lucy
Saint Vincent's Medical Center
Stage of Legal System at which Settlement was Reached or Award Made
Within the pre-suit period as set forth in 766.106 (more than 90 days before suit is filed).
Final Method of Claim Disposition
Settled by parties
Court Decision Other
No Court Proceedings.  
Arbitration
Claim not subject to Arbitration.
Date of Payment
11/3/2018
 
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 $25,000
All Other Loss Adjustment Expense Paid $0
Injured Person's Total Non-Economic Loss $650,000
Deductible $0
Injured Person's Total Economic Loss
  Incurred to Date Anticipated
Medical Expense $100,000 $0
Wage Loss $0 $0
Other Expenses $0 $0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
n/a
 
Updates
 
No updates found.

 

 

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

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Court Case # 01-04-CA-2070

Indemnity Paid: $500,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200746918
Claim Number :19184
Date Submitted :9/11/2007
 
Insurer Information
 
Insurer NameCoverage Type
MAG MUTUAL INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
58-1449198 
Insurer Contact Information
TypeEntity Name
EntityMAG Mutual Insurance Company
Street Address
8427 South Park Circle Suite 130
CityStateZip
OrlandoFL32819
PhoneExtFaxE-Mail Address
(407) 370 - 3813 (407) 370 - 2247cwehner@magmutual.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualERICMGABRIEL
Insurer TypeStreet Address of Practice
Licensed6510 NW 9th Blvd., Suite 1
CityStateZip CodeCounty
GainesvilleFL32605Alachua
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1600491 02$500,000$1,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME80322Neurology - Including Child - Minor Surgery3306

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MAlachua
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
10/23/200112/22/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Spinal cord compression
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
No iatrogenic injury
Diagnostic Code :353.2
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged delay in diagnosis of spinal cord compression
Principal Injury Giving Rise To The Claim
Partial quadriplegia
Severity Of Injury
Permanent: Grave - Quadraplegia, severe brain damage, lifelong care or fatal prognosis.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
6/4/200401-04-CA-2070
County Suit Filed inDate of Final Disposition
Alachua8/29/2007
Other Defendants Involved in this Claim
Zenith Insurance Co.
Neurosurgical & Spine 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
9/7/2007
 
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$69,078
All Other Loss Adjustment Expense Paid$33,416
Injured Person's Total Non-Economic Loss$500,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$6,000,000
Wage Loss$0$500,000
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Risk management has counseled insured
 
Updates
 
No updates found.

 

 

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Court Case # 04-CA-459

Indemnity Paid: $125,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200535008
Claim Number :18355
Date Submitted :4/21/2005
 
Insurer Information
 
Insurer NameCoverage Type
MAG MUTUAL INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
58-1449198 
Insurer Contact Information
TypeEntity Name
EntityMAG Mutual Insurance Company
Street Address
8427 South Park Circle Suite 130
CityStateZip
OrlandoFL32819
PhoneExtFaxE-Mail Address
(407) 370 - 3813 (407) 370 - 2247cwehner@magmutual.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualEricMGabriel
Insurer TypeStreet Address of Practice
Licensed6510 NW 9th Boulevard, Suite 1
CityStateZip CodeCounty
GainesvilleFL32605Alachua
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1600491 02$500,000$1,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME80322Surgery - Neurology - Including Child3306

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FAlachua
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
NORTH FLORIDA REGIONAL MEDICAL CENTER100204
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
9/14/20018/29/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Disc herniation at C6-C7
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Laminectomy and nerve root compression
Diagnostic Code :DC767.4
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to properly perform surgery
Principal Injury Giving Rise To The Claim
Hemorrhage and edema
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
2/9/200404-CA-459
County Suit Filed inDate of Final Disposition
Alachua4/15/2005
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
4/15/2005
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$125,000
Loss Adjust Expense Paid to Defense Counsel$38,280
All Other Loss Adjustment Expense Paid$0
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$8,988$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Risk management has counseled insured
 
Updates
 
No updates found.

 

 

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Court Case # 01-05-CA-437

Indemnity Paid: $100,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200640767
Claim Number :20775
Date Submitted :7/11/2006
 
Insurer Information
 
Insurer NameCoverage Type
MAG MUTUAL INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
58-1449198 
Insurer Contact Information
TypeEntity Name
EntityMAG Mutual Insurance Company
Street Address
8427 South Park Circle Suite 130
CityStateZip
OrlandoFL32819
PhoneExtFaxE-Mail Address
(407) 370 - 3813 (407) 370 - 2247cwehner@magmutual.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualEricMGabriel
Insurer TypeStreet Address of Practice
Licensed6510 NW 9th Blvd., Suite 1
CityStateZip CodeCounty
GainesvilleFL32605Alachua
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1600491 03$500,000$1,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME80322Surgery - Neurology - Including Child3306

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FAlachua
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
NORTH FLORIDA REGIONAL MEDICAL CENTER100204
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
6/19/20029/21/2004
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Cervical pain, radicular symtpoms
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Laminotomy
Diagnostic Code :353.8
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to perform proper surgery and use appropriate hardware
Principal Injury Giving Rise To The Claim
Continued pain and numbness
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
2/10/200501-05-CA-437
County Suit Filed inDate of Final Disposition
Alachua6/27/2006
Other Defendants Involved in this Claim
Neurosurgical & Spine Assoc.
N. Fl. Reg'l. Med. Ctr.
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
4/27/2006
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$100,000
Loss Adjust Expense Paid to Defense Counsel$44,997
All Other Loss Adjustment Expense Paid$31,966
Injured Person's Total Non-Economic Loss$100,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$130,388$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Risk management has counseled insured
 
Updates
 
 
Date of Change:7/11/2006 12:34:57 PM
Reason for Change:Report revised to reflect Court Document Final Diposition Date of 06/27/06
 
Field ChangedFormer ValueNew Value
Date of Final Disposition28-APR-0627-JUN-06

 

 

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