Medical Malpractice Cases

Dr. Ernesto J Perez Medical Malpractice Cases

Court Case # 2004-CA-000139

Indemnity Paid: $3,334,728.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200642110
Claim Number :125676
Date Submitted :8/17/2009
 
Insurer Information
 
Insurer NameCoverage Type
PROASSURANCE CASUALTY COMPANYPrimary
Insurer FEINProfessional License Number
38-2317569 
Insurer Contact Information
TypeEntity Name
EntityProAssurance Indemnity Company, Inc.
Street Address
13919 Carrollwood Village Run
CityStateZip
TampaFL33618-2746
PhoneExtFaxE-Mail Address
(813) 969 - 2010 (813) 969 - 2120SNorris@ProAssurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualErnestoJPerez
Insurer TypeStreet Address of Practice
Licensed1450 6TH ST NE
CityStateZip CodeCounty
WINTER HAVENFL33881-2525Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
MP39846$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME55358Internal Medicine - No Surgery00000

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MPolk
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
WINTER HAVEN HOSPITAL100052
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
5/15/20039/12/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Radiating chest pain.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
EKG, lab testss and cardiac enzymes performed which resulted in request for cardiology consult.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis.
Principal Injury Giving Rise To The Claim
Patient suffered an acute MI due to hypertensive cardiovascular disease and expired.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
2/4/20042004-CA-000139
County Suit Filed inDate of Final Disposition
Polk8/21/2006
Other Defendants Involved in this Claim
Winter Haven Hospital, Inc. d/b/a Winter Haven Hospital
Ernesto J. Perez, M.D., L.L.C.
Hetherington, Judith
Star-Med Staffing Services, Inc.
Stage of Legal System at which Settlement was Reached or Award Made
After appeal.
Final Method of Claim Disposition
Disposed of by Court
Court DecisionOther
Judgment for the plaintiff. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
10/31/2007
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$3,334,728
Loss Adjust Expense Paid to Defense Counsel$204,479
All Other Loss Adjustment Expense Paid$288,448
Injured Person's Total Non-Economic Loss$3,334,728
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$1,092$0
Wage Loss$0$282,392
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Insured has discussed case with insurance company persoonnel, medical experts and defense counsel.
 
Updates
 
 
Date of Change:11/13/2007 9:17:28 AM
Reason for Change:Report updated to reflect indemnity payment following appeal, and to reflect additional costs and legal fees paid.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid149876265118
Indemnity Paid03334728
Injured Person Total Non-Economic Loss03334728
Settlement Reached01
Amount of Loss Adjustment Expense Paid to Defense Counsel119808198455
Legal System StageAfter court verdict and prior to filing of notice of appeal.After appeal.
 
Date of Change:11/18/2008 2:33:08 PM
Reason for Change:Report updated to reflect additional legal fees and expenses paid.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid265118300305
Amount of Loss Adjustment Expense Paid to Defense Counsel198455204479
 
Date of Change:8/17/2009 3:42:44 PM
Reason for Change:Report updated to reflect refund of expenses paid.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid300305288448

 

 

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Court Case # 53-2006-CA-5063

Indemnity Paid: $15,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200848199
Claim Number :145111
Date Submitted :11/18/2008
 
Insurer Information
 
Insurer NameCoverage Type
PROASSURANCE CASUALTY COMPANYPrimary
Insurer FEINProfessional License Number
38-2317569 
Insurer Contact Information
TypeEntity Name
EntityProNational Insurance Company
Street Address
13919 Carrollwood Village Run
CityStateZip
TampaFL33618-2746
PhoneExtFaxE-Mail Address
(813) 969 - 2010 (813) 969 - 2120SNorris@ProAssurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualErnestoJPerez
Insurer TypeStreet Address of Practice
Licensed1450 6th Street SE
CityStateZip CodeCounty
Winter HavenFL33880Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
MP39846$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME55358Internal Medicine - No Surgery00000

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FPolk
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
WINTER HAVEN HOSPITAL100052
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
4/20/20048/8/2006
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Renal failure.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Dialysis.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis.
Principal Injury Giving Rise To The Claim
Alleged failure to monitor labs and adjust medication, resulting in death.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
11/19/200753-2006-CA-5063
County Suit Filed inDate of Final Disposition
Polk12/20/2007
Other Defendants Involved in this Claim
Ernesto Perez, M.D., L.L.C.
Harvey, Sean
Friedes, lawrence
Speyerer, David
Winter Haven Hospital
Davita, Inc.
Renal Treatment Ctr-Southeastd/b/a Winter Haven Dialysis
Stage of Legal System at which Settlement was Reached or Award Made
Within 90 days of suit being filed.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
1/3/2008
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$15,000
Loss Adjust Expense Paid to Defense Counsel$17,611
All Other Loss Adjustment Expense Paid$9,123
Injured Person's Total Non-Economic Loss$15,000
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
Insured has discussed case with insurance company personnel, medical expert and defense counsel.
 
Updates
 
 
Date of Change:11/18/2008 4:00:45 PM
Reason for Change:State Report updated to reflect additional legal fees and expenses paid.
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel1612617611
All Other Loss Adjustment Expense Paid88479123

 

 

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