Dr. ERNESTO J PEREZ, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. ERNESTO J PEREZ, MD

1450 6TH ST NE

WINTER HAVEN, FL

33881

Polk

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 Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type		Entity Name
Entity		PROASSURANCE INDEMNITY COMPANY, INC.
Street Address
13919 Carrollwood Village Run
City				State	Zip
Tampa				FL	33618
Phone	Ext	Fax	E-Mail Address
(813) 969 - 2010		(813) 969 - 2120	SNorris@ProAssurance.com

Insured Information

Type	First Name		MI	Last Name
Individual	Ernesto		J	Perez
Insurer Type		Street Address of Practice
Licensed		1450 6TH ST NE
City		State	Zip Code	County
WINTER HAVEN		FL	33881	Polk
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP39846		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME55358		Internal Medicine - No Surgery		00000

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	Polk
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
WINTER HAVEN HOSPITAL		100052
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
5/15/2003		9/12/2003

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 Suit			Circuit Court Case Number
2/4/2004			2004-CA-000139
County Suit Filed in			Date of Final Disposition
Polk			8/21/2006
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 Decision			Other
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

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
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 Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	149876	265118
Indemnity Paid	0	3334728
Injured Person Total Non-Economic Loss	0	3334728
Settlement Reached	0	1
Amount of Loss Adjustment Expense Paid to Defense Counsel	119808	198455
Legal System Stage	After 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 Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	265118	300305
Amount of Loss Adjustment Expense Paid to Defense Counsel	198455	204479

Date of Change:

8/17/2009 3:42:44 PM

Reason for Change:

Report updated to reflect refund of expenses paid.

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	300305	288448

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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 Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type		Entity Name
Entity		ProNational Insurance Company
Street Address
13919 Carrollwood Village Run
City				State	Zip
Tampa				FL	33618
Phone	Ext	Fax	E-Mail Address
(813) 969 - 2010		(813) 969 - 2120	SNorris@ProAssurance.com

Insured Information

Type	First Name		MI	Last Name
Individual	Ernesto		J	Perez
Insurer Type		Street Address of Practice
Licensed		1450 6th Street SE
City		State	Zip Code	County
Winter Haven		FL	33880	Polk
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP39846		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME55358		Internal Medicine - No Surgery		00000

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
WINTER HAVEN HOSPITAL		100052
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
4/20/2004		8/8/2006

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 Suit			Circuit Court Case Number
11/19/2007			53-2006-CA-5063
County Suit Filed in			Date of Final Disposition
Polk			12/20/2007
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 Decision			Other
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

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

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 Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	16126	17611
All Other Loss Adjustment Expense Paid	8847	9123

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Frequently Asked Questions

Does Dr. ERNESTO J PEREZ, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. ERNESTO J PEREZ, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).