Medical Malpractice Cases

Dr. GARY BIRKEN, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address
Dr. GARY BIRKEN, MD
1150 N 35th Ave, #555
US

Court Case # 01-14439 CA24

Indemnity Paid: $500,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200848888
Claim Number :23723-01
Date Submitted :3/13/2008
 
Insurer Information
 
Insurer NameCoverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INCPrimary
Insurer FEINProfessional License Number
59-6614702 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualOdessa Choice
Street Address
1000 Riverside Avenue, Suite 800
CityStateZip
JacksonvilleFL32204
PhoneExtFaxE-Mail Address
(800) 741 - 37423045(904) 358 - 6728odessa.choice@fpic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualGary Birken
Insurer TypeStreet Address of Practice
Licensed1150 N 35th Ave, #555
CityStateZip CodeCounty
HollywoodFL33021Broward
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
98285$500,000$1,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME48741Surgery - General80143

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FDade
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
MEMORIAL REGIONAL HOSPITAL(HOLLYWOOD)100038
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
8/14/19962/16/2001
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Newborn female developed shock and free air in the abdomen.The patient lethargic, hypothermic tachypneic and developed a distended abdomen.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
The patient underwent a complete gastroenterotomy, splenectomy and left colectomy.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
It is alleged that the insured performed unnecessary surgery including colectomy and splenectomy.
Principal Injury Giving Rise To The Claim
Amputations of all four extremities.
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 SuitCircuit Court Case Number
7/13/200101-14439 CA24
County Suit Filed inDate of Final Disposition
Dade2/22/2008
Other Defendants Involved in this Claim
University of Miami
Tano, M.D., Mario
Jackson Memorial Hospital
Public Health Trust
Memorial Regional Hospital
Bolumen, M.D., Eduardo
Olazagasti, M.D., Juan
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
2/22/2008
 
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$216,027
All Other Loss Adjustment Expense Paid$275,189
Injured Person's Total Non-Economic Loss$500,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$474,000$13,760,000
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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Frequently Asked Questions

Does Dr. GARY BIRKEN, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. GARY BIRKEN, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).

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