Medical Malpractice Cases

Dr. Gary L Berger Medical Malpractice Cases

Court Case # 03-306CA

Indemnity Paid: $20,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200536405
Claim Number :83-008587
Date Submitted :8/22/2005
 
Insurer Information
 
Insurer NameCoverage Type
TRUCK INSURANCE EXCHANGEPrimary
Insurer FEINProfessional License Number
95-2575892 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualHeidi Tam
Street Address
4680 Wilshire Blvd., Sixth Floor
CityStateZip
Los AngelesCA90010
PhoneExtFaxE-Mail Address
(323) 930 - 7078  heidi.tam@farmersinsurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualGaryLBerger
Insurer TypeStreet Address of Practice
Licensed2400 Habor Blvd., # 21
CityStateZip CodeCounty
Port CharlotteFL33952Charlotte
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
0118073240000$500,000$1,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME30516Internal Medicine - Minor Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FCharlotte
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
SAINT JOSEPH'S HOSPITAL100075
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
9/21/20009/23/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
The patient required the first surgery to correct the urethral diverticulum.The second procedure was required to remove the catheter and stones catheter and to insert a new catheter due to the extravasation and lack of draining.The removal of the metal sleeve was performed at the time of the second procedure.The patient healed well and there was no permanent harm or injury in this case.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Dr. Berger performed a cystoscopy that found a possible defect of the urethra.He prescribed antibiotics and scheduled a marsupialization or excision procedure at St. Joseph Hospital.On 9/21/00 Dr. Berger performed an excision of a large urethral diverticulum.During the procedure the Down Corninh Cysto catheter kit was left in the patient's pubic fat pad.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
Retained foreign body (metal tube) following a surgical procedure.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
5/14/200303-306CA
County Suit Filed inDate of Final Disposition
Charlotte8/17/2005
Other Defendants Involved in this Claim
St. Joseph Hospital
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
8/17/2005
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$20,000
Loss Adjust Expense Paid to Defense Counsel$15,997
All Other Loss Adjustment Expense Paid$6,699
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$62,593$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Dr. Berger is careful in making sure that any device that goes into a cavity it is taken out before closure.Dr. Berger appropriately treated the patient and his cae and treatment was within the standard of care, except for the omission of leaving the metal tube in the patient. There was no permanent harm or injury in this case.
 
Updates
 
No updates found.

 

 

This page is not displaying certain sensitive information.

Alachua Baker Bay Bradford Brevard Broward Calhoun Charlotte Citrus Clay Collier Columbia Dade Desoto Dixie Duval Escambia Flagler Franklin Gadsden Hamilton Hardee Hendry Hernando Highlands Hillsborough Indian River Jackson Lake Lee Leon Levy Madison Manatee Marion Martin Monroe Nassau Okaloosa Okeechobee Orange Osceola Out of state Palm Beach Pasco Pinellas Polk Putnam Santa Rosa Sarasota Seminole St. Johns St. Lucie Sumter Suwannee Taylor Volusia Walton