Medical Malpractice Cases

Dr. Gilberto J Acosta Medical Malpractice Cases

Court Case # 13-012861CA01

Indemnity Paid: $95,000.00

Medical Malpractice Closed Claims Report

Department File Number :M201369109
Claim Number :18662-01
Date Submitted :12/6/2013
Insurer Information
Insurer NameCoverage Type
Insurer FEINProfessional License Number
Insurer Contact Information
TypeFirst NameMILast Name
IndividualKaren Kessler
Street Address
3000 Meridian Blvd., Suite 400
PhoneExtFaxE-Mail Address
(615) 371 - 87762249
Insured Information
TypeFirst NameMILast Name
Insurer TypeStreet Address of Practice
Licensed613 E 49th St.
CityStateZip CodeCounty
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number

Medical Malpractice Closed Claims Report

Injured Person Information
First NameMILast NameDate of Birth
Street AddressGenderCounty where Injury Occurred
CityStateZip Code
Location where injury occuredOther location where injury occured
Hospital Outpatient Facility 
Name of InstitutionCode
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
Diagnostic Information
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Plantar fibroma, left foot
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Excision of plantar fibroma, left foot
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Principal Injury Giving Rise To The Claim
Patient presented to the insured on 9/15/11 with complaints of a painful nodule involving the plantar aspect of her foot, present for six months and increasing in size. She was diagnosed with a plantar fibroma, and excision of the mass was recommended given the pain and recent growth. An MRI was performed and confirmed the diagnosis. In addition, it should be noted that capsulitis was described by the radiologist involving the fifth metatarsophalangeal joint on the MRI. On 9/22/11 the insured recommended surgery. Surgery was performed on 10/21/11, and involved removal of the lesion. Initially the patient had some problems with numbness involving her toes. The insured discussed the fact that this could simply be secondary to swelling, but once the pathology report was noted, he indicated that she may have some numbness due to the nature of the lesion.When last evaluated in mid-November, 2011, her sensation was returning, and she was advised to return on an as needed basis.Thereafter, the patient sought care from another DPM, beginning in February, 2012.He performed surgery for a recurrent lesion.Patient claims recurrence of the fibroma, necessitating further surgery, and loss of normal sensation of the left toes/foot. She alleges insured¿s surgery was negligently performed, causing damage to the nerve.
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Medical Malpractice Closed Claims Report


Legal Information
Date of SuitCircuit Court Case Number
County Suit Filed inDate of Final Disposition
Other Defendants Involved in this Claim
Gilberto J. Acosta Podiatrist, Inc.
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. 
Claim not subject to Arbitration.
Date of Payment
Financial Information
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$95,000
Loss Adjust Expense Paid to Defense Counsel$51,374
All Other Loss Adjustment Expense Paid$12,972
Injured Person's Total Non-Economic Loss$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$35,000$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
None - Specialty code #80993
No updates found.



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

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