Medical Malpractice Cases

Dr. HERBERT W ACKEN Medical Malpractice Cases

Court Case # G-98-582

Indemnity Paid: $325,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200639102
Claim Number :E25860-01
Date Submitted :1/23/2007
 
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
IndividualHerbertWAcken
Insurer TypeStreet Address of Practice
Licensed220 Avenue O Southeast
CityStateZip CodeCounty
Winter HavenFL33880Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PNFL-0002000-00$500,000$1,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME22227Surgery - Obstetrics - Gynecology00000

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
Operating Suite 
Date of OccurrenceDate Reported to Insurer
9/10/19964/21/1997
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Pelvic mass.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Total abdominal hysterectomy and salpingo-oophorectomy.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged delay in diagnosis of ovarian cancer.
Principal Injury Giving Rise To The Claim
Patient died of metastatic disease.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
3/3/1998G-98-582
County Suit Filed inDate of Final Disposition
Polk12/7/2005
Other Defendants Involved in this Claim
Koike, Masuo J
Obstetrics Associates of Winter Haven, P.A.
Stage of Legal System at which Settlement was Reached or Award Made
During trial, but before court verdict.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
OtherSettlement following verdict.No judgment entered
Arbitration
Claim not subject to Arbitration.
Date of Payment
12/8/2005
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$325,000
Loss Adjust Expense Paid to Defense Counsel$129,427
All Other Loss Adjustment Expense Paid$128,899
Injured Person's Total Non-Economic Loss$325,000
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 experts and defense counsel.
 
Updates
 
 
Date of Change:1/23/2007 3:23:15 PM
Reason for Change:Updating to reflect additional costs paid after the file was closed.
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel128899129427
All Other Loss Adjustment Expense Paid128953128899

 

 

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Court Case # 532004ca000338000000

Indemnity Paid: $150,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200641555
Claim Number :502287
Date Submitted :7/10/2006
 
Insurer Information
 
Insurer NameCoverage Type
AMERICAN HEALTHCARE INDEMNITY COMPANYPrimary
Insurer FEINProfessional License Number
59-2048400 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualDeborah AFuller
Street Address
1888 Century Park East, #800
CityStateZip
Los Angeles CA90067
PhoneExtFaxE-Mail Address
(310) 556 - 7414  dfuller@scpie.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualHERBERTWACKEN
Insurer TypeStreet Address of Practice
Licensed116 Bates Ave SW
CityStateZip CodeCounty
Winter HavenFL33880Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
51509 $250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME22227Surgery - Obstetrics - Gynecology 

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-REGENCY120010
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
1/2/20029/19/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Pregnancy with complications of placenta previa
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
C-section
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis made
Principal Injury Giving Rise To The Claim
Severe profound brain damage, cerebral palsy and developmental delays
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
2/6/2004532004ca000338000000
County Suit Filed inDate of Final Disposition
Polk1/10/2005
Other Defendants Involved in this Claim
Koike, MD, MasuoJ
Obstetrics Assoc. of Winter Haven
Radiology and Imaging Specialists of Lakeland, PA
Henricks, MD , Bret
Winter Haven Hospital Inc. DBA Regency Medical Center
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
1/10/2005
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$150,000
Loss Adjust Expense Paid to Defense Counsel$0
All Other Loss Adjustment Expense Paid$1,205
Injured Person's Total Non-Economic Loss$0
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
N/A
 
Updates
 
No updates found.

 

 

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