Dr. HOWARD B EPSTEIN, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. HOWARD B EPSTEIN, MD

545 Health Blvd.

Daytona Beach, FL

32114

Volusia

Court Case # CA03-706

Indemnity Paid: $240,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200534885
Claim Number :	A01-24835-01
Date Submitted :	4/11/2005

Insurer Information

Insurer Name				Coverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INC				Primary
Insurer FEIN		Professional License Number
59-6614702
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Cheri		M	Montague
Street Address
1000 Riverside Drive, Suite 800
City				State	Zip
Jacksonville				FL	32204
Phone	Ext	Fax	E-Mail Address
(800) 741 - 3742	3043	(904) 358 - 6728	montague@fpic.com

Insured Information

Type	First Name		MI	Last Name
Individual	Howard		B	Epstein
Insurer Type		Street Address of Practice
Licensed		545 Health Blvd.
City		State	Zip Code	County
Daytona Beach		FL	32114	St. Johns
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
33098		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME44446		Surgery - Urological		80145

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	St. Johns
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
FLAGLER HOSPITAL		100219
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
9/27/2001		10/9/2001

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Right uretral obstruction, secondary to aortic abdominal aneurysm.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Right ureterolysis and ureterostomy.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
Death.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
10/2/2003			CA03-706
County Suit Filed in			Date of Final Disposition
St. Johns			3/11/2005
Other Defendants Involved in this Claim
Atlantic Urological Associates
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 Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment
3/11/2005

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$240,000

Loss Adjust Expense Paid to Defense Counsel

$35,912

All Other Loss Adjustment Expense Paid

$19,718

Injured Person's Total Non-Economic Loss

$240,000

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

Insurance company staff consulted with insured to discuss preventative measures. Risk management referral is made if appropriate.

Updates

No updates found.

This page is not displaying certain sensitive information.

Court Case # CA05-66 DIV 55

Indemnity Paid: $90,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200641486
Claim Number :	A04-30623-03
Date Submitted :	6/30/2006

Insurer Information

Insurer Name				Coverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INC				Primary
Insurer FEIN		Professional License Number
59-6614702
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Cheri		M	Montague
Street Address
1000 Riverside Avenue, Suite 800
City				State	Zip
Jacksonville				FL	32204
Phone	Ext	Fax	E-Mail Address
(800) 741 - 3742	3043	(904) 358 - 6728	montague@fpic.com

Insured Information

Type	First Name		MI	Last Name
Individual	Howard		B	Epstein
Insurer Type		Street Address of Practice
Licensed		545 Health Blvd
City		State	Zip Code	County
Daytona Beach		FL	32114	Volusia
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
33098		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME44446		Surgery - Urological		80145

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	St. Johns
City			State	Zip Code

Location where injury occured		Other location where injury occured
Physician's Office
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury

Date of Occurrence		Date Reported to Insurer
12/4/2003		5/4/2004

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Benign prostate hypertrophy.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Microwave thermotherapy.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
Urinary incontinence.
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs.Includes non-disabling injuries.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
2/1/2005			CA05-66 DIV 55
County Suit Filed in			Date of Final Disposition
St. Johns			6/8/2006
Other Defendants Involved in this Claim

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 Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment
6/8/2006

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$90,000

Loss Adjust Expense Paid to Defense Counsel

$103,398

All Other Loss Adjustment Expense Paid

$24,702

Injured Person's Total Non-Economic Loss

$90,000

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

Insurance company staff consulted with insured to discuss preventative measures. Risk management referral is made if appropriate.

Updates

No updates found.

This page is not displaying certain sensitive information.

Court Case # CA14-0125

Indemnity Paid: $15,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201988222
Claim Number :	309769
Date Submitted :	3/19/2019

Insurer Information

Insurer Name				Coverage Type
DOCTORS COMPANY, AN INTERINSURANCE EXCHANGE (THE)				Primary
Insurer FEIN		Professional License Number
95-3014772
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Kelly			Andrews
Street Address
12724 Gran Bay Parkway, W., Suite 400
City				State	Zip
Jacksonville				FL	32258
Phone	Ext	Fax	E-Mail Address
(904) 360 - 3038			kandrews@thedoctors.com

Insured Information

Type	First Name		MI	Last Name
Individual	HOWARD		B	EPSTEIN
Insurer Type		Street Address of Practice
Licensed		201 Health Park Boulevard, Suite 215
City		State	Zip Code	County
Saint Augustine		FL	32086	St. Johns
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
0950322		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME44446		Surgery - Urological

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
FLAGLER HOSPITAL		100090
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
3/14/2012		8/28/2013

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Ureteral injury.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Insured performed a cystoscopy on patient because of a diagnosis of a left ureteral injury from a prior surgery performed by another provider. Insured was unable to conduct a repair due to the extensive damage. A per-cutaneous tube was place to drain her kidney until she could be transferred to another hospital for further surgery.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
It is alleged insured failed to timely diagnose and treat patient's transected ureter. It is also alleged that he ordered the patient to be transferred to another hospital for repair, but transfer was delayed causing further delay in treatment resulting in the loss of patient's kidney.
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
1/31/2014			CA14-0125
County Suit Filed in			Date of Final Disposition
St. Johns			3/14/2019
Other Defendants Involved in this Claim
Greenwald, MD, David Atlantic Urological Associates Flagler 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 Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment
3/14/2019

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

$71,358

All Other Loss Adjustment Expense Paid

$32,721

Injured Person's Total Non-Economic Loss

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

Insurance company staff consulted with insured to discuss preventative measures. Patient Safety referral is made if appropriate.

Updates

No updates found.

Frequently Asked Questions

Does Dr. HOWARD B EPSTEIN, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. HOWARD B EPSTEIN, MD has at least 3 medical malpractice case(s), lawsuit(s), or complaint(s).

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