Dr. JAMES M ESSER, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. JAMES M ESSER, MD

3315 COMMERCIAL WAY

SPRING HILL, FL

34606

Hernando

Court Case # 16-CA-000921

Indemnity Paid: $250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201782260
Claim Number :	1032192
Date Submitted :	2/27/2018

Insurer Information

Insurer Name				Coverage Type
NATIONAL FIRE & MARINE INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
47-6021331
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Myra			Lassen
Street Address
5814 Reed Road
City				State	Zip
Ft Wayne				IN	46835
Phone	Ext	Fax	E-Mail Address
(800) 463 - 3776			reportaclaim@medpro.com

Insured Information

Type	First Name		MI	Last Name
Individual	James		M	Esser
Insurer Type		Street Address of Practice
Licensed		6016 Park Blvd N
City		State	Zip Code	County
Pinellas Park		FL	33781	Pinellas
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
ES009775		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME57602		Radiology - Diagnostic - No Surgery

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
			M	Hernando
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Outpatient Facility		West Hernando Diagnostic and MR Center
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
7/31/2014		3/2/2016

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Pain on left side of chest
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
MRI of spine
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Failed to diagnose tumor
Principal Injury Giving Rise To The Claim
Delay in treatment
Severity Of Injury
Temporary: Major - Burns, surgical material left, drug side effect, brain damage. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
7/26/2016			16-CA-000921
County Suit Filed in			Date of Final Disposition
Hernando			5/4/2017
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
5/22/2017

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$250,000

Loss Adjust Expense Paid to Defense Counsel

$51,434

All Other Loss Adjustment Expense Paid

Injured Person's Total Non-Economic Loss

$250,000

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

N/A

Updates

Date of Change:

9/13/2017 2:28:31 PM

Reason for Change:

ALE Updated

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	34031	51309

Date of Change:

2/27/2018 9:52:37 AM

Reason for Change:

ALE Update

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	51309	51434

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Court Case #

Indemnity Paid: $250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M202092630
Claim Number :	244157
Date Submitted :	8/6/2020

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE SPECIALTY INSURANCE COMPANY, INC.				Primary
Insurer FEIN		Professional License Number
36-3990058
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Lauren			Archer
Street Address
100 Brookwood Place
City				State	Zip
Birmingham				AL	35209
Phone	Ext	Fax	E-Mail Address
(205) 439 - 7921			larcher@proassurance.com

Insured Information

Type	First Name		MI	Last Name
Individual	James		M	Esser
Insurer Type		Street Address of Practice
Licensed		1779 Sunset Point Road
City		State	Zip Code	County
Clearwater		FL	33755	Pinellas
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
ES1938		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME57602		Radiology - Diagnostic - Minor Surgery

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	Hernando
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Location		West Hernando Diagnostic and M.R. Center
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
5/16/2017		10/29/2019

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
The patient had breast cancer.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
The patient had a mammogram that showed potential area of cancer.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged misdiagnosis of breast cancer.
Principal Injury Giving Rise To The Claim
Breast cancer and mastectomy.
Severity Of Injury
Permanent: Grave - Quadraplegia, severe brain damage, lifelong care or fatal prognosis.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
			*NR
County Suit Filed in			Date of Final Disposition
*NR			5/26/2020
Other Defendants Involved in this Claim

Stage of Legal System at which Settlement was Reached or Award Made
Within the pre-suit period as set forth in 766.106 (more than 90 days before suit is filed).
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
No Court Proceedings.
Arbitration
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

$250,000

Loss Adjust Expense Paid to Defense Counsel

$25,394

All Other Loss Adjustment Expense Paid

$12,091

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

Insured discussed case with defense counsel, insurance personnel and medical experts.

Updates

No updates found.

Court Case #

Indemnity Paid: $250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M202092677
Claim Number :	244157
Date Submitted :	6/8/2020

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE SPECIALTY INSURANCE COMPANY, INC.				Primary
Insurer FEIN		Professional License Number
36-3990058
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Tammie			Heifner
Street Address
100 Brookwood Place
City				State	Zip
Birmingham				AL	35209
Phone	Ext	Fax	E-Mail Address
(205) 439 - 7923			theifner@proassurance.com

Insured Information

Type	First Name		MI	Last Name
Individual	James		M	Esser
Insurer Type		Street Address of Practice
Licensed		1779 Sunset Point Road
City		State	Zip Code	County
Clearwater		FL	33755	Pinellas
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
ES1938		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME57602		Radiology - Diagnostic - Minor Surgery

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	Hernando
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Location		West Hernando Diagnostic and M.R. Center
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Special Procedure Room
Date of Occurrence		Date Reported to Insurer
5/16/2017		10/29/2019

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
The patient had breast cancer.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
The patient had a mammogram that showed potential area of cancer.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged misdiagnosis of breast cancer.
Principal Injury Giving Rise To The Claim
Breast cancer and mastectomy.
Severity Of Injury
Permanent: Grave - Quadraplegia, severe brain damage, lifelong care or fatal prognosis.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
			*NR
County Suit Filed in			Date of Final Disposition
*NR			6/4/2020
Other Defendants Involved in this Claim

Stage of Legal System at which Settlement was Reached or Award Made
Within the pre-suit period as set forth in 766.106 (more than 90 days before suit is filed).
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment
6/4/2020

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$250,000

Loss Adjust Expense Paid to Defense Counsel

$8,661

All Other Loss Adjustment Expense Paid

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

Insured discussed case with defense counsel, insurance personnel and medical experts.

Updates

No updates found.

Court Case # 10CA2655

Indemnity Paid: $125,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201264180
Claim Number :	285601
Date Submitted :	2/15/2013

Insurer Information

Insurer Name				Coverage Type
MEDICAL PROTECTIVE COMPANY (THE)				Primary
Insurer FEIN		Professional License Number
35-0506406
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Susan		K	Spielman
Street Address
5814 Reed Road
City				State	Zip
Fort Wayne				IN	46835
Phone	Ext	Fax	E-Mail Address
(260) 486 - 0340			reportaclaim@medpro.com

Insured Information

Type	First Name		MI	Last Name
Individual	JAMES		M	ESSER
Insurer Type		Street Address of Practice
Licensed		3315 COMMERCIAL WAY
City		State	Zip Code	County
SPRING HILL		FL	34606	Hernando
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
600698		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME57602		Radiology - Diagnostic - No Surgery

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Hernando
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
3/6/2007		4/23/2010

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
MASS LEFT BREAST
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
MAMMOGRAM
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
FAILURE TO DIAGNOSE BREAST MASS
Principal Injury Giving Rise To The Claim
DELAY IN DIAGNOSIS AND TREATMENT OF BREAST CANCER
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 Suit			Circuit Court Case Number
8/24/2010			10CA2655
County Suit Filed in			Date of Final Disposition
Hernando			6/4/2012
Other Defendants Involved in this Claim
WEST HERNANDO DIAGNOSTIC CENTER MALHOTRA, GAURAV MALHOTRA, POONAM CENTRAL WALK IN CLINIC BROOKSVILLE WALK IN JAMES M ESSER MD PA
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
6/4/2012

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$125,000

Loss Adjust Expense Paid to Defense Counsel

$66,477

All Other Loss Adjustment Expense Paid

$32,578

Injured Person's Total Non-Economic Loss

$125,000

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

N/A

Updates

Date of Change:

9/17/2012 4:09:07 PM

Reason for Change:

ALE UPDATE

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	25781	30170
Amount of Loss Adjustment Expense Paid to Defense Counsel	61054	63554

Date of Change:

2/15/2013 11:48:22 AM

Reason for Change:

Update ALE

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	30170	32578
Amount of Loss Adjustment Expense Paid to Defense Counsel	63554	66477

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Frequently Asked Questions

Does Dr. JAMES M ESSER, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. JAMES M ESSER, MD has at least 4 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases