Medical Malpractice Cases

Dr. John Baker Medical Malpractice Cases

Court Case # H-27-CH-2007-0854

Indemnity Paid: $75,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200850872
Claim Number :11200-01
Date Submitted :9/12/2008
 
Insurer Information
 
Insurer NameCoverage Type
PODIATRY INSURANCE COMPANY OF AMERICAPrimary
Insurer FEINProfessional License Number
58-1403235 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualKaren Kessler
Street Address
110 Westwood Place
CityStateZip
BrentwoodTN37027
PhoneExtFaxE-Mail Address
(615) 371 - 87762249 kkessler@picagroup.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJohn Baker
Insurer TypeStreet Address of Practice
Licensed6317 Sealawn Dr.
CityStateZip CodeCounty
Spring HillFL34607Alachua
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
1PD0017851$250,000$750,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO2324  

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MAlachua
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilityHernando Endoscopy & Surgery Center
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
7/15/200510/30/2006
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Ulceration with osteomyelitis, right hallux
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Debridement of necrotic bone and soft tissue, right hallux
Diagnostic Code :730.07
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient underwent a number of surgical debridements and eventually underwent amputation of his hallux.After these surgeries, the wounds were somewhat closed, failed to heal and re-opened. A non-invasive vascular test revealed decreased flow to the left foot with relatively normal flow to the right, so insured referred patient to a vascular surgeon, and patient subsequently underwent a transmetatarsal amputation.Patient alleges failure to timely refer.Our expert believes that due to the patient?s multiple medical problems and poor lifestyle decisions, such as heavy smoking and not controlling his hypertension, the amputation would have been the eventual outcome of this patient regardless of the appropriate care provided by the insured.
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 SuitCircuit Court Case Number
5/14/2008H-27-CH-2007-0854
County Suit Filed inDate of Final Disposition
Hernando8/18/2008
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
8/21/2008
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$75,000
Loss Adjust Expense Paid to Defense Counsel$20,331
All Other Loss Adjustment Expense Paid$6,945
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
None - Specialty code #80993
 
Updates
 
No updates found.

 

 

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

This page is not displaying certain sensitive information.

Court Case #

Indemnity Paid: $75,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201887308
Claim Number : 25939-01
Date Submitted : 12/17/2018
 
Insurer Information
 
Insurer Name Coverage Type
PODIATRY INSURANCE COMPANY OF AMERICA Primary
Insurer FEIN Professional License Number
58-1403235  
Insurer Contact Information
Type First Name MI Last Name
Individual Angeline   Schave
Street Address
3000 Meridian Blvd. Ste. 400
City State Zip
Franklin TN 37067
Phone Ext Fax E-Mail Address
(615) 371 - 8776 2998 (615) 986 - 1945 aschave@picagroup.com
 
Insured Information
 
Type First Name MI Last Name
Individual John   Baker
Insurer Type Street Address of Practice
Licensed 6317 Sealawn Drive
City State Zip Code County
Spring Hill FL 34607 Hernando
Policy Number Per Claim Policy Limits Aggregate Policy Limits
1PD0017851 $250,000 $750,000
Profession or Business Other Profession or Business
Podiatric Physician  
License Number Specialty Code & Classification Certification Number
PO2324    

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
Hospital Outpatient Facility  
Name of Institution Code
ALL SAINTS SURGERY CENTER 126
Location of Institutional Injury Other Location of Institutional Injury
Operating Suite  
Date of Occurrence Date Reported to Insurer
10/12/2016 4/19/2018
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Hallux abductovalgus, right foot; Hammertoe deformity with contracture, second toe, right foot; Hammertoe deformity with contracture third toe, right foot; Hammertoe deformity with contracture, fourth toe, right foot; Hammertoe deformity with contracture fifth toe, right foot; Taylor¿s bunion deformity, right foot
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Shortening plantar flexing Austin bunionectomy, right foot; 2nd , 3rd, 4th and 5th metatarsophalangeal joint tenotomy and capsulotomy, right foot; Proximal interphalangeal joint arthrodesis 2nd and 3rd toe, right foot; Partial interphalangeal joint arthrodesis, 4th toe, right foot; Derotational proximal interphalangeal joint arthroplasty, 5th toe, right foot
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient presented to insured on 10/4/16 with a primary complaint of bunions. Insured conducted a thorough examination and noted patient had bunion bilaterally, as well as hammertoes bilaterally. Insured discussed conservative care at length with the patient. The patient returned one week later after trying conservative care without relief and requested a surgical consult with the insured. Insured discussed surgery with the patient, as well as post-operative course of treatment along with written instruction. Insured performed the surgery on 10/14/16. After the surgery, patient was dispensed a Aircast foam walker. Later that same day, the patient returned to the insured¿s office to have her bandage changed because it was bleeding through the surgical wrapping. Patient advised that immediately after her surgery that same morning, she returned to work and was working until she noticed the bleeding. It was also noted that the patient drove herself to the insured office and was not wearing the Aircast foam walker she had been given that morning. Patient continued to be non-compliant in the insured¿s post-surgical care and experienced further complications. Ultimately, the patient went on to seek subsequent treatment and was lost for follow up. Patient alleges insured failed to attempt conservative therapy prior to surgery and failure to employ appropriate surgical technique, including but not limited to making the tendon too tight and resecting too much bone, resulting in injury to the fifth metatarsal and substantial deformity of the right foot.
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs. Includes non-disabling injuries.

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 11/30/2018
Other Defendants Involved in this Claim
John E. Baker, DPM, PA
Stage of Legal System at which Settlement was Reached or Award Made
Within 90 days of suit being filed.
Final Method of Claim Disposition
Settled by parties
Court Decision Other
No Court Proceedings.  
Arbitration
Claim not subject to Arbitration.
Date of Payment
12/6/2018
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff? Yes
Indemnity Paid by Insurer on behalf of Insured $75,000
Loss Adjust Expense Paid to Defense Counsel $225
All Other Loss Adjustment Expense Paid $959
Injured Person's Total Non-Economic Loss $0
Deductible $0
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
Specialty Code - 80993
 
Updates
 
No updates found.

 

Court Case #

Indemnity Paid: $0.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201782761
Claim Number : 22852-01
Date Submitted : 8/8/2017
 
Insurer Information
 
Insurer Name Coverage Type
PODIATRY INSURANCE COMPANY OF AMERICA Primary
Insurer FEIN Professional License Number
58-1403235  
Insurer Contact Information
Type First Name MI Last Name
Individual Angie   Schave
Street Address
PICA 3000 Meridian Blvd. Ste. 400
City State Zip
Franklin TN 37067
Phone Ext Fax E-Mail Address
(615) 371 - 8776 2998 (615) 986 - 1945 aschave@picagroup.com
 
Insured Information
 
Type First Name MI Last Name
Individual John   Baker
Insurer Type Street Address of Practice
Licensed 6317 Sealawn Drive
City State Zip Code County
Spring Hill FL 34607 Hernando
Policy Number Per Claim Policy Limits Aggregate Policy Limits
1PD0017851 $250,000 $750,000
Profession or Business Other Profession or Business
Podiatric Physician  
License Number Specialty Code & Classification Certification Number
PO2324    

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
Hospital Outpatient Facility  
Name of Institution Code
ALL SAINTS SURGERY CENTER 126
Location of Institutional Injury Other Location of Institutional Injury
Operating Suite  
Date of Occurrence Date Reported to Insurer
6/5/2015 9/1/2015
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Hammertoe deformity with contracture with dislocation of 2nd metatarsophalangeal joint, right foot; Hammertoe deformity with contracture 3rd toe with dislocation of 3rd metatarsophalangeal joint, right foot; Hammertoe deformity with contracture with dislocation of 4th metatarsophalangeal joint, right foot; Hammertoe deformity with contracture with 5th metatarsophalangeal joint dislocation, right foot.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
V-Y skin plasty over 2nd and 4th metatarsophalangeal joints for skin plasty lengthening, dorsal right foot; Hoffman procedure with excision of metatarsal heads #2, #3, #4, and #5, right foot; Proximal interphalangeal joint arthrodesis 2nd toe, right foot; Distal interphalangeal joint flexor tenotomy and capsulotomy 2nd toe, right foot; 3rd proximal interphalangeal joint arthrodesis, right foot; 4th proximal interphalangeal joint arthrodesis, right foot; Proximal interphalangeal joint arthroplasty 5th toe, right foot; Distal interphalangeal joint flexor tenotomy and capsulotomy 5th toes, right foot.
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient allegedly had an amputation but no facts or allegations were made known.
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
  *NR
County Suit Filed in Date of Final Disposition
*NR 7/31/2017
Other Defendants Involved in this Claim
 
Stage of Legal System at which Settlement was Reached or Award Made
Claim or suit abandoned.
Final Method of Claim Disposition
No Payment Made
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? No
Indemnity Paid by Insurer on behalf of Insured $0
Loss Adjust Expense Paid to Defense Counsel $3,047
All Other Loss Adjustment Expense Paid $875
Injured Person's Total Non-Economic Loss $0
Deductible $0
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
Specialty code #80993
 
Updates
 
No updates found.

 

 

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

This page is not displaying certain sensitive information.

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