Dr. JOHNNY C BENJAMIN, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. JOHNNY C BENJAMIN, MD

1355 37th St, Ste 301

Vero Beach, FL

32960

Indian River

Court Case # 2013-CA-001487

Indemnity Paid: $37,500.00

Medical Malpractice Closed Claims Report

Department File Number :	M201470816
Claim Number :	1013568-01
Date Submitted :	7/31/2014

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	Johnny		C	Benjamin
Insurer Type		Street Address of Practice
Licensed		1355 37th St, Ste 301
City		State	Zip Code	County
Vero Beach		FL	32960	Indian River
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
645746		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME70165		Surgery - Orthopedic

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	Indian River
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Location		Pro-Therapy
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Physical Therapy Department
Date of Occurrence		Date Reported to Insurer
1/31/2012		5/8/2013

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Back surgery
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Physical therapy
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Failure to prevent patient fall
Principal Injury Giving Rise To The Claim
Disc herniation L2-L3
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
11/11/2013			2013-CA-001487
County Suit Filed in			Date of Final Disposition
Indian River			5/5/2014
Other Defendants Involved in this Claim
Johnny C Benjamin Jr MD PA Willemen PT, Mark Pro Sports & Spine 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 Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment
5/1/2014

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$37,500

Loss Adjust Expense Paid to Defense Counsel

$5,230

All Other Loss Adjustment Expense Paid

$115

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

N/A

Updates

Date of Change:

7/31/2014 11:22:22 AM

Reason for Change:

Corrected Injured Person's Last Name

Field Changed	Former Value	New Value
Injured Person Last Name	Miers	Hiers

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Court Case # 312011-CA002608

Indemnity Paid: $0.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201576025
Claim Number :	5147038-01
Date Submitted :	1/28/2016

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	Johnny		C	Benjamin
Insurer Type		Street Address of Practice
Licensed		1355 37th St Ste 301
City		State	Zip Code	County
Vero Beach		FL	32960	Indian River
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
645746		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME70165		Surgery - Orthopedic

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	Indian River
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
INDIAN RIVER MEMORIAL HOSPITAL		100105
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
12/29/2008		3/17/2011

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Back pain
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Spinal surgery
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Failure to prevent DVT
Principal Injury Giving Rise To The Claim
Death
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
9/9/2011			312011-CA002608
County Suit Filed in			Date of Final Disposition
Indian River			10/5/2015
Other Defendants Involved in this Claim
Johnny C Benjamin MD PA Pro Sports & Spine Inc Ramdev MD, Pranay Viva Vero Inc Paul MD, Derek Derek Paul MD PA Mitchell MD, George Gardner ARNP, Jan Indian River Memorial Hospital Inc d/b/a Indian River Med Ct
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
No Payment Made
Court Decision			Other
Other			Dismissal
Arbitration
Claim not subject to Arbitration.
Date of Payment

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Indemnity Paid by Insurer on behalf of Insured

Loss Adjust Expense Paid to Defense Counsel

$65,687

All Other Loss Adjustment Expense Paid

$26,301

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

N/A

Updates

Date of Change:

1/28/2016 9:56:01 AM

Reason for Change:

ALE UPDATE 1/28/2016

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	25787	26301

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Frequently Asked Questions

Does Dr. JOHNNY C BENJAMIN, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. JOHNNY C BENJAMIN, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases