Dr. JOSE AVILA, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. JOSE AVILA, MD

1700 South Tamiami Trail

Sarasota, FL

34239

Sarasota

Court Case # 30689636

Indemnity Paid: $275,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201679403
Claim Number :	EMC-FL-15-313947
Date Submitted :	8/10/2016

Insurer Information

Insurer Name				Coverage Type
EmCare Holdings, Inc.				Primary
Insurer FEIN		Professional License Number
75-173235		SI
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Kathy		A	Stockton
Street Address
1900 W. LOOP S., STE. 1500
City				State	Zip
Houston				TX	77027
Phone	Ext	Fax	E-Mail Address
(713) 935 - 2404		(713) 461 - 8130	kathy_stockton@westernlitigation.com

Insured Information

Type	First Name		MI	Last Name
Individual	JOSE			AVILA
Insurer Type		Street Address of Practice
Self-Insurer		119 OAKFIELD DRIVE
City		State	Zip Code	County
BRANDON		FL	33511	Hillsborough
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
Emcare 2015-Excess		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME58034		Emergency Medicine - No Major 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	Hillsborough
City			State	Zip Code

Location where injury occured		Other location where injury occured
Emergency Room
Name of Institution		Code
BRANDON REGIONAL HOSPITAL		100243
Location of Institutional Injury		Other Location of Institutional Injury
Other		ER
Date of Occurrence		Date Reported to Insurer
11/19/2012		7/14/2015

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
GRAM-POSITIVE BACTERIA
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
SEEN IN ER
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
FAILURE TO DIAGNOSE
Principal Injury Giving Rise To The Claim
DEATH DUE TO GRAM-POSITIVE BACTERIA
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
8/10/2015			30689636
County Suit Filed in			Date of Final Disposition
Hillsborough			8/10/2016
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 subject to arbitration, but settlement reached in lieu of award.
Date of Payment
7/26/2016

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$275,000

Loss Adjust Expense Paid to Defense Counsel

$25,657

All Other Loss Adjustment Expense Paid

$3,133

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

UNKNOWN

Updates

No updates found.

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Court Case # 2012CA5163NC

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201265615
Claim Number :	42621-02
Date Submitted :	12/21/2012

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	Odessa			Choice
Street Address
1000 Riverside Avenue, Suite 800
City				State	Zip
Jacksonville				FL	32204
Phone	Ext	Fax	E-Mail Address
(800) 741 - 3742	3045	(904) 358 - 6728	odessa.choice@fpic.com

Insured Information

Type	First Name		MI	Last Name
Individual	Jose		A	Avila
Insurer Type		Street Address of Practice
Licensed		1700 South Tamiami Trail
City		State	Zip Code	County
Sarasota		FL	34239	Sarasota
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
105478		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME58034		Emergency Medicine - No Major Surgery		80102

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Patient's Home
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury

Date of Occurrence		Date Reported to Insurer
1/28/2011		1/19/2012

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Dissectic aortic aneurysm.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Failure to timely diagnose a dissecting aortic aneurysm.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Atypical chest pain, suspect secondary to gastroesophageal reflux disease and esophageal spasm.
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
7/9/2012			2012CA5163NC
County Suit Filed in			Date of Final Disposition
Sarasota			12/3/2012
Other Defendants Involved in this Claim
Sarasota Memorail 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
12/3/2012

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

All Other Loss Adjustment Expense Paid

$315

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	$23,500	$0
Other Expenses	$21,000	$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.

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Frequently Asked Questions

Does Dr. JOSE AVILA, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. JOSE AVILA, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases