Dr. KATHRYN HURVITZ, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. KATHRYN HURVITZ, MD

5731 Bee Ridge Rd.

Sarasota, FL

34233

Sarasota

Court Case # 2009CA16214NC

Indemnity Paid: $25,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201262952
Claim Number :	FL-EPS-06E
Date Submitted :	2/23/2012

Insurer Information

Insurer Name				Coverage Type
APPLIED MEDICO-LEGAL SOLUTIONS RISK RETENTION GROUP, INC.				Primary
Insurer FEIN		Professional License Number
81-0603029
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Cindy			Black
Street Address
12700 Park Central Drive, Suite 900
City				State	Zip
Dallas				TX	75251
Phone	Ext	Fax	E-Mail Address
(866) 520 - 6896		(972) 739 - 2631	cblack@bpmp.com

Insured Information

Type	First Name		MI	Last Name
Individual	Kathryn			Hurvitz
Insurer Type		Street Address of Practice
Licensed		5731 Bee Ridge Rd.
City		State	Zip Code	County
Sarasota		FL	34233	Sarasota
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
G-AMS-115097		$500,000		$1,500,000
Profession or Business			Other Profession or Business
Physician Assistant
License Number		Specialty Code & Classification		Certification Number
PA9101560		Additional Charges:Employed Physicians or Surgeons Assistants

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
Emergency Room
Name of Institution		Code
SARASOTA MEMORIAL HOSPITAL		100087
Location of Institutional Injury		Other Location of Institutional Injury
Critical Care Unit
Date of Occurrence		Date Reported to Insurer
1/8/2008		4/21/2009

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient presented to hospital ED complaining fever, nausea, vomiting headaches & diarrhea over past 4 days.Patient seen & treated by insured PA, who noted history of CrohnÂ¿s disease, cholecystecomy 1 yr prior, aortic valve repair w/bovine valve, & a stent w/cabg in left anterior decending artery 6 yrs prior.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
PA performed physical exam, noting temporal membranes were slightly pink & some sign of thrush in mouth, but remainder of head exam was normal. Pt reported some pain in her right leg. PA ordered CBC, CMP, sedimentation rate, blood cultures, flu swab & right leg ultrasound for DVT. PA also ordered bolus of IV fluid, Phenergan & Motrin. Blood work was within normal limits. Basic metabolic profile showed some abnormalities consistent w/several days of vomiting & diarrhea. Sedimentation rate was 68 on scale of 0-30 mm/hr. Ultrasound was negative for DVT & nasal swab for flu was negative. Pt diagnosted w/viral syndrome, oral thrush & right leg pain. Patient given prescription for Phenergan & Nystatin for thrush. Patient told to take alternating doses of Motrin & Tylenol for fever control & to return to ER if unable to control fevers.Pt was instructed to see a local primary physician
Diagnostic Code :		101
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Patient returned to ED 2 days later complaining of continued flu-like systoms, body aches, fever, nausea, vomiting, headaches, diarrhea. Pt was kept in Ed for 10 hrs so vital signs could be monitored for trending purposes. Pt was kept in Ed for 10 hrs so vital signs could be monitored for trending purposes. Her temperature increased & blood pressure became borderline hypotensive. Pt given additional IV fluids & more Tylenol.Admission recommended but pt refused. Pt was discharged w/general diagnosis of fever & given prescription of Antibiotics and Reglan, was told to increase her fluid intake & take Tylenol for fever, see a local primary physician & return to ED if symptoms became worse. 2 days later patient was taken via EMS to another hospital: husband found her in bathroom where she had fallen off the toilet. Her left arm was seizing & she had slurred speech. Initial impression was Â¿cerebral hypoperfusion rather than a clot within the basilar artery.Â¿ She was admitted to ICU & infectious disease consult suggested possibility of endocarditis. Echocardiogram performed several hrs after arrival was abnormal & vegetation on the bovine valve could not be excluded. Patient continued to decline through the day. An ABG showed severe metabolic acidosis.Patient ultimately had an abrupt seizure & then vent into ventricular fibrillation, then asystole. Patient could not be revived.
Principal Injury Giving Rise To The Claim
Death Certificate stated cause of death was ventricular fibrillation due to basilar artery CVA. Post-mortem lists primary anatomic findings as (1) prosthetic aortic valve with vegetations and clot, (2) microemboli to cerebellum & possibly other areas of central nervous system, (3) atherosclerotic cardiovascular disease of the basilar artery system.Plaintiff alleged insured PA failed to recognize the signs & symptoms of endocarditis which resulted in patientÂ¿s death.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
6/8/2009			2009CA16214NC
County Suit Filed in			Date of Final Disposition
Sarasota			2/15/2012
Other Defendants Involved in this Claim
Doctors Hospital of Sarasota Mead, Robert Lemon-Steiner, Linda Federer, Deborah
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
1/22/2012

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$25,000

Loss Adjust Expense Paid to Defense Counsel

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

Well-credentialed experts opined that insured physician's care of patient met the standard of care & no act, error or omission caused or contributed to patient's injuries. Settlement of claim was a business decision to avoid expense of a lengthy trial.

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Frequently Asked Questions

Does Dr. KATHRYN HURVITZ, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. KATHRYN HURVITZ, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).