Dr. KEITH B KASHUK, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. KEITH B KASHUK, MD

6350 Sunset Dr.

South Miami, FL

33143

Dade

Court Case # 05-023043-CA-31

Indemnity Paid: $700,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200746755
Claim Number :	9893-01
Date Submitted :	8/30/2007

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	Karen			Kessler
Street Address
110 Westwood Place
City				State	Zip
Brentwood				TN	37027
Phone	Ext	Fax	E-Mail Address
(615) 371 - 8776	2249		kkessler@picagroup.com

Insured Information

Type	First Name		MI	Last Name
Individual	Keith		B	Kashuk
Insurer Type		Street Address of Practice
Licensed		6350 Sunset Dr.
City		State	Zip Code	County
South Miami		FL	33143	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0010618		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO486

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Outpatient Facility
Name of Institution		Code
SOUTH MIAMI HOSPITAL		100154
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
4/22/2003		4/5/2007

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Hallux valgus with metatarsus primus adductus, bilateral; rheumatoid arthritis with forefoot derangement, bilateral
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
First MPJ arthrodesis, bilateral; MPJ arthroplasty metatarsals 2-4, bilaterally, and 5th met, right foot
Diagnostic Code :		735.0
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Surgery had been scheduled and postponed because patient developed ulcers of her right foot; however, one of the ulcers did not resolve, and patient was advised this wound not likely heal without some type of surgery.Once clearance was obtained from patient's PCP, the surgery was performed; however, patient underwent a protracted course of treatment and problems associated with wounds involving the right foot.Patient eventually left insured's care; however, she continued to have recurrent infections requiring multiple hospital admissions and prolonged IV antibiotic therapy.Patient subsequently passed away almost two years later on August 18, 2005, due to multiple medical problems.Allegation is that the procedure was contraindicated due to infection.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
11/10/2005			05-023043-CA-31
County Suit Filed in			Date of Final Disposition
Dade			8/21/2007
Other Defendants Involved in this Claim
Keith B. Kashuk, DPM, P.A. South Miami Foot Health Center Saavedra, M.D., Diego
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
8/23/2007

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$700,000

Loss Adjust Expense Paid to Defense Counsel

$77,190

All Other Loss Adjustment Expense Paid

$19,049

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

None - Specialty code #80993

Updates

No updates found.

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

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Court Case # 08-43257CA22

Indemnity Paid: $25,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200955654
Claim Number :	12886-01
Date Submitted :	12/3/2009

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	Karen			Kessler
Street Address
3000 Meridian Blvd., Suite 400
City				State	Zip
Franklin				TN	37067
Phone	Ext	Fax	E-Mail Address
(615) 371 - 8776	2249		kkessler@picagroup.com

Insured Information

Type	First Name		MI	Last Name
Individual	Keith		B	Kashuk
Insurer Type		Street Address of Practice
Licensed		6350 Sunset Dr.
City		State	Zip Code	County
South Miami		FL	33143	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0010618		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO486

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	Dade
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
3/18/2005		4/29/2008

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
MortonÂ¿s neuroma, 2nd IMS, left foot; possible stump neuroma, left, 3rd IMS
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Conservative treatment Â¿ metatarsal pads and injections
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient was treated conservatively, without significant relief, and was subsequently taken to surgery; however, according to the Complaint, the surgery is not at issue in this matter.Patient claims continued pain and alleges that too many injections were given that resulted in plantar fat pad atrophy.Patient subsequently began treating with another doctor and underwent another neuroma excision surgery.Patient claims this doctor told him that fat pad atrophy had been caused by the injections given by insured; however, the doctorÂ¿s note from April 26, 2007, specifically read that there were no gross fat pad changes present.Indeed, the first positive finding pertaining to fat pad atrophy was well over one year after patient left insuredÂ¿s care and almost 20 months after he gave the last injection.
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
7/28/2008			08-43257CA22
County Suit Filed in			Date of Final Disposition
Dade			11/18/2009
Other Defendants Involved in this Claim
South Miami Foot Health Center, LLC
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
11/19/2009

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

$29,627

All Other Loss Adjustment Expense Paid

$2,646

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

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.

Frequently Asked Questions

Does Dr. KEITH B KASHUK, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. KEITH B KASHUK, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).