Medical Malpractice Cases

Dr. Kenneth J Adcook Medical Malpractice Cases

Court Case # 2005-10446-GIDL

Indemnity Paid: $255,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200535159
Claim Number :001
Date Submitted :5/10/2005
 
Insurer Information
 
Insurer NameCoverage Type
Linville, Adcook & Dexter, M.D., P.A.Primary
Insurer FEINProfessional License Number
59-1229900ME21202
Insurer Contact Information
TypeFirst NameMILast Name
IndividualTeddiBDovan
Street Address
1555 Saxon Boulevard
CityStateZip
DeltonaFL32725
PhoneExtFaxE-Mail Address
(386) 574 - 5748 (386) 574 - 0712teddilad@yahoo.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualKennethJAdcook
Insurer TypeStreet Address of Practice
Self-Insurer1565 Saxon Boulevard, Suite 101
CityStateZip CodeCounty
DeltonaFL32725Volusia
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
001$9,999,999$9,999,999
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME21202Radiology - Diagnostic - No Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FVolusia
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
OtherFailure to Diagnose (no institution)
Date of OccurrenceDate Reported to Insurer
8/15/200212/18/2004
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Intraductal carcinoma, right breast.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Patient alleged failure to diagnose Intraductal carcinoma of theright breast at the time of mammograms performed on August 15, 2002 and October 21, 2003.
Diagnostic Code :239.3
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to diagnose.
Principal Injury Giving Rise To The Claim
Patient alleged failure to diagnose Intraductal carcinoma of theright breast at the time of mammograms performed on August 15, 2002 and October 21, 2003. Patient had modified radical mastectomy, chemotherapy and radiation as treatment.Patient gave conflicting account of whether medical treatment would have differed if discovery earlier, but notice of intent alleged care would have been the same.Patient alleged reduced chance of long-term survival and increased chance of recurrence.
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
4/13/20052005-10446-GIDL
County Suit Filed inDate of Final Disposition
Volusia5/10/2005
Other Defendants Involved in this Claim
 
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim subject to arbitration, but settlement reached in lieu of award.
Date of Payment
4/29/2005
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$255,000
Loss Adjust Expense Paid to Defense Counsel$0
All Other Loss Adjustment Expense Paid$0
Injured Person's Total Non-Economic Loss$255,000
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
As to Loss Adjustment Expense Paid to Defense County (above), the practice had insurance providing for defense costs and fees only, no indemnity coverage.As a result, the group paid this settlement from the group's funds, but the $10,056.11 in fees and costs were paid by Gulf Atlantic Legal Defense Insurance Company.As to Safety Management Steps Taken, Dr. Adcook has taken a mammography course for 15 CME units, in March 2005, in Charleston, South Carolina, by Marc Homer, M.D. and completed in the last 30 days a 2-hour patient safety course for radiologists. Additionally, the practice has recently obtained and implemented a computerized assisted detection (CAD) program to supplement their human review of mammograms.
 
Updates
 
No updates found.

 

 

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