Medical Malpractice Cases

Dr. Kevin Berkowitz Medical Malpractice Cases

Court Case # 201316989CA01

Indemnity Paid: $225,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201367664
Claim Number :18481-01
Date Submitted :7/12/2013
 
Insurer Information
 
Insurer NameCoverage Type
PODIATRY INSURANCE COMPANY OF AMERICAPrimary
Insurer FEINProfessional License Number
58-1403235 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualKaren Kessler
Street Address
3000 Meridian Blvd., Suite 400
CityStateZip
FranklinTN37067
PhoneExtFaxE-Mail Address
(615) 371 - 87762249 kkessler@picagroup.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualKevin Berkowitz
Insurer TypeStreet Address of Practice
Licensed4308 Alton Rd.
CityStateZip CodeCounty
Miami BeachFL33140Dade
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
1PD0013480$250,000$750,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO2772  

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FDade
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Outpatient Facility 
Name of InstitutionCode
MOUNT SINAI MEDICAL CENTER100034
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
5/12/20119/17/2012
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Posterior tibial and Achilles tendonitis; neuromas; bunions; hammertoes
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
03-14-11 - Flexor tenotomy of toes 2-4, left, with release of deep IM ligament of 3rd ISMay 2011 ¿ Modified McBride bunionectomy; arthroplasty of lesser toes; MPJ capsulotomies bilaterally; excision of neuroma from left, 3rd IS; lengthening of extensor tendons of lesser toes
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient presented to the insured on 2/12/10 with a variety of complaints involving each foot and leg.Patient underwent nerve conduction studies and vascular studies that same week.Subsequent x-rays and ultrasound studies were also performed.Beginning on 3/19/10, the patient complained of pain at the 1st MPJ of each foot.At different intervals, she was diagnosed with posterior tibial and Achilles tendonitis, a variety of nerve issues, including neuromas, bunions, and hammertoes.Over the course of the next few months the patient underwent multiple alcohol injections for neuromas, ultrasound evaluations, and a variety of supports and braces were provided. Surgery was subsequently performed on 3/14/11 and again in mid-May 2011.Following surgery, patient experienced several problems with ¿abscess¿ and healing of one incision on each foot.A wound closure was performed on 6/27/11, and she did not return until 8/29/11, at which time all wounds were closed.She complained of stiffness and swelling in her toes, Achilles pain in the heels and pain and burning in her ankles.Physical therapy was recommended, but she did not want to pay the co-pay.Patient claims the surgeries have left her disabled and disfigured and that the surgeries were improperly performed.
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
5/19/2013201316989CA01
County Suit Filed inDate of Final Disposition
Dade6/12/2013
Other Defendants Involved in this Claim
Foot & Ankle Specialists of Miami Beach
Mount Sinai Medical Center of Florida, Inc.
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 not subject to Arbitration.
Date of Payment
6/18/2013
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$225,000
Loss Adjust Expense Paid to Defense Counsel$23,083
All Other Loss Adjustment Expense Paid$2,453
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$200,000$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 # 08-63053-CA-02

Indemnity Paid: $100,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201057489
Claim Number :12721-01
Date Submitted :6/1/2010
 
Insurer Information
 
Insurer NameCoverage Type
PODIATRY INSURANCE COMPANY OF AMERICAPrimary
Insurer FEINProfessional License Number
58-1403235 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualKaren Kessler
Street Address
3000 Meridian Blvd., Suite 400
CityStateZip
FranklinTN37067
PhoneExtFaxE-Mail Address
(615) 371 - 87762249 kkessler@picagroup.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualKevin Berkowitz
Insurer TypeStreet Address of Practice
Licensed4308 Alton Rd.
CityStateZip CodeCounty
Miami BeachFL33140Dade
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
1PD0013480$250,000$750,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO2772  

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FDade
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Outpatient Facility 
Name of InstitutionCode
MOUNT SINAI MEDICAL CENTER100034
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
9/28/20063/20/2008
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Hallux valgus deformity, right foot
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Kalish bunionectomy with internal fixation; extensor hallucis longus lengthening, right foot
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Approximately two months following the bunion surgery, insured noted there was limited dorsiflexion of the hallux.Physical therapy was prescribed but, over time, patient failed to develop active dorsiflexion of the toe.There was also a problem with numbness around the hallux as well. Ultimately, on 02-12-07, insured noted the lack of dorsiflexion of the right hallux was secondary to a possible extensor hallucis longus tendon tear.Surgical intervention was recommended but declined by the patient.Patient subsequently sought second opinions with two other doctors.Patient claims she suffered a ruptured or non-functioning hallucis longus tendon and alleges insured damaged the tendon during surgery.Our expert stated the tendon could have been easily repaired if the patient had simply agreed to surgery.He further stated there is no deviation here, but a complication that was recognized by the insured and appropriate care measures were recommended.
Severity Of Injury
Temporary: Major - Burns, surgical material left, drug side effect, brain damage.Recovery delayed.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
10/17/200808-63053-CA-02
County Suit Filed inDate of Final Disposition
Dade5/6/2010
Other Defendants Involved in this Claim
Foot & Ankle Specialists of Miami Beach, P.A.
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
5/13/2010
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$100,000
Loss Adjust Expense Paid to Defense Counsel$42,679
All Other Loss Adjustment Expense Paid$8,609
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$10,000$12,000
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.

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