Medical Malpractice Cases

Dr. Kurt R Mayberry Medical Malpractice Cases

Court Case # CI-01MP2238

Indemnity Paid: $1,117,665.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200642073
Claim Number :119953
Date Submitted :8/12/2009
 
Insurer Information
 
Insurer NameCoverage Type
PROASSURANCE CASUALTY COMPANYPrimary
Insurer FEINProfessional License Number
38-2317569 
Insurer Contact Information
TypeEntity Name
EntityProAssurance Indemnity Company, Inc.
Street Address
13919 Carrollwood Village Run
CityStateZip
TampaFL33618-2746
PhoneExtFaxE-Mail Address
(813) 969 - 2010 (813) 969 - 2120SNorris@ProAssurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualKurtRMayberry
Insurer TypeStreet Address of Practice
Licensed1343 MORNINGSIDE DR
CityStateZip CodeCounty
REXBURGID83440-5081Out of state
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PNFL-3003709-00$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME78411Emergency Medicine - No Major Surgery00000

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FOsceola
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
FLORIDA HOSPITAL-CELEBRATION HEALTH23960017
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
11/12/19998/1/2001
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Abdominal pain.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Exam, CBC, abdominal ultrasound and abdoominal X-ray performed indicated an ovarian cyst and ileum.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis.
Principal Injury Giving Rise To The Claim
Plaintiff suffered a ruptured appendix which was diagnosed ten days later.
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
12/20/2002CI-01MP2238
County Suit Filed inDate of Final Disposition
Osceola8/15/2006
Other Defendants Involved in this Claim
Cortes-Belen, Ernesto
Florida Emergency Physicians Kang & Associates, M.D., P.A.
Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital
Stage of Legal System at which Settlement was Reached or Award Made
After notice of appeal is filed or post judgment relief of action is required for recovery.
Final Method of Claim Disposition
Disposed of by Court
Court DecisionOther
Judgment for the plaintiff. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
4/23/2008
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,117,665
Loss Adjust Expense Paid to Defense Counsel$109,315
All Other Loss Adjustment Expense Paid$59,041
Injured Person's Total Non-Economic Loss$1,117,665
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
Insured has discussed case with insurance company personnel, medical experts and defense counsel.
 
Updates
 
 
Date of Change:4/28/2008 10:25:09 AM
Reason for Change:Updated to reflect indmenity payment, as well as additional legal fees and costs paid.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid2456861867
Indemnity Paid01117665
Injured Person Total Non-Economic Loss01117665
Settlement Reached01
Amount of Loss Adjustment Expense Paid to Defense Counsel49157105530
Legal System StageAfter court verdict and prior to filing of notice of appeal.After notice of appeal is filed or post judgment relief of action is required for recovery.
Court DecisionJudgment for the defendant.Judgment for the plaintiff.
 
Date of Change:8/12/2009 11:20:32 AM
Reason for Change:Report updated to reflect additional legal fees paid, and reimbursement of costs.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid6186759041
Amount of Loss Adjustment Expense Paid to Defense Counsel105530109315

 

 

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Court Case # 02-CA-9814

Indemnity Paid: $300,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200433150
Claim Number :FEP-02-0009
Date Submitted :10/12/2004
 
Insurer Information
 
Insurer NameCoverage Type
EVEREST INDEMNITY INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
22-3520347 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualNancy  Thomas
Street Address
2000 West Sam Houston Parkway South, 19th Floor; One Briarlake Plaza
CityStateZip
HoustonTX77042-361
PhoneExtFaxE-Mail Address
(713) 935 - 8868 (713) 461 - 8130nancy_thomas@ajg.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualKurtRMayberry
Insurer TypeStreet Address of Practice
Licensed1051 Winderley Place, Suite 103
CityStateZip CodeCounty
MaitlandFL32751Orange
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
4700000006-021$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME78411Emergency Medicine - No Major Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FOrange
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
FLORIDA HOSPITAL-CELEBRATION HEALTH23960017
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
1/7/20016/7/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Pregnant female presented with complaints of abdominal pain
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged failure to diagnose acute cholecystitis and gallstone pancreatitis resulting in delivery of baby via C-section.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
N/A
Principal Injury Giving Rise To The Claim
Death
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
10/16/200202-CA-9814
County Suit Filed inDate of Final Disposition
Orange10/5/2004
Other Defendants Involved in this Claim
Zittel, Gregory A
Physician Associates of Florida, PA
Florida Emergency Physicians Kang & Assoc.
Florida Hospital - Celebration
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
3/22/2004
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$300,000
Loss Adjust Expense Paid to Defense Counsel$70,899
All Other Loss Adjustment Expense Paid$30,505
Injured Person's Total Non-Economic Loss$0
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
Unknown
 
Updates
 
No updates found.

 

 

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