Medical Malpractice Cases

Dr. Luciano A Martinez Medical Malpractice Cases

Court Case # 05-07198

Indemnity Paid: $15,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200849368
Claim Number :133484
Date Submitted :8/17/2009
 
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
IndividualLucianoAMartinez
Insurer TypeStreet Address of Practice
Licensed4129 North Armenia Avenue
CityStateZip CodeCounty
TampaFL33607Hillsborough
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
MP40379$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME32863Surgery - Obstetrics - Gynecology00000

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MHillsborough
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
SAINT JOSEPH'S HOSPITAL100075
Location of Institutional InjuryOther Location of Institutional Injury
Labor and Delivery Room 
Date of OccurrenceDate Reported to Insurer
9/7/200310/1/2004
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Termination of pregnancy.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged delayed cesarean section.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged fetal distress.
Principal Injury Giving Rise To The Claim
Neurological damage to infant.
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
8/16/200505-07198
County Suit Filed inDate of Final Disposition
Hillsborough2/14/2008
Other Defendants Involved in this Claim
Leon & Martinez, M.D.'s, P.A.
St. Joseph's Hospital, Inc. d/b/a St. Joseph's Women's Hosp
Stage of Legal System at which Settlement was Reached or Award Made
During appeal.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
Judgment for the plaintiff. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
4/1/2008
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$15,000,000
Loss Adjust Expense Paid to Defense Counsel$279,296
All Other Loss Adjustment Expense Paid$171,356
Injured Person's Total Non-Economic Loss$15,000,000
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
Insured has discussed case with insurance company personnel, medical experts and defense counsel.
 
Updates
 
 
Date of Change:6/20/2008 12:26:17 PM
Reason for Change:Report updated to reflect additional legal fees and expenses paid.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid162250168345
Amount of Loss Adjustment Expense Paid to Defense Counsel272927275271
 
Date of Change:8/17/2009 9:34:20 AM
Reason for Change:Report updated to reflect additional legal fees and expenses paid.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid168345171356
Amount of Loss Adjustment Expense Paid to Defense Counsel275271279296

 

 

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Court Case #

Indemnity Paid: $250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201575393
Claim Number : 2008-09-202-010
Date Submitted : 7/30/2015
 
Insurer Information
 
Insurer Name Coverage Type
Lexington insurance Company Primary
Insurer FEIN Professional License Number
25-114949  
Insurer Contact Information
Type First Name MI Last Name
Individual Amy A Villareal
Street Address
16255 Bay Vista Drive
City State Zip
Tampa FL 33760
Phone Ext Fax E-Mail Address
(727) 519 - 1274     amy.villareal@baycare.org
 
Insured Information
 
Type First Name MI Last Name
Individual Luciano   Martinez
Insurer Type Street Address of Practice
Self-Insurer 2727 W. Dr. MLK Jr. Blvd.
City State Zip Code County
Tampa FL 33706 Hillsborough
Policy Number Per Claim Policy Limits Aggregate Policy Limits
805-5836 $250,000 $750,000
Profession or Business Other Profession or Business
Medical Doctor  
License Number Specialty Code & Classification Certification Number
ME32863 Surgery - Obstetrics - Gynecology  

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First Name MI Last Name Date of Birth
       
Street Address Gender County where Injury Occurred
  F Hillsborough
City State Zip Code
     
Location where injury occured Other location where injury occured
Hospital Inpatient Facility  
Name of Institution Code
SAINT JOSEPH'S HOSPITAL 100075
Location of Institutional Injury Other Location of Institutional Injury
Patients' Room  
Date of Occurrence Date Reported to Insurer
12/22/2008 12/24/2008
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Delivery of full term infant
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged failure to perform C-section, manage pre delivery diabetes, resulting in shoulder injury at delivery
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Brachial plexus injury
Severity Of Injury
Temporary: Major - Burns, surgical material left, drug side effect, brain damage. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of Suit Circuit Court Case Number
  *NR
County Suit Filed in Date of Final Disposition
*NR 6/23/2015
Other Defendants Involved in this Claim
 
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
6/23/2015
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff? Yes
Indemnity Paid by Insurer on behalf of Insured $250,000
Loss Adjust Expense Paid to Defense Counsel $144,682
All Other Loss Adjustment Expense Paid $0
Injured Person's Total Non-Economic Loss $0
Deductible $0
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
Any risk issues have been/will be addressed.
 
Updates
 
No updates found.

 

 

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

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Court Case # 04-00103

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200537824
Claim Number :124216
Date Submitted :4/9/2009
 
Insurer Information
 
Insurer NameCoverage Type
PROASSURANCE CASUALTY COMPANYPrimary
Insurer FEINProfessional License Number
38-2317569 
Insurer Contact Information
TypeEntity Name
EntityProNational Insurance Company
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
IndividualLucianoAMartinez
Insurer TypeStreet Address of Practice
Licensed4129 N ARMENIA AVE
CityStateZip CodeCounty
TAMPAFL33607-6436Hillsborough
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
MP40379$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME32863Surgery - Obstetrics - Gynecology00000

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FHillsborough
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilityTampa Outpatient Surgical Facility, Inc.
Name of InstitutionCode
N/A000000
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
7/9/20037/10/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Fertility.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Tubal ligation.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis.
Principal Injury Giving Rise To The Claim
During laproscopic tubal ligation, there was an injury to the iliac artery and vein which resulted in the patient's death.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
1/21/200404-00103
County Suit Filed inDate of Final Disposition
Hillsborough10/5/2005
Other Defendants Involved in this Claim
Leon & Martinez, M.D.s, P.A.
Tampa Outpatient Surgical Facility, Inc.
Robinson, Frederick M
North Pinellas Anesthesia Associates, 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
10/24/2005
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$250,000
Loss Adjust Expense Paid to Defense Counsel$31,314
All Other Loss Adjustment Expense Paid$24,698
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
Insured has discussed case with insurance company personnel, medical experts and defense counsel.
 
Updates
 
 
Date of Change:4/9/2009 9:33:26 AM
Reason for Change:Report updated to reflect additional legal fees and expenses paid.
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel3068831314
All Other Loss Adjustment Expense Paid2458924698

 

 

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