Dr. LUIS B EIBER, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. LUIS B EIBER, MD

7150 W. 20th Ave.

Hialeah, FL

33016

Dade

Court Case # 03-028404CA-11

Indemnity Paid: $212,500.00

Medical Malpractice Closed Claims Report

Department File Number :	M200536754
Claim Number :	7766-01
Date Submitted :	9/23/2005

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	Luis		B	Eiber
Insurer Type		Street Address of Practice
Licensed		7150 W. 20th Ave.
City		State	Zip Code	County
Hialeah		FL	33016	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1-6422		$250,000		$750,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO1534

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
HIALEAH HOSPITAL		100053
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
12/12/2001		6/30/2003

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Hallux valgus, right foot; hammertoe, 5th digit, right foot
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Keller bunionectromy, right foot; arthroplasty of proximal IPJ, 5th toe, right foot
Diagnostic Code :		735.0
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient's post-op care seemed to progress without any significant problems until approx. 2 mos. later when she presented with a suspected fracture of the tibial sesamoid.Although she was instructed to return for follow-up treatment, she sought treatment elsewhere.Injuries alleged are continued pain and loss of motion.Patient alleges improper treatment.
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs.Includes non-disabling injuries.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
11/28/2003			03-028404CA-11
County Suit Filed in			Date of Final Disposition
Dade			9/1/2005
Other Defendants Involved in this Claim
Luis Eiber, DPM, 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 Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment
9/8/2005

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$212,500

Loss Adjust Expense Paid to Defense Counsel

$77,784

All Other Loss Adjustment Expense Paid

$21,692

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

Updates

No updates found.

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

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Court Case # 10-60483CA02

Indemnity Paid: $100,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201262874
Claim Number :	14827-01
Date Submitted :	2/10/2012

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	Luis		B	Eiber
Insurer Type		Street Address of Practice
Licensed		4410 W. 16th Ave.
City		State	Zip Code	County
Hialeah		FL	33012	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD00009408		$250,000		$750,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO1534

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
Other Outpatient Facility		Miami Lakes Surgery Center
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
7/27/2009		4/22/2010

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Extensor digitorum longus tendon contracture, right; dystrophic toenail with excessive skin to the lateral aspect of great toe, right
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Extensor tendon repair, right; wide excision of skin of nail fold of great toe, right
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient had been previously seen by insured for treatment of a right, ingrown toenail, which had been surgically treated and healed uneventfully.The nail problem developed again and, on 07-21-09, the diagnosis was made of the recurrence and tendon contractures of the same toe.Surgery was scheduled for 07-27-09, and a Rx for antibiotics given to begin that day.By 08-03-09, the toe was looking infected.Sutures were removed and a culture taken.Based upon the results of the culture, the antibiotic was changed and, by the final visit of 8-12-09, it is documented the toe was looking better.The patient was then seen at Miami ChildrenÂ¿s Hospital.An MRI was taken which was read as being consistent with osteomyelitis.The patient was admitted to the hospital for antibiotics and surgery.Interestingly, it does not appear that any surgery was performed on the bone.Rather, the surgeon documented the presence of an ingrown toenail, in the same location as treated by insured, and only removed that during surgery. Cultures taken in the hospital grew only skin flora resistant to Clindamycin yet the patient was treated with that antibiotic anyway.No bone culture or biopsy was ever taken.The patient went on to heal uneventfully.Plaintiff alleges insured failed to diagnose the infection.Our expert stated infection is a known complication of surgery and this was covered in a consent form.Patient developed an infection which was then treated appropriately by insured with removal of sutures, drainage of the area and proper antibiotics.When cultures showed an organism resistant to Clindamycin the patient was appropriately placed on Levaquin.
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 Suit			Circuit Court Case Number
11/19/2010			10-60483CA02
County Suit Filed in			Date of Final Disposition
Dade			1/26/2012
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
1/31/2012

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

$20,364

All Other Loss Adjustment Expense Paid

$6,883

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$55,077	$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. LUIS B EIBER, MD have any medical malpractice cases, lawsuits, or complaints?

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