Medical Malpractice Cases

Dr. Manuel E Babaian Medical Malpractice Cases

Court Case # 07-33038 08

Indemnity Paid: $95,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201161804
Claim Number :FL-BAB-01
Date Submitted :10/6/2011
 
Insurer Information
 
Insurer NameCoverage Type
APPLIED MEDICO-LEGAL SOLUTIONS RISK RETENTION GROUP, INC.Primary
Insurer FEINProfessional License Number
81-0603029 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualCindy Black
Street Address
9330 Amberton Pkwy.#2300
CityStateZip
DallasTX75243
PhoneExtFaxE-Mail Address
(469) 330 - 6355 (972) 739 - 2631cblack@bpmp.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualManuelEBabaian
Insurer TypeStreet Address of Practice
Licensed550 SW 3rd St.Suite 206
CityStateZip CodeCounty
Pompano BeachFL33060Broward
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
I-AMS-108148$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME73318Gastroenterology - No Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MBroward
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
IMPERIAL POINT MEDICAL CENTER100200
Location of Institutional InjuryOther Location of Institutional Injury
Special Procedure Room 
Date of OccurrenceDate Reported to Insurer
9/9/20045/9/2007
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
49 y/o man w/history oflaparoscopic cholecystectomy 7 days earlier presented to co-defendant physician for follow-up, as he suspected retained gallstones for which he believed an ERCP was needed. Pt instructed to return to ED & was admitted.Insured physician evaluated pt for abnormal liver function tests & abdominal pain. Non-invasive MRCP was performed which showed dilation of right hepatic ducts; right hepatic duce obstruction from a space occupying structure or extrinsic pressure & clinical correlation was suggested of further evaluation with ERCP. It was determined that a ERCP would take place as soon as the pancreatitis resolved in order to evaluate the common bile duct and to remove any/all stones from the duct.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Insured Physician performed ERCP to access the bile duct and remove gall stones, but he could not cannulate the bile duct after multiple attempts for over one hour.Physician ordered a CT of the abdomen & pelvis. Results of CT were (1) dilated segmental right hepatic bile ducts and probable post-surgical changes in the gallbladder fossa, (2) non-specific 2.0 cm lymph node anterior to the IVC near the porta hepatic. Insured physician was not notified of the results; report does not reflect it was copied to any physician outside the hospital.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Pt was discharged by attending physician (not insured physician) with final diagnosis of acute pancreatitis, common bile duct stone suspected.
Principal Injury Giving Rise To The Claim
Plaintiff alleges insured physician failed to follow up on the results of the abdominal & pelvic CT and failed to diagnose cholangiocarcinoma, resulting in patient¿s death approx 15 months later.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
11/30/200707-33038 08
County Suit Filed inDate of Final Disposition
Broward9/6/2011
Other Defendants Involved in this Claim
Silverstein, DO, Stephen
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
9/6/2011
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$95,000
Loss Adjust Expense Paid to Defense Counsel$140,149
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 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
Claim settled to avoid lengthy trial, no admission of guilt. Experts agree that Mr. Williams likely already had bile duct cancer in 2004 and was not salvageable.Usually death occurs within 1 one year of diagnosis.
 
Updates
 
No updates found.

 

 

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