Department File Number : | M201886949 |
Claim Number : | 7030034919 |
Date Submitted : | 11/8/2018 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
LANDMARK AMERICAN INSURANCE COMPANY | Primary | ||||
Insurer FEIN | Professional License Number | ||||
73-0994137 | |||||
Insurer Contact Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Jim | Dapolite | |||
Street Address | |||||
945 East Paces Ferry Rd, Suite 1800 | |||||
City | State | Zip | |||
Atlanta | GA | 30326 | |||
Phone | Ext | Fax | E-Mail Address | ||
(404) 682 - 7683 | (404) 262 - 4437 | jdapolite@rsui.com |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Manuel | M | Fiesta | ||
Insurer Type | Street Address of Practice | ||||
Licensed | 919 Brookwood Dr | ||||
City | State | Zip Code | County | ||
Lakeland | FL | 33813 | Polk | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
LHM720867 | $1,000,000 | $3,000,000 | |||
Profession or Business | Other Profession or Business | ||||
Medical Doctor | |||||
License Number | Specialty Code & Classification | Certification Number | |||
ME20650 | Surgery - Obstetrics - Gynecology |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
M | Polk | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Hospital Inpatient Facility | |||||
Name of Institution | Code | ||||
Lakeland Regional Medical Center | 100157 | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Labor and Delivery Room | |||||
Date of Occurrence | Date Reported to Insurer | ||||
12/27/2008 | 1/20/2010 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
This claim relates to a minor who was diagnosed with hypoxic ischemic encephalopathy as a result of the lack of oxygen to his brain and spinal cord during his birth. While Dr. Fiesta is a board certified OB/GYN, he is retired and was working at this hospital as a surgical tech. Dr. Fiesta had no privileges at this hospital and never treated the mother. He never touched the child either but retracted the mother's skin in prep for delivery. There were complications related to the actual delivery and Dr. Fiesta was named in the suit. | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
Dr. Fiesta retracted the skin of the birthing mother before the C-section took place. He is a retired physician and no longer practices. As a result, he had never previously treated the child's mother nor did he have any interaction or perform any treatment for the child after his birth. | |||||
Diagnostic Code : | |||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
This claim relates to a minor who was diagnosed with hypoxic ischemic encephalopathy as a result of the lack of oxygen to his brain and spinal cord during his birth. While Dr. Fiesta is a board certified OB/GYN, he is retired and was working at this hospital as a surgical tech. Dr. Fiesta had no privileges at this hospital and never treated the mother. He never touched the child either but retracted the mother's skin in prep for delivery. There were complications related to the actual delivery and Dr. Fiesta was named in the suit. | |||||
Principal Injury Giving Rise To The Claim | |||||
This claim relates to a minor who was diagnosed with hypoxic ischemic encephalopathy as a result of the lack of oxygen to his brain and spinal cord during his birth. While Dr. Fiesta is a board certified OB/GYN, he is retired and was working at this hospital as a surgical tech. Dr. Fiesta had no privileges at this hospital and never treated the mother. He never touched the child either but retracted the mother's skin in prep for delivery. There were complications related to the actual delivery and Dr. Fiesta was named in the suit. | |||||
Severity Of Injury | |||||
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
8/2/2010 | 53-2010-CA-006451-WH | ||||
County Suit Filed in | Date of Final Disposition | ||||
Polk | 5/10/2018 | ||||
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 | |||||
7/11/2018 |
Financial Information | |||||||||||||||||||||
Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
Indemnity Paid by Insurer on behalf of Insured | $1,000,000 | ||||||||||||||||||||
Loss Adjust Expense Paid to Defense Counsel | $126,286 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $47,844 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
Deductible | $25,000 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
| |||||||||||||||||||||
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
The physician retired. |
Updates | |
No updates found. |
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Department File Number : | M201886291 |
Claim Number : | 7030061969 |
Date Submitted : | 8/28/2018 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
LANDMARK AMERICAN INSURANCE COMPANY | Primary | ||||
Insurer FEIN | Professional License Number | ||||
73-0994137 | |||||
Insurer Contact Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Jim | Dapolite | |||
Street Address | |||||
945 East Paces Ferry Rd, Suite 1800 | |||||
City | State | Zip | |||
Atlanta | GA | 30326 | |||
Phone | Ext | Fax | E-Mail Address | ||
(404) 682 - 7683 | (404) 262 - 4437 | jdapolite@rsui.com |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Manuel | M | Fiesta | ||
Insurer Type | Street Address of Practice | ||||
Licensed | 919 Brookwood Dr | ||||
City | State | Zip Code | County | ||
Lakeland | FL | 33813 | Polk | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
LHM732684 | $1,000,000 | $3,000,000 | |||
Profession or Business | Other Profession or Business | ||||
Medical Doctor | |||||
License Number | Specialty Code & Classification | Certification Number | |||
ME20650 | Surgery - Obstetrics - Gynecology |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
M | Polk | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Hospital Inpatient Facility | |||||
Name of Institution | Code | ||||
Lakeland Regional Medical Center | 100157 | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Labor and Delivery Room | |||||
Date of Occurrence | Date Reported to Insurer | ||||
5/1/2010 | 1/24/2013 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
A newborn was diagnosed with hypoxic ischemic encephalopathy (brain damage as a result of lack of oxygen) following an emergency Caesarean section birth. The practitioner served as surgical assistant to the physician who performed the Caesarean section. He never treated the mother or the child before or after surgery; his only role was to provide retraction, blood suction, sponging, and cutting sutures during the procedure. The pratitioner was formerly a board-certified OB/GYN, but he was retired and working as a surgical assistant at the time of the surgery. The practitioner was named as a defendant in the suit along with the hospital and multiple doctors who treated the mother prior to the birth. | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
A newborn was diagnosed with hypoxic ischemic encephalopathy (brain damage as a result of lack of oxygen) following an emergency Caesarean section birth. The practitioner served as surgical assistant to the physician who performed the Caesarean section. He never treated the mother or the child before or after surgery; his only role was to provide retraction, blood suction, sponging, and cutting sutures during the procedure. The pratitioner was formerly a board-certified OB/GYN, but he was retired and working as a surgical assistant at the time of the surgery. The practitioner was named as a defendant in the suit along with the hospital and multiple doctors who treated the mother prior to the birth. | |||||
Diagnostic Code : | |||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
A newborn was diagnosed with hypoxic ischemic encephalopathy (brain damage as a result of lack of oxygen) following an emergency Caesarean section birth. The practitioner served as surgical assistant to the physician who performed the Caesarean section. He never treated the mother or the child before or after surgery; his only role was to provide retraction, blood suction, sponging, and cutting sutures during the procedure. The pratitioner was formerly a board-certified OB/GYN, but he was retired and working as a surgical assistant at the time of the surgery. The practitioner was named as a defendant in the suit along with the hospital and multiple doctors who treated the mother prior to the birth. | |||||
Principal Injury Giving Rise To The Claim | |||||
A newborn was diagnosed with hypoxic ischemic encephalopathy (brain damage as a result of lack of oxygen) following an emergency Caesarean section birth. The practitioner served as surgical assistant to the physician who performed the Caesarean section. He never treated the mother or the child before or after surgery; his only role was to provide retraction, blood suction, sponging, and cutting sutures during the procedure. The pratitioner was formerly a board-certified OB/GYN, but he was retired and working as a surgical assistant at the time of the surgery. The practitioner was named as a defendant in the suit along with the hospital and multiple doctors who treated the mother prior to the birth. | |||||
Severity Of Injury | |||||
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
1/17/2013 | 2014-CA-04475 | ||||
County Suit Filed in | Date of Final Disposition | ||||
Polk | 8/8/2018 | ||||
Other Defendants Involved in this Claim | |||||
Stage of Legal System at which Settlement was Reached or Award Made | |||||
During trial, but before court verdict. | |||||
Final Method of Claim Disposition | |||||
Settled by parties | |||||
Court Decision | Other | ||||
No Court Proceedings. | |||||
Arbitration | |||||
Claim not subject to Arbitration. | |||||
Date of Payment | |||||
Financial Information | |||||||||||||||||||||
Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
Indemnity Paid by Insurer on behalf of Insured | $500,000 | ||||||||||||||||||||
Loss Adjust Expense Paid to Defense Counsel | $274,982 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $25,489 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
Deductible | $25,000 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
| |||||||||||||||||||||
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
The physician retired. |
Updates | |
No updates found. |
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Does Dr. MANUEL M FIESTA, MD have any medical malpractice cases, lawsuits, or complaints?
Dr. MANUEL M FIESTA, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).