Medical Malpractice Cases

Dr. MANUEL M FIESTA, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address
Dr. MANUEL M FIESTA, MD
919 Brookwood Dr
US

Court Case # 53-2010-CA-006451-WH

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
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
 
TypeFirst NameMILast Name
IndividualManuelMFiesta
Insurer TypeStreet Address of Practice
Licensed919 Brookwood Dr
CityStateZip CodeCounty
LakelandFL33813Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
LHM720867$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME20650Surgery - Obstetrics - Gynecology 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MPolk
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
Lakeland Regional Medical Center100157
Location of Institutional InjuryOther Location of Institutional Injury
Labor and Delivery Room 
Date of OccurrenceDate Reported to Insurer
12/27/20081/20/2010
 
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.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
8/2/201053-2010-CA-006451-WH
County Suit Filed inDate of Final Disposition
Polk5/10/2018
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 DecisionOther
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
 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
The physician retired.
 
Updates
 
No updates found.

 

 

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Court Case # 2014-CA-04475

Indemnity Paid: $500,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
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
 
TypeFirst NameMILast Name
IndividualManuelMFiesta
Insurer TypeStreet Address of Practice
Licensed919 Brookwood Dr
CityStateZip CodeCounty
LakelandFL33813Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
LHM732684$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME20650Surgery - Obstetrics - Gynecology 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MPolk
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
Lakeland Regional Medical Center100157
Location of Institutional InjuryOther Location of Institutional Injury
Labor and Delivery Room 
Date of OccurrenceDate Reported to Insurer
5/1/20101/24/2013
 
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.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
1/17/20132014-CA-04475
County Suit Filed inDate of Final Disposition
Polk8/8/2018
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 DecisionOther
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
 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
The physician retired.
 
Updates
 
No updates found.

 

 

This page is not displaying certain sensitive information.

Frequently Asked Questions

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).

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