| Department File Number : | M202091029 |
| Claim Number : | 167129 |
| Date Submitted : | 1/9/2020 |
| Insurer Information | |||||
| Insurer Name | Coverage Type | ||||
| NORCAL MUTUAL INSURANCE COMPANY | Primary | ||||
| Insurer FEIN | Professional License Number | ||||
| 94-2301054 | |||||
| Insurer Contact Information | |||||
| Type | First Name | MI | Last Name | ||
| Individual | Diane | M | McNab | ||
| Street Address | |||||
| 5555 Gate Parkway, Suite 150 | |||||
| City | State | Zip | |||
| Jacksonville | FL | 32256 | |||
| Phone | Ext | Fax | E-Mail Address | ||
| (954) 439 - 0580 | dmcnab@norcal-group.com | ||||
| Insured Information | |||||
| Type | First Name | MI | Last Name | ||
| Individual | Margarette | Damas | |||
| Insurer Type | Street Address of Practice | ||||
| Licensed | 3100 Coral Hills Drive, No 308 | ||||
| City | State | Zip Code | County | ||
| Coral Springs | FL | 33065 | Broward | ||
| Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
| 725249N | $250,000 | $750,000 | |||
| Profession or Business | Other Profession or Business | ||||
| Medical Doctor | |||||
| License Number | Specialty Code & Classification | Certification Number | |||
| ME87897 | Internal Medicine - No Surgery | ||||
| Injured Person Information | |||||
| First Name | MI | Last Name | Date of Birth | ||
| Street Address | Gender | County where Injury Occurred | |||
| F | Broward | ||||
| City | State | Zip Code | |||
| Location where injury occured | Other location where injury occured | ||||
| Nursing Home | |||||
| Name of Institution | Code | ||||
| ST JOHN'S SURGERY CENTER | 234 | ||||
| Location of Institutional Injury | Other Location of Institutional Injury | ||||
| Other | rehabilitation center | ||||
| Date of Occurrence | Date Reported to Insurer | ||||
| 2/17/2015 | 11/22/2017 | ||||
| Diagnostic Information | |||||
| Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
| The patient had been transferred from the hospital to a rehabilitation facility where she was seen by this health care provider. The patient's past medical history included a history of chronic leg weakness, lumbar radiculopathy, multiple lumbar spine surgeries, wheelchair bound. The patient was also a diabetic, was post right knee amputee and had a spinal cord stimulator. Immediately upon arrival to the rehabilitation center, the patient complained of urinary incontinence, constipation and leg weakness. The patient had indicated she went "plegic" a couple of days prior to her hospitalization and reported that afterwards her leg strength returned. | |||||
| Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
| The health care provider was being sued for failure to conduct a complete examination and provide patient with a diagnosis three weeks after patient presented to another facility with her symptoms. According to the consultation documents of the provider, there was a full neurological consultation with included a neurological examination and an impression which stated "sensory peripheral neuropathy, possible motor neuropathy, possible transverse myelitis (unable to confirm diagnosis due to inability to obtain MRI due to spinal stimulator). Given the patient's symptoms were improving three weeks after the patient's initial presentation, and had a diagnosis of diabetes, the health care provider concluded the patient could not be treated blindly with high dose steroid without confirming a diagnosis. This provider recommended the patient to follow up at the University of Miami (which patient failed to follow recommendation) and refer to urology. Experts agreed that the health care provider met the standard of care and there was no breach of duty. | |||||
| Diagnostic Code : | |||||
| Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
| The patient alleged failure to timely diagnose and treat transverse myelitis resulting incontinence of bladder, however, this was a condition the patient previously had before ever being seen by this health care provider. This provider did not cause any significant permanent injury to this patient. | |||||
| Principal Injury Giving Rise To The Claim | |||||
| Incontinence of bladder. | |||||
| Severity Of Injury | |||||
| Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung. | |||||
| Legal Information | |||||
| Date of Suit | Circuit Court Case Number | ||||
| 11/22/2017 | 17th Judicial | ||||
| County Suit Filed in | Date of Final Disposition | ||||
| Broward | 12/19/2019 | ||||
| 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 | |||||
| 12/23/2019 | |||||
| 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 | $43,564 | ||||||||||||||||||||
| All Other Loss Adjustment Expense Paid | $43,564 | ||||||||||||||||||||
| Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
| Deductible | $0 | ||||||||||||||||||||
| Injured Person's Total Economic Loss | |||||||||||||||||||||
| |||||||||||||||||||||
| Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
| Insured conferenced with defense attorney and claims specialist | |||||||||||||||||||||
| Updates | |
| No updates found. |
Does Dr. MARGARETTE DAMAS, MD have any medical malpractice cases, lawsuits, or complaints?
Dr. MARGARETTE DAMAS, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).