Medical Malpractice Cases

Dr. Mark D Bornstein Medical Malpractice Cases

Court Case # 2013-CA-003904-O

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201471301
Claim Number :17643-01
Date Submitted :7/14/2014
 
Insurer Information
 
Insurer NameCoverage Type
PODIATRY INSURANCE COMPANY OF AMERICAPrimary
Insurer FEINProfessional License Number
58-1403235 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualKaren Kessler
Street Address
3000 Meridian Blvd., Suite 400
CityStateZip
FranklinTN37067
PhoneExtFaxE-Mail Address
(615) 371 - 87762249 kkessler@picagroup.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMark Bornstein
Insurer TypeStreet Address of Practice
Licensed4861 So. Orange Ave.
CityStateZip CodeCounty
OrlandoFL32806Orange
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
1PD0009441$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO1420  

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FOrange
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilityAmbulatory Ankle & Foot Center of FL
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
3/12/20111/4/2012
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Bone spur, right, great toe
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Exostosis of bone spur, right, great toe
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient underwent exostosis of a bone spur from right, great toe.She developed gangrene and went on to amputation of the right hallux.Patient alleges insured's surgery was unnecessary because she was not a candidate for surgery, and that insured should have referred her for a vascular tudy prior to surgery.
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 SuitCircuit Court Case Number
5/6/20132013-CA-003904-O
County Suit Filed inDate of Final Disposition
Orange7/7/2014
Other Defendants Involved in this Claim
Mark Bornstein Podiatry, LLC
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
6/3/2014
 
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$145,473
All Other Loss Adjustment Expense Paid$29,004
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$418,402$3,064,210
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.

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Court Case # 07CA644

Indemnity Paid: $175,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200849222
Claim Number :11384-01
Date Submitted :4/15/2008
 
Insurer Information
 
Insurer NameCoverage Type
PODIATRY INSURANCE COMPANY OF AMERICAPrimary
Insurer FEINProfessional License Number
58-1403235 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualKaren Kessler
Street Address
110 Westwood Place
CityStateZip
BrentwoodTN37027
PhoneExtFaxE-Mail Address
(615) 371 - 87762249 kkessler@picagroup.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMarkDBornstein
Insurer TypeStreet Address of Practice
Licensed4861 So. Orange Ave.
CityStateZip CodeCounty
OrlandoFL32806Orange
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
1PD0009441$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO1420  

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MOrange
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilityNTG Sugery Center
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
1/19/20051/3/2007
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Significant arthritis and synovitis, left ankle
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Abrasion arthroplasty with synovectomy, left ankle
Diagnostic Code :719.27
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient developed post-op infection that required hospitalization, several surgical procedures & IV antibiotics.Insured saw patient on numerous post-op visits, and all visits prior to March 1, 2005, indicated patient was doing well with negative signs for infection, drainage & inflammation.On March 1st, pt. presented with complaints of pain and difficulty with the ankle, but no signs of infectious drainage.X-rays were taken, antibiotics prescribed, and patient was told to stay off the foot and to return in two days.On March 3rd, patient phoned insured with continued pain & difficulty, at which time insured gave him the option of coming to the office or going to the ER.Patient chose to go to the ER and did not return to insured thereafter.Patient alleges insured failed to diagnose the infection.
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 SuitCircuit Court Case Number
5/15/200707CA644
County Suit Filed inDate of Final Disposition
Lake3/24/2008
Other Defendants Involved in this Claim
Bornstein Podiatry Group, 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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
3/19/2008
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$175,000
Loss Adjust Expense Paid to Defense Counsel$23,565
All Other Loss Adjustment Expense Paid$9,604
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
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.

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