Dr. MARK BORNSTEIN, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. MARK BORNSTEIN, MD

4861 So. Orange Ave.

Orlando, FL

32806

Orange

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 Name				Coverage Type
PODIATRY INSURANCE COMPANY OF AMERICA				Primary
Insurer FEIN		Professional License Number
58-1403235
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Karen			Kessler
Street Address
3000 Meridian Blvd., Suite 400
City				State	Zip
Franklin				TN	37067
Phone	Ext	Fax	E-Mail Address
(615) 371 - 8776	2249		kkessler@picagroup.com

Insured Information

Type	First Name		MI	Last Name
Individual	Mark			Bornstein
Insurer Type		Street Address of Practice
Licensed		4861 So. Orange Ave.
City		State	Zip Code	County
Orlando		FL	32806	Orange
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0009441		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO1420

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Orange
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Outpatient Facility		Ambulatory Ankle & Foot Center of FL
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
3/12/2011		1/4/2012

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 Suit			Circuit Court Case Number
5/6/2013			2013-CA-003904-O
County Suit Filed in			Date of Final Disposition
Orange			7/7/2014
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 Decision			Other
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

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
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 Name				Coverage Type
PODIATRY INSURANCE COMPANY OF AMERICA				Primary
Insurer FEIN		Professional License Number
58-1403235
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Karen			Kessler
Street Address
110 Westwood Place
City				State	Zip
Brentwood				TN	37027
Phone	Ext	Fax	E-Mail Address
(615) 371 - 8776	2249		kkessler@picagroup.com

Insured Information

Type	First Name		MI	Last Name
Individual	Mark		D	Bornstein
Insurer Type		Street Address of Practice
Licensed		4861 So. Orange Ave.
City		State	Zip Code	County
Orlando		FL	32806	Orange
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0009441		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO1420

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	Orange
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Outpatient Facility		NTG Sugery Center
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
1/19/2005		1/3/2007

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 Suit			Circuit Court Case Number
5/15/2007			07CA644
County Suit Filed in			Date of Final Disposition
Lake			3/24/2008
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 Decision			Other
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

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
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.

Frequently Asked Questions

Does Dr. MARK BORNSTEIN, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. MARK BORNSTEIN, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).