Dr. MARY J BENSON, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. MARY J BENSON, MD

1011-A West Moreno Street

Pensacola, FL

32501

Escambia

Court Case # 2006 CA 543

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200952756
Claim Number :	1000710
Date Submitted :	9/3/2009

Insurer Information

Insurer Name				Coverage Type
FLORIDA MEDICAL MALPRACTICE JUA				Primary
Insurer FEIN		Professional License Number
59-1625412
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	SUSAN			SPIELMAN
Street Address
5814 Reed Street
City				State	Zip
Fort Wayne				IN	46835
Phone	Ext	Fax	E-Mail Address
(260) 486 - 0340		(260) 486 - 0782	SUSAN.SPIELMAN@MEDPRO.COM

Insured Information

Type	First Name		MI	Last Name
Individual	Mary		J	Benson
Insurer Type		Street Address of Practice
Licensed		1011-A W Moreno Street
City		State	Zip Code	County
Pensacola		FL	32501	Escambia
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
FL003936		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME58043		Surgery - General

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
WEST FLORIDA REG. MED. CTR (PENSACOLA)		100231
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
8/19/2003		1/9/2006

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Abdominal pain
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Laparoscopic cholecystectomy
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Transecting common bile duct
Principal Injury Giving Rise To The Claim
Need for corrective surgery, pain and suffering, possible need for liver transplant
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
5/5/2006			2006 CA 543
County Suit Filed in			Date of Final Disposition
Escambia			3/2/2009
Other Defendants Involved in this Claim
Rees MD, GeorgeC West Florida Regional Medical Center Inc d/b/a West Fl Hosp West Florida Medical Center Clinic PA Cain MD, DavidW Gulf Coast Surgical Associates Courcy MD, Peter 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
2/27/2009

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

$34,158

All Other Loss Adjustment Expense Paid

$12,448

Injured Person's Total Non-Economic Loss

$170,000

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

N/A

Updates

Date of Change:

3/3/2009 11:14:48 AM

Reason for Change:

Severity of Injury was in error.

Field Changed	Former Value	New Value
Severity of Injury	Temporary: Slight - Lacerations, contusions, minor scars, rash.No delay.	Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Date of Change:

9/3/2009 10:34:27 AM

Reason for Change:

Update ALE

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	30846	34158
All Other Loss Adjustment Expense Paid	11932	12448

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Court Case # 2006-CA-000543

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200952891
Claim Number :	23005
Date Submitted :	4/2/2009

Insurer Information

Insurer Name				Coverage Type
MAG MUTUAL INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
58-1449198
Insurer Contact Information
Type		Entity Name
Entity		MAG MUTUAL INSURANCE COMPANY
Street Address
8427 South Park Circle Suite 130
City				State	Zip
Orlando				FL	32819
Phone	Ext	Fax	E-Mail Address
(407) 370 - 3813		(407) 370 - 2247	cwehner@magmutual.com

Insured Information

Type	First Name		MI	Last Name
Individual	MARY			BENSON
Insurer Type		Street Address of Practice
Licensed		1717 N.E. Street
City		State	Zip Code	County
Pensacola		FL	32501	Escambia
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
PSL 1601338 01		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME58043		Surgery - General

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
WEST FLORIDA REG. MED. CTR (PENSACOLA)		100231
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
8/19/2003		11/15/2005

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Cholecystitis
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Laparoscopic cholecystectomy
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to appropriately perform surgical repair resulting in common bile duct stricture
Principal Injury Giving Rise To The Claim
Common bile duct laceration
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
5/1/2006			2006-CA-000543
County Suit Filed in			Date of Final Disposition
Escambia			3/17/2009
Other Defendants Involved in this Claim
West Florida Hospital West Florida Medical Center Clinic Rees, MD, George
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
2/13/2009

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

$8,167

All Other Loss Adjustment Expense Paid

$30,692

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$111,000	$2,400,000
Wage Loss	$60,000	$110,000
Other Expenses	$0	$0

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

Risk management has counseled insured

Updates

Date of Change:

4/2/2009 11:52:38 AM

Reason for Change:

Report updated to reflect Court Document final disposition date of 03/17/09

Field Changed	Former Value	New Value
Date of Final Disposition	13-FEB-09	17-MAR-09

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Court Case # 2006 CA 000522

Indemnity Paid: $137,500.00

Medical Malpractice Closed Claims Report

Department File Number :	M200850029
Claim Number :	1000725
Date Submitted :	9/3/2009

Insurer Information

Insurer Name				Coverage Type
FLORIDA MEDICAL MALPRACTICE JUA				Primary
Insurer FEIN		Professional License Number
59-1625412
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	SUSAN			SPIELMAN
Street Address
5814 Reed Street
City				State	Zip
Fort Wayne				IN	46835
Phone	Ext	Fax	E-Mail Address
(260) 486 - 0340		(260) 486 - 0782	SUSAN.SPIELMAN@MEDPRO.COM

Insured Information

Type	First Name		MI	Last Name
Individual	Mary		J	Benson
Insurer Type		Street Address of Practice
Licensed		1011-A West Moreno Street
City		State	Zip Code	County
Pensacola		FL	32501	Escambia
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
FL003936		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME58043		Surgery - General

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
BAPTIST HOSPITAL		100093
Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
3/12/2004		2/16/2006

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Unknown motor vehicle injuries
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Unknown - placed under the care of doctor and hospital for purposes of obtaining medical services
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Failure to timely diagnose and treat sepsis
Principal Injury Giving Rise To The Claim
Death on 3/20/2004
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
3/24/2006			2006 CA 000522
County Suit Filed in			Date of Final Disposition
Escambia			6/19/2008
Other Defendants Involved in this Claim
Baptist Hospital Inc
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
6/10/2008

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$137,500

Loss Adjust Expense Paid to Defense Counsel

$24,281

All Other Loss Adjustment Expense Paid

$19,671

Injured Person's Total Non-Economic Loss

$112,500

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

N/A

Updates

Date of Change:

3/5/2009 11:15:15 AM

Reason for Change:

ALE Update

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	19932	19668
Amount of Loss Adjustment Expense Paid to Defense Counsel	20904	24193

Date of Change:

9/3/2009 10:35:53 AM

Reason for Change:

Update ALE

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	19668	19671
Amount of Loss Adjustment Expense Paid to Defense Counsel	24193	24281

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Frequently Asked Questions

Does Dr. MARY J BENSON, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. MARY J BENSON, MD has at least 3 medical malpractice case(s), lawsuit(s), or complaint(s).