Medical Malpractice Cases

Dr. Mary J Benson Medical Malpractice Cases

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 NameCoverage Type
FLORIDA MEDICAL MALPRACTICE JUAPrimary
Insurer FEINProfessional License Number
59-1625412 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualSUSAN SPIELMAN
Street Address
5814 Reed Street
CityStateZip
Fort WayneIN46835
PhoneExtFaxE-Mail Address
(260) 486 - 0340 (260) 486 - 0782SUSAN.SPIELMAN@MEDPRO.COM
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMaryJBenson
Insurer TypeStreet Address of Practice
Licensed1011-A W Moreno Street
CityStateZip CodeCounty
PensacolaFL32501Escambia
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
FL003936$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME58043Surgery - General 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FEscambia
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
WEST FLORIDA REG. MED. CTR (PENSACOLA)100231
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
8/19/20031/9/2006
 
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 SuitCircuit Court Case Number
5/5/20062006 CA 543
County Suit Filed inDate of Final Disposition
Escambia3/2/2009
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 DecisionOther
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$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
N/A
 
Updates
 
 
Date of Change:3/3/2009 11:14:48 AM
Reason for Change:Severity of Injury was in error.
 
Field ChangedFormer ValueNew Value
Severity of InjuryTemporary: 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 ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel3084634158
All Other Loss Adjustment Expense Paid1193212448

 

 

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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 NameCoverage Type
MAG MUTUAL INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
58-1449198 
Insurer Contact Information
TypeEntity Name
EntityMAG Mutual Insurance Company
Street Address
8427 South Park Circle Suite 130
CityStateZip
OrlandoFL32819
PhoneExtFaxE-Mail Address
(407) 370 - 3813 (407) 370 - 2247cwehner@magmutual.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMARY BENSON
Insurer TypeStreet Address of Practice
Licensed1717 N.E. Street
CityStateZip CodeCounty
PensacolaFL32501Escambia
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1601338 01$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME58043Surgery - General 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FEscambia
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
WEST FLORIDA REG. MED. CTR (PENSACOLA)100231
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
8/19/200311/15/2005
 
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 SuitCircuit Court Case Number
5/1/20062006-CA-000543
County Suit Filed inDate of Final Disposition
Escambia3/17/2009
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 DecisionOther
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$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
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 ChangedFormer ValueNew Value
Date of Final Disposition13-FEB-0917-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 NameCoverage Type
FLORIDA MEDICAL MALPRACTICE JUAPrimary
Insurer FEINProfessional License Number
59-1625412 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualSUSAN SPIELMAN
Street Address
5814 Reed Street
CityStateZip
Fort WayneIN46835
PhoneExtFaxE-Mail Address
(260) 486 - 0340 (260) 486 - 0782SUSAN.SPIELMAN@MEDPRO.COM
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMaryJBenson
Insurer TypeStreet Address of Practice
Licensed1011-A West Moreno Street
CityStateZip CodeCounty
PensacolaFL32501Escambia
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
FL003936$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME58043Surgery - General 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FEscambia
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
BAPTIST HOSPITAL100093
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
3/12/20042/16/2006
 
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 SuitCircuit Court Case Number
3/24/20062006 CA 000522
County Suit Filed inDate of Final Disposition
Escambia6/19/2008
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 DecisionOther
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$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
N/A
 
Updates
 
 
Date of Change:3/5/2009 11:15:15 AM
Reason for Change:ALE Update
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid1993219668
Amount of Loss Adjustment Expense Paid to Defense Counsel2090424193
 
Date of Change:9/3/2009 10:35:53 AM
Reason for Change:Update ALE
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid1966819671
Amount of Loss Adjustment Expense Paid to Defense Counsel2419324281

 

 

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