Dr. MICHAEL BAPTISTA, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. MICHAEL BAPTISTA, MD

9471 Baymeadows Rd. Suite 207

Jacksonville, FL

32256

Duval

Court Case # 2012-CA-6541

Indemnity Paid: $300,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201472585
Claim Number :	FL-BAP-01
Date Submitted :	11/7/2014

Insurer Information

Insurer Name				Coverage Type
APPLIED MEDICO-LEGAL SOLUTIONS RISK RETENTION GROUP, INC.				Primary
Insurer FEIN		Professional License Number
81-0603029
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Julie			Moore
Street Address
101 E. Park Blvd.
City				State	Zip
Plano				TX	75074
Phone	Ext	Fax	E-Mail Address
(866) 520 - 6896			jmontague@bpmp.com

Insured Information

Type	First Name		MI	Last Name
Individual	Michael			Baptista
Insurer Type		Street Address of Practice
Licensed		9471 Baymeadows Road, Suite 207
City		State	Zip Code	County
Jacksonville		FL	32256	Duval
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
I-AMS-115326-3		$500,000		$1,500,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME97866		Surgery - General

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
MEMORIAL HOSPITAL JACKSONVILLE		100179
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
9/22/2009		12/20/2011

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Morbid Obesity
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Laparoscopic placement of adjustable gastric band system, hiatal hernia repair
Diagnostic Code :		27801
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Morbid Obesity
Principal Injury Giving Rise To The Claim
Improper placement of gastric band resulting in additional surgeries, sepsis, multiple abscesses, pneumonia and delayed healing.
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
6/19/2012			2012-CA-6541
County Suit Filed in			Date of Final Disposition
Duval			6/30/2014
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
3/6/2014

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$300,000

Loss Adjust Expense Paid to Defense Counsel

$79,345

All Other Loss Adjustment Expense Paid

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

Attend all updates and inservice for surgical procedures.

Updates

No updates found.

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Court Case # 2010-CA-013557

Indemnity Paid: $45,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201264931
Claim Number :	FL- JSA-04
Date Submitted :	10/1/2012

Insurer Information

Insurer Name				Coverage Type
APPLIED MEDICO-LEGAL SOLUTIONS RISK RETENTION GROUP, INC.				Primary
Insurer FEIN		Professional License Number
81-0603029
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Julie			Montague
Street Address
12700 Park Central Drive, Suite 900
City				State	Zip
Dallas				TX	75251
Phone	Ext	Fax	E-Mail Address
(866) 520 - 6896			jmontague@bpmp.com

Insured Information

Type	First Name		MI	Last Name
Individual	Michael			Baptista
Insurer Type		Street Address of Practice
Licensed		1205 Monument Road, Suite 302
City		State	Zip Code	County
Jacksonville		FL	32245	Duval
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
I-AMS-115326-3		$500,000		$1,500,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME97866		Surgery - Abdominal

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
BAPTIST MEDICAL CENTER - BEACHES		100117
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
4/4/2009		4/12/2010

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Cardiorespiratory failure, sepsis, gastric perforation and status-post insertion of Lap-Band.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Laparoscopic adjustable gastric banding done by Insured Physician on 7/25/2008 and in 4/09 exploratory laparotomy, hemigastrectojmey, splenectomy and removal of the Lap-Band.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Subacute respiratory alkalosis of unjknown cause.
Principal Injury Giving Rise To The Claim
Perforation and necrosis of the stomach with peritonitis.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
11/2/2010			2010-CA-013557
County Suit Filed in			Date of Final Disposition
Duval			9/28/2012
Other Defendants Involved in this Claim
Baptist Medical Center Touheed, Mohammed Fleisher, Mark R Borland-Groover Clinic Polley, Gordon M North Florida Surgeons Jacksonville Surgical Associates
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
8/28/2012

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$45,000

Loss Adjust Expense Paid to Defense Counsel

$105,436

All Other Loss Adjustment Expense Paid

$30,000

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

Ensure follow-up of hospital admissions of post-operative patients.

Updates

No updates found.

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Court Case # 2009-CA-015100

Indemnity Paid: $28,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201161886
Claim Number :	FL-JSA-02
Date Submitted :	10/18/2011

Insurer Information

Insurer Name				Coverage Type
APPLIED MEDICO-LEGAL SOLUTIONS RISK RETENTION GROUP, INC.				Primary
Insurer FEIN		Professional License Number
81-0603029
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Cindy			Black
Street Address
9330 Amberton Pkwy.#2300
City				State	Zip
Dallas				TX	75243
Phone	Ext	Fax	E-Mail Address
(469) 330 - 6355		(972) 739 - 2631	cblack@bpmp.com

Insured Information

Type	First Name		MI	Last Name
Individual	Michael		L	Baptista
Insurer Type		Street Address of Practice
Licensed		9471 Baymeadows Rd. Suite 207
City		State	Zip Code	County
Jacksonville		FL	32256	Duval
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
I-AMS-115326-2		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME97866		Physicians or Surgeons - Major Surgery.NOC classification.

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
MEMORIAL HOSPITAL JACKSONVILLE		100179
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
5/21/2007		5/14/2009

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Physician began to treat patient in hospital while she was recovering from lap band surgery. Prior to surgery, patient's history included poorly controlled hypertension, mixed hyperlipidemia, asthma, gerd, morbid obesity, depressive disorder & failed gastric bypass surgeries.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Physician treated patient for infection post lap band surgery & for wound care.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
After attempts to fight the infection, the lap band was removed by the surgeon who performed the surgery
Principal Injury Giving Rise To The Claim
Patient alleged physician did not appropriately manage infection post-operatively and did not timely recommend removal of lap band as soon as the infection was evident.As a result, patient alleged she endured pain & suffering and loss of enjoyment of life & incurred medical expenses.
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
10/1/2009			2009-CA-015100
County Suit Filed in			Date of Final Disposition
Duval			9/20/2011
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
9/16/2011

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$28,000

Loss Adjust Expense Paid to Defense Counsel

$21,000

All Other Loss Adjustment Expense Paid

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

Settlement of the matter was not an admission of liability, but was done to prevent a lengthy trial.Multiple bariatric surgeons & an infectious disease expert were very supportive of the care and treatment of this patient by insured physicians.The patient had good results in spite of her infection.

Updates

No updates found.

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Frequently Asked Questions

Does Dr. MICHAEL BAPTISTA, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. MICHAEL BAPTISTA, MD has at least 3 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases