Medical Malpractice Cases

Dr. Michael L Baptista Medical Malpractice Cases

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 $0
Injured Person's Total Non-Economic Loss $0
Deductible $0
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 NameCoverage Type
APPLIED MEDICO-LEGAL SOLUTIONS RISK RETENTION GROUP, INC.Primary
Insurer FEINProfessional License Number
81-0603029 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualJulie Montague
Street Address
12700 Park Central Drive, Suite 900
CityStateZip
DallasTX75251
PhoneExtFaxE-Mail Address
(866) 520 - 6896  jmontague@bpmp.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMichael Baptista
Insurer TypeStreet Address of Practice
Licensed1205 Monument Road, Suite 302
CityStateZip CodeCounty
JacksonvilleFL32245Duval
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
I-AMS-115326-3$500,000$1,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME97866Surgery - Abdominal 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FDuval
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
BAPTIST MEDICAL CENTER - BEACHES100117
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
4/4/20094/12/2010
 
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 SuitCircuit Court Case Number
11/2/20102010-CA-013557
County Suit Filed inDate of Final Disposition
Duval9/28/2012
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 DecisionOther
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$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
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 NameCoverage Type
APPLIED MEDICO-LEGAL SOLUTIONS RISK RETENTION GROUP, INC.Primary
Insurer FEINProfessional License Number
81-0603029 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualCindy Black
Street Address
9330 Amberton Pkwy.#2300
CityStateZip
DallasTX75243
PhoneExtFaxE-Mail Address
(469) 330 - 6355 (972) 739 - 2631cblack@bpmp.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMichaelLBaptista
Insurer TypeStreet Address of Practice
Licensed9471 Baymeadows Rd. Suite 207
CityStateZip CodeCounty
JacksonvilleFL32256Duval
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
I-AMS-115326-2$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME97866Physicians or Surgeons - Major Surgery.NOC classification. 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FDuval
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
MEMORIAL HOSPITAL JACKSONVILLE100179
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
5/21/20075/14/2009
 
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 SuitCircuit Court Case Number
10/1/20092009-CA-015100
County Suit Filed inDate of Final Disposition
Duval9/20/2011
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 DecisionOther
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$0
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
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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