Dr. MITCHELL M WEISS, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. MITCHELL M WEISS, MD

Harbor Oaks, 1106 Druid Road South, Suite # 302

Clearwater, FL

33756

Pinellas

Court Case # 06-6552-CI-7

Indemnity Paid: $75,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200744673
Claim Number :	P-05-61-0351
Date Submitted :	3/6/2007

Insurer Information

Insurer Name				Coverage Type
LEXINGTON INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
25-1149494
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	CECILIA			SALA
Street Address
4211 BOYSCOUT BLVD., STE. 160
City				State	Zip
TAMPA				FL	33624
Phone	Ext	Fax	E-Mail Address
(813) 874 - 0768		(813) 874 - 0710	csala@che.org

Insured Information

Type	First Name		MI	Last Name
Individual	Mitchell		M	Weiss
Insurer Type		Street Address of Practice
Licensed		Harbor Oaks, 1106 Druid Road South, Suite # 302
City		State	Zip Code	County
Clearwater		FL	33756	Pinellas
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
163-8688		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME80840		Radiology - Diagnostic - Minor Surgery

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
MORTON PLANT HOSPITAL		100127
Location of Institutional Injury		Other Location of Institutional Injury
Other		Radiology
Date of Occurrence		Date Reported to Insurer
1/21/2005		1/24/2005

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
The patient was admitted for a scheduled CT guided liver tissue ablation for metastatic colon cancer.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
During the procedure, the tip of the needle was seen to be traversing the right heart border resulting in a puncture of the descending aorta with cardiac tamponade.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
The patient underwent a median sternotomy, evacuation of the peri-cardial hematoma, and repair of the aortic injury.
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
9/18/2006			06-6552-CI-7
County Suit Filed in			Date of Final Disposition
Pinellas			2/23/2007
Other Defendants Involved in this Claim
Morton Plant Hospital
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
2/23/2007

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$75,000

Loss Adjust Expense Paid to Defense Counsel

$7,470

All Other Loss Adjustment Expense Paid

Injured Person's Total Non-Economic Loss

$250,000

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$21,883	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

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

Defense counsel discussed the case with the physician.

Updates

No updates found.

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Court Case # 13-00786CI-21

Indemnity Paid: $0.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201678855
Claim Number :	1009889-01
Date Submitted :	8/11/2016

Insurer Information

Insurer Name				Coverage Type
MEDICAL PROTECTIVE COMPANY (THE)				Primary
Insurer FEIN		Professional License Number
35-0506406
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Susan		K	Spielman
Street Address
5814 Reed Road
City				State	Zip
Fort Wayne				IN	46835
Phone	Ext	Fax	E-Mail Address
(260) 486 - 0340			reportaclaim@medpro.com

Insured Information

Type	First Name		MI	Last Name
Individual	Mitchell		M	Weiss
Insurer Type		Street Address of Practice
Licensed		1106 Druid Road South, Ste 302
City		State	Zip Code	County
Clearwater		FL	33756	Pinellas
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
751588		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME80840		Radiology - Diagnostic - Minor Surgery

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	Pinellas
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
MORTON PLANT HOSPITAL		100127
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
11/10/2011		9/5/2012

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Liver cancer
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Chemo-embolization of liver
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Failure to timely diagnose and treat tumor lysis syndrome
Principal Injury Giving Rise To The Claim
Death
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
1/18/2013			13-00786CI-21
County Suit Filed in			Date of Final Disposition
Pinellas			6/17/2016
Other Defendants Involved in this Claim
Radiology Associates of Clearwater MD PA Morton Plant Hospital
Stage of Legal System at which Settlement was Reached or Award Made
After court verdict and prior to filing of notice of appeal.
Final Method of Claim Disposition
Disposed of by Court
Court Decision			Other
Directed verdict for defendant.
Arbitration
Claim not subject to Arbitration.
Date of Payment

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Indemnity Paid by Insurer on behalf of Insured

Loss Adjust Expense Paid to Defense Counsel

$64,177

All Other Loss Adjustment Expense Paid

$54,121

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

N/A

Updates

Date of Change:

8/11/2016 8:46:59 AM

Reason for Change:

ALE UPDATED 8/11/2016

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	64161	64177

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Frequently Asked Questions

Does Dr. MITCHELL M WEISS, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. MITCHELL M WEISS, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases