Medical Malpractice Cases

Dr. Myles R Samotin Medical Malpractice Cases

Court Case # 05-878-CA

Indemnity Paid: $500,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200850502
Claim Number :135772
Date Submitted :7/24/2009
 
Insurer Information
 
Insurer NameCoverage Type
PROASSURANCE CASUALTY COMPANYPrimary
Insurer FEINProfessional License Number
38-2317569 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualMaria Gonzalez
Street Address
2801 SW 149th Avenue, Suite 200
CityStateZip
MiramarFL33027
PhoneExtFaxE-Mail Address
(954) 602 - 5834  mgonzalez@pronational.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMylesRSamotin
Insurer TypeStreet Address of Practice
Licensed870 11th Avenue North, Suite 4
CityStateZip CodeCounty
NaplesFL34108Collier
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
MP49223$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME72517Surgery - Orthopedic0

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FCollier
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
  
Date of OccurrenceDate Reported to Insurer
10/17/20031/14/2005
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
The patient presented with complaints regarding her left foot and ankle subsequent to a skateboarding incident.She was initially diagnosed with a tear of the plantar fascia and subsequently diagnosed with Reflex Sympathetic Dystrophy
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
There was no operation performed
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
There was no misdiagnosis made
Principal Injury Giving Rise To The Claim
Alleged failure to diagnose and treat Reflex Sympathetic Dystrophy
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs.Includes non-disabling injuries.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
5/31/200505-878-CA
County Suit Filed inDate of Final Disposition
Collier8/5/2008
Other Defendants Involved in this Claim
Myles Rubin Samotin, MDPA
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
 
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$500,000
Loss Adjust Expense Paid to Defense Counsel$38,069
All Other Loss Adjustment Expense Paid$43,879
Injured Person's Total Non-Economic Loss$500,000
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
Insured discussed claim with insurance personnel and medical experts.
 
Updates
 
 
Date of Change:7/24/2009 11:57:09 AM
Reason for Change:Additional invoices paid after file closed.
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel3067238069
All Other Loss Adjustment Expense Paid2890143879

 

 

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Court Case # 05-0674-CA

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200849392
Claim Number :133854
Date Submitted :7/31/2009
 
Insurer Information
 
Insurer NameCoverage Type
PROASSURANCE CASUALTY COMPANYPrimary
Insurer FEINProfessional License Number
38-2317569 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualMaria Gonzalez
Street Address
2801 SW 149th Avenue, Suite 200
CityStateZip
MiramarFL33027
PhoneExtFaxE-Mail Address
(954) 602 - 5834  mgonzalez@pronational.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMylesRSamotin
Insurer TypeStreet Address of Practice
Licensed870 111th Avenue North, Suite 4
CityStateZip CodeCounty
NaplesFL34108Collier
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
MP49223$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME72517Surgery - Orthopedic0

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MCollier
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
NAPLES COMM. HOSPITAL (N. COLLIER)100018
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
1/31/200211/2/2004
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Right ankle end stage arthritis
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged failure to use proper surgical technique in implantation of an ankle replacement prosthesis
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
There was no misdiagnosis made
Principal Injury Giving Rise To The Claim
Alleged inability to bear weight and ambulate and a second procedure resulting in ankle and talar fusion
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs.Includes non-disabling injuries.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
4/25/200505-0674-CA
County Suit Filed inDate of Final Disposition
Collier4/25/2008
Other Defendants Involved in this Claim
Myles Rubin Samotin, MDPA
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
 
 
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$147,604
All Other Loss Adjustment Expense Paid$275,376
Injured Person's Total Non-Economic Loss$250,000
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
Insured discussed claim with insurance personnel and medical experts.
 
Updates
 
 
Date of Change:7/31/2009 2:42:09 PM
Reason for Change:Additional invoices paid after file closed.
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel143257147604
All Other Loss Adjustment Expense Paid275267275376

 

 

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Court Case # 08-3634-CA

Indemnity Paid: $200,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201056094
Claim Number :10126
Date Submitted :1/20/2010
 
Insurer Information
 
Insurer NameCoverage Type
PHYSICIANS PREFERRED INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
27-0087259 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualJessica GLance
Street Address
9310 Old Kings Rd. SouthSuite 702
CityStateZip
JacksonvilleFL32257
PhoneExtFaxE-Mail Address
(904) 332 - 7841 (904) 332 - 7842jlance@physicianspreferred.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMyles Samotin
Insurer TypeStreet Address of Practice
Licensed870 111th Avenue North Suite 4
CityStateZip CodeCounty
NaplesFL34108Collier
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
10398$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME72517Surgery - Orthopedic 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MCollier
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilityNaples Day Surgery
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
  
Date of OccurrenceDate Reported to Insurer
4/4/200711/21/2007
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Medial meniscal tear
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Arthroscopic knee repair
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to remove damaged instrument foreign body.
Principal Injury Giving Rise To The Claim
Alleged need for additional surgery.
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 SuitCircuit Court Case Number
6/5/200808-3634-CA
County Suit Filed inDate of Final Disposition
Collier12/2/2009
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
11/3/2009
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$200,000
Loss Adjust Expense Paid to Defense Counsel$29,726
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
none known
 
Updates
 
No updates found.

 

 

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Court Case # 02-676-CA

Indemnity Paid: $125,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200746341
Claim Number :263775
Date Submitted :2/5/2009
 
Insurer Information
 
Insurer NameCoverage Type
MEDICAL PROTECTIVE COMPANY (THE)Primary
Insurer FEINProfessional License Number
35-0506406 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualMary Osborn
Street Address
5814 Reed Rd
CityStateZip
Fort WayneIN46835
PhoneExtFaxE-Mail Address
(800) 463 - 37766604(260) 486 - 0785Mary.Osborn@medpro.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMYLESRSAMOTIN
Insurer TypeStreet Address of Practice
Licensed870 111TH AVE N STE 4
CityStateZip CodeCounty
NAPLESFL34108-1803Collier
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
626456$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME72517Surgery - Orthopedic 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MCollier
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
NAPLES COMM. HOSPITAL (N. COLLIER)100018
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
11/15/199911/14/2001
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
RIGHT CALCANEAL FRACTURE FROM FALL
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
OPEN REDUCTION, INTERNAL FIXATION
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
FAIL TO CONSERVATIVELY TREAT
Principal Injury Giving Rise To The Claim
INFECTION; DEBRIDEMENT;PLASTIC SURGERY
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 SuitCircuit Court Case Number
2/19/200202-676-CA
County Suit Filed inDate of Final Disposition
Collier7/10/2007
Other Defendants Involved in this Claim
MYLES RUBIN SAMOTIN MD PC
NAPLES COMMUNITY 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 DecisionOther
No Court Proceedings. 
Arbitration
Claim subject to arbitration, but settlement reached in lieu of award.
Date of Payment
7/19/2007
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$125,000
Loss Adjust Expense Paid to Defense Counsel$32,587
All Other Loss Adjustment Expense Paid$12,741
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
N/A
 
Updates
 
 
Date of Change:7/24/2007 10:34:02 AM
Reason for Change:Incorrect fees and expenses listed.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid187669383
Amount of Loss Adjustment Expense Paid to Defense Counsel5474327372
 
Date of Change:2/5/2009 3:11:34 PM
Reason for Change:Updated ALE
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid938312741
Amount of Loss Adjustment Expense Paid to Defense Counsel2737232587

 

 

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Court Case # 10-571CA

Indemnity Paid: $99,999.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201160337
Claim Number :FL - 15
Date Submitted :3/31/2011
 
Insurer Information
 
Insurer NameCoverage Type
LANCET INDEMNITY RISK RETENTION GROUP INC.Primary
Insurer FEINProfessional License Number
26-1479165 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualGemma Agustin
Street Address
1800 Second Street, Suite 909
CityStateZip
SarasotaFL34236
PhoneExtFaxE-Mail Address
(941) 955 - 0793647(941) 906 - 7538gagustin@pboa.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMYLESRSAMOTIN
Insurer TypeStreet Address of Practice
Licensed870 111th Ave. North, Suite 4
CityStateZip CodeCounty
Naples FL34108Collier
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
LR090908000112$100,000$300,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME72517Surgery - Orthopedic 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MCollier
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other LocationDuring surgery
Name of InstitutionCode
NORTH COLLIER HOSPITAL120006
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
8/31/20079/25/2009
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient/Plaintiff was suffering damage to the right radial nerve, which resulted in right radial nerve palsy
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Surgery to preserve the right radial nerve
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
failure to properly identify the radial nerve and failure to preserve the right radial nerve during surgery, which resulted in right radial nerve palsy
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
2/9/201010-571CA
County Suit Filed inDate of Final Disposition
Collier12/8/2010
Other Defendants Involved in this Claim
North Collier Hospital
Naples Day Surgery
Parent, MD, Thomas
Naples Community 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 DecisionOther
No Court Proceedings. 
Arbitration
Award for plaintiff.
Date of Payment
12/9/2010
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$99,999
Loss Adjust Expense Paid to Defense Counsel$31,233
All Other Loss Adjustment Expense Paid$0
Injured Person's Total Non-Economic Loss$0
Deductible$5,000
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
 
No updates found.

 

 

*NR:Prior to 04/28/1999 this field was not required in submitted claims.

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Court Case # 06-361-CA

Indemnity Paid: $40,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200850617
Claim Number :141344
Date Submitted :7/24/2009
 
Insurer Information
 
Insurer NameCoverage Type
PROASSURANCE CASUALTY COMPANYPrimary
Insurer FEINProfessional License Number
38-2317569 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualMaria Gonzalez
Street Address
2801 SW 149th Avenue, Suite 200
CityStateZip
MiramarFL33027
PhoneExtFaxE-Mail Address
(954) 602 - 5834  mgonzalez@pronational.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMylesRSamotin
Insurer TypeStreet Address of Practice
Licensed870 111th Avenue North, Suite 4
CityStateZip CodeCounty
NaplesFL34108Collier
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
MP49223$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME72517Surgery - Orthopedic0

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MCollier
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
  
Date of OccurrenceDate Reported to Insurer
12/31/200211/23/2005
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
The patient presented with injury to left shoulder
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
There was no operation performed
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
There was no misdiagnosis made
Principal Injury Giving Rise To The Claim
Alleged delay in ordering diagnostic studies of the left shoulder resulting in decreased probability of successful shoulder repair due to atrophy of soft tissue
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
3/9/200606-361-CA
County Suit Filed inDate of Final Disposition
Collier8/22/2008
Other Defendants Involved in this Claim
Myles Rubin Samotin, MDPA
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
 
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$40,000
Loss Adjust Expense Paid to Defense Counsel$28,582
All Other Loss Adjustment Expense Paid$20,551
Injured Person's Total Non-Economic Loss$40,000
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
Insured discussed claim with insurance personnel and medical experts.
 
Updates
 
 
Date of Change:7/24/2009 3:50:48 PM
Reason for Change:Additional invoices paid after file closed.
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel2410028582
All Other Loss Adjustment Expense Paid1770520551

 

 

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Court Case # 06-539-CA

Indemnity Paid: $35,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200850616
Claim Number :138237
Date Submitted :7/24/2009
 
Insurer Information
 
Insurer NameCoverage Type
PROASSURANCE CASUALTY COMPANYPrimary
Insurer FEINProfessional License Number
38-2317569 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualMaria Gonzalez
Street Address
2801 SW 149th Avenue, Suite 200
CityStateZip
MiramarFL33027
PhoneExtFaxE-Mail Address
(954) 602 - 5834  mgonzalez@pronational.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMylesRSamotin
Insurer TypeStreet Address of Practice
Licensed870 111th Avenue North, Suite 4
CityStateZip CodeCounty
NaplesFL34108Collier
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
MP49223$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME72517Surgery - Orthopedic0

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FCollier
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
  
Date of OccurrenceDate Reported to Insurer
3/16/20045/19/2005
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
The patient presented with hallux valgus on the left foot, clawing of the second toe and metatarsalgia under the second and third MTP joints.The patient also presented with a decomposed Silastic implant of the left great toe.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
An MTP interposition arthroplasty of the great left toe.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
There was no misdiagnosis made.
Principal Injury Giving Rise To The Claim
Alleged failure to remove the Silastic hardware of the first metatarsophalangeal joint of the left foot and failure to perform a capsulotomy with synovectomy involving three separate joints.
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
4/19/200606-539-CA
County Suit Filed inDate of Final Disposition
Collier8/22/2008
Other Defendants Involved in this Claim
Myles Rubin Samotin, MDPA
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
 
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$35,000
Loss Adjust Expense Paid to Defense Counsel$21,717
All Other Loss Adjustment Expense Paid$25,175
Injured Person's Total Non-Economic Loss$35,000
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
Insured discussed claim with insurance personnel and medical experts.
 
Updates
 
 
Date of Change:7/24/2009 3:28:45 PM
Reason for Change:Additional invoices paid after file closed.
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel1743521717
All Other Loss Adjustment Expense Paid1912125175

 

 

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