Dr. MYLES R SAMOTIN, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. MYLES R SAMOTIN, MD

870 111TH AVE N STE 4

NAPLES, FL

34108

Collier

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 Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Maria			Gonzalez
Street Address
2801 SW 149th Avenue, Suite 200
City				State	Zip
Miramar				FL	33027
Phone	Ext	Fax	E-Mail Address
(954) 602 - 5834			mgonzalez@pronational.com

Insured Information

Type	First Name		MI	Last Name
Individual	Myles		R	Samotin
Insurer Type		Street Address of Practice
Licensed		870 11th Avenue North, Suite 4
City		State	Zip Code	County
Naples		FL	34108	Collier
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP49223		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME72517		Surgery - Orthopedic		0

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Physician's Office
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury

Date of Occurrence		Date Reported to Insurer
10/17/2003		1/14/2005

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 Suit			Circuit Court Case Number
5/31/2005			05-878-CA
County Suit Filed in			Date of Final Disposition
Collier			8/5/2008
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 Decision			Other
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

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

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 Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	30672	38069
All Other Loss Adjustment Expense Paid	28901	43879

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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 Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Maria			Gonzalez
Street Address
2801 SW 149th Avenue, Suite 200
City				State	Zip
Miramar				FL	33027
Phone	Ext	Fax	E-Mail Address
(954) 602 - 5834			mgonzalez@pronational.com

Insured Information

Type	First Name		MI	Last Name
Individual	Myles		R	Samotin
Insurer Type		Street Address of Practice
Licensed		870 111th Avenue North, Suite 4
City		State	Zip Code	County
Naples		FL	34108	Collier
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP49223		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME72517		Surgery - Orthopedic		0

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
NAPLES COMM. HOSPITAL (N. COLLIER)		100018
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
1/31/2002		11/2/2004

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 Suit			Circuit Court Case Number
4/25/2005			05-0674-CA
County Suit Filed in			Date of Final Disposition
Collier			4/25/2008
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 Decision			Other
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

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

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 Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	143257	147604
All Other Loss Adjustment Expense Paid	275267	275376

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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 Name				Coverage Type
PHYSICIANS PREFERRED INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
27-0087259
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Jessica		G	Lance
Street Address
9310 Old Kings Rd. SouthSuite 702
City				State	Zip
Jacksonville				FL	32257
Phone	Ext	Fax	E-Mail Address
(904) 332 - 7841		(904) 332 - 7842	jlance@physicianspreferred.com

Insured Information

Type	First Name		MI	Last Name
Individual	Myles			Samotin
Insurer Type		Street Address of Practice
Licensed		870 111th Avenue North Suite 4
City		State	Zip Code	County
Naples		FL	34108	Collier
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
10398		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME72517		Surgery - Orthopedic

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Other Outpatient Facility		Naples Day Surgery
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury

Date of Occurrence		Date Reported to Insurer
4/4/2007		11/21/2007

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 Suit			Circuit Court Case Number
6/5/2008			08-3634-CA
County Suit Filed in			Date of Final Disposition
Collier			12/2/2009
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 Decision			Other
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

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

none known

Updates

No updates found.

This page is not displaying certain sensitive information.

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 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	Mary			Osborn
Street Address
5814 Reed Rd
City				State	Zip
Fort Wayne				IN	46835
Phone	Ext	Fax	E-Mail Address
(800) 463 - 3776	6604	(260) 486 - 0785	Mary.Osborn@medpro.com

Insured Information

Type	First Name		MI	Last Name
Individual	MYLES		R	SAMOTIN
Insurer Type		Street Address of Practice
Licensed		870 111TH AVE N STE 4
City		State	Zip Code	County
NAPLES		FL	34108	Collier
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
626456		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME72517		Surgery - Orthopedic

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
NAPLES COMM. HOSPITAL (N. COLLIER)		100018
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
11/15/1999		11/14/2001

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 Suit			Circuit Court Case Number
2/19/2002			02-676-CA
County Suit Filed in			Date of Final Disposition
Collier			7/10/2007
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 Decision			Other
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

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:

7/24/2007 10:34:02 AM

Reason for Change:

Incorrect fees and expenses listed.

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	18766	9383
Amount of Loss Adjustment Expense Paid to Defense Counsel	54743	27372

Date of Change:

2/5/2009 3:11:34 PM

Reason for Change:

Updated ALE

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	9383	12741
Amount of Loss Adjustment Expense Paid to Defense Counsel	27372	32587

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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 Name				Coverage Type
LANCET INDEMNITY RISK RETENTION GROUP INC.				Primary
Insurer FEIN		Professional License Number
26-1479165
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Gemma			Agustin
Street Address
1800 Second Street, Suite 909
City				State	Zip
Sarasota				FL	34236
Phone	Ext	Fax	E-Mail Address
(941) 955 - 0793	647	(941) 906 - 7538	gagustin@pboa.com

Insured Information

Type	First Name		MI	Last Name
Individual	MYLES		R	SAMOTIN
Insurer Type		Street Address of Practice
Licensed		870 111th Ave. North, Suite 4
City		State	Zip Code	County
Naples		FL	34108	Collier
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
LR090908000112		$100,000		$300,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME72517		Surgery - Orthopedic

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Other Location		During surgery
Name of Institution		Code
NORTH COLLIER HOSPITAL		120006
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
8/31/2007		9/25/2009

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 Suit			Circuit Court Case Number
2/9/2010			10-571CA
County Suit Filed in			Date of Final Disposition
Collier			12/8/2010
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 Decision			Other
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

Injured Person's Total Non-Economic Loss

Deductible

$5,000

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

No updates found.

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

This page is not displaying certain sensitive information.

Court Case # 14-CA2769

Indemnity Paid: $90,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201783503
Claim Number :	33145-1
Date Submitted :	10/27/2017

Insurer Information

Insurer Name				Coverage Type
LANCET INDEMNITY RISK RETENTION GROUP INC.				Primary
Insurer FEIN		Professional License Number
26-1479165
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Christopher			Teter
Street Address
2810 West St. Isabel Street Suite 100
City				State	Zip
Tampa				FL	33602
Phone	Ext	Fax	E-Mail Address
(813) 290 - 8282	265		cteter@lancetindemnity.com

Insured Information

Type	First Name		MI	Last Name
Individual	MYLES			SAMOTIN
Insurer Type		Street Address of Practice
Licensed		9240 Bonita Beach Road Suite 2200
City		State	Zip Code	County
Bonita Springs		FL	34135	Collier
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
LR090908000112		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME72517		Surgery - Orthopedic

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	Collier
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
NAPLES COMM. HOSPITAL (N. COLLIER)		100018
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
10/8/2012		7/25/2014

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Treatment was sought for a bunion and claw toes on the right foot.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
A hallux valgus surgical correction procedure was performed.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Alleged pain and suffering and deformity.
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
12/19/2014			14-CA2769
County Suit Filed in			Date of Final Disposition
Collier			10/27/2017
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
10/27/2017

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$90,000

Loss Adjust Expense Paid to Defense Counsel

$91,000

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	$90,000	$0

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

Insurer is unaware of what steps have been taken.

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 Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Maria			Gonzalez
Street Address
2801 SW 149th Avenue, Suite 200
City				State	Zip
Miramar				FL	33027
Phone	Ext	Fax	E-Mail Address
(954) 602 - 5834			mgonzalez@pronational.com

Insured Information

Type	First Name		MI	Last Name
Individual	Myles		R	Samotin
Insurer Type		Street Address of Practice
Licensed		870 111th Avenue North, Suite 4
City		State	Zip Code	County
Naples		FL	34108	Collier
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP49223		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME72517		Surgery - Orthopedic		0

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Physician's Office
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury

Date of Occurrence		Date Reported to Insurer
12/31/2002		11/23/2005

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 Suit			Circuit Court Case Number
3/9/2006			06-361-CA
County Suit Filed in			Date of Final Disposition
Collier			8/22/2008
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 Decision			Other
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

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

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 Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	24100	28582
All Other Loss Adjustment Expense Paid	17705	20551

This page is not displaying certain sensitive information.

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 Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Maria			Gonzalez
Street Address
2801 SW 149th Avenue, Suite 200
City				State	Zip
Miramar				FL	33027
Phone	Ext	Fax	E-Mail Address
(954) 602 - 5834			mgonzalez@pronational.com

Insured Information

Type	First Name		MI	Last Name
Individual	Myles		R	Samotin
Insurer Type		Street Address of Practice
Licensed		870 111th Avenue North, Suite 4
City		State	Zip Code	County
Naples		FL	34108	Collier
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP49223		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME72517		Surgery - Orthopedic		0

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Physician's Office
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury

Date of Occurrence		Date Reported to Insurer
3/16/2004		5/19/2005

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 Suit			Circuit Court Case Number
4/19/2006			06-539-CA
County Suit Filed in			Date of Final Disposition
Collier			8/22/2008
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 Decision			Other
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

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

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 Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	17435	21717
All Other Loss Adjustment Expense Paid	19121	25175

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Frequently Asked Questions

Does Dr. MYLES R SAMOTIN, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. MYLES R SAMOTIN, MD has at least 8 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases