Medical Malpractice Cases

Dr. Robert Garnet Medical Malpractice Cases

Court Case # 12-00495CA30

Indemnity Paid: $60,000.00

Medical Malpractice Closed Claims Report

Department File Number :M201265052
Claim Number :17309-01
Date Submitted :10/9/2012
Insurer Information
Insurer NameCoverage Type
Insurer FEINProfessional License Number
Insurer Contact Information
TypeFirst NameMILast Name
IndividualKaren Kessler
Street Address
3000 Meridian Blvd., Suite 400
PhoneExtFaxE-Mail Address
(615) 371 - 87762249
Insured Information
TypeFirst NameMILast Name
IndividualRobert Garnet
Insurer TypeStreet Address of Practice
Licensed18430 So. Dixie Hwy.
CityStateZip CodeCounty
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number

Medical Malpractice Closed Claims Report

Injured Person Information
First NameMILast NameDate of Birth
Street AddressGenderCounty where Injury Occurred
CityStateZip Code
Location where injury occuredOther location where injury occured
Other Outpatient FacilitySo. FL Ambulatory Surgery Center
Name of InstitutionCode
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
Diagnostic Information
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Degenerative joint disease and narrowing of the joint space, right first MPJ
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
McBride bunionectomy with Austin/Kalish/Youngzwick osteotomy, right first MPJ
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Principal Injury Giving Rise To The Claim
Patient presented to insured with complaints of pain, tenderness and swelling of the right, first MPJ, which had been ongoing for many years.X-rays revealed degenerative joint disease and narrowing of the joint space for which surgery was performed on 06-22-09.Post-op, patient developed non-union of the surgery site, avascular necrosis, and pain at the second and third metatarsal due to transfer metatarsalgia.Patient claims the non-union caused her to undergo further surgery with another doctor.She alleges insured was negligent in performing a procedure that causes/aggravates arthritis and performing surgery without first attempting conservative care.Our expert stated patient developed a mal-union/non-union at the surgical site due to the development of avascular necrosis.He advised that avascular necrosis with attending mal-union/non-union is a common risk and complication of any surgical procedure.As to the conservative care, the longevity of patient¿s symptoms, along with increased findings on x-ray, warranted surgical intervention.Insured could have have, perhaps, continued to treat patient¿s symptoms non-surgically; however, patient would not have been able to resolve her symptoms completely without surgical intervention.
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
County Suit Filed inDate of Final Disposition
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. 
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$60,000
Loss Adjust Expense Paid to Defense Counsel$29,673
All Other Loss Adjustment Expense Paid$2,453
Injured Person's Total Non-Economic Loss$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$85,357$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
None - Specialty Code #80993
No updates found.



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

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