Dr. ROBERT K LERNER, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. ROBERT K LERNER, MD

500 East Central Avenue

Winter Haven, FL

33880

Polk

Court Case # 53-2005CA-0023200000

Indemnity Paid: $825,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200642134
Claim Number :	18567
Date Submitted :	11/7/2006

Insurer Information

Insurer Name				Coverage Type
MAG MUTUAL INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
58-1449198
Insurer Contact Information
Type		Entity Name
Entity		MAG MUTUAL INSURANCE COMPANY
Street Address
8427 South Park Circle Suite 130
City				State	Zip
Orlando				FL	32819
Phone	Ext	Fax	E-Mail Address
(407) 370 - 3813		(407) 370 - 2247	cwehner@magmutual.com

Insured Information

Type	First Name		MI	Last Name
Individual	Robert		K	Lerner
Insurer Type		Street Address of Practice
Licensed		500 East Central Avenue
City		State	Zip Code	County
Winter Haven		FL	33880	Polk
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
PSL 1600278 02		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME48218		Surgery - Orthopedic		3901

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
WINTER HAVEN HOSPITAL		100052
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
5/10/2003		9/16/2003

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Fracture of femoral neck
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Resection of proximal femur and implant of endoprosthetic replacement
Diagnostic Code :		415.10
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to order precautionary medications upon discharge for prevention of DVT
Principal Injury Giving Rise To The Claim
Pulmonary embolism
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
11/4/2005			53-2005CA-0023200000
County Suit Filed in			Date of Final Disposition
Polk			10/13/2006
Other Defendants Involved in this Claim
Bond Clinic
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
9/6/2006

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$825,000

Loss Adjust Expense Paid to Defense Counsel

$55,144

All Other Loss Adjustment Expense Paid

$21,389

Injured Person's Total Non-Economic Loss

$825,000

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

Risk management has counseled insured

Updates

Date of Change:

11/7/2006 2:57:37 PM

Reason for Change:

Report updated to reflect Court document final disposition date of 10/13/06.

Field Changed	Former Value	New Value
Date of Final Disposition	22-AUG-06	13-OCT-06

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Court Case # 20090A2397

Indemnity Paid: $217,736.00

Medical Malpractice Closed Claims Report

Department File Number :	M201056126
Claim Number :	394-016006
Date Submitted :	1/25/2010

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	IRMA			MCCLAIN
Street Address
1200 ABERNATHY RD. 8TH FLOOR
City				State	Zip
ATLANTA				GA	30328
Phone	Ext	Fax	E-Mail Address
(770) 671 - 2299		(770) 399 - 4055	irma.mcclain@chartisinsurance.com

Insured Information

Type	First Name		MI	Last Name
Individual	ROBERT		K	LERNER
Insurer Type		Street Address of Practice
Licensed		500 E CENTRAL AVE
City		State	Zip Code	County
WINTER HAVEN		FL	33880	Polk
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
6795213		$250,000		$5,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME48218		Surgery - Hand

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Other Outpatient Facility		DAY SURGERY CENTER
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
3/6/2007		7/9/2008

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
CARPAL TUNNEL
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
CARPAL TUNNEL RELEASE
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
NOT FOUNT
Principal Injury Giving Rise To The Claim
SEVERED NERVE
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
2/22/2009			20090A2397
County Suit Filed in			Date of Final Disposition
Polk			11/30/2009
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

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$217,736

Loss Adjust Expense Paid to Defense Counsel

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

BETTER MONITOR PATIENTS

Updates

No updates found.

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Court Case # 2013-CA-3117

Indemnity Paid: $20,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201573984
Claim Number :	FP4089701
Date Submitted :	3/27/2015

Insurer Information

Insurer Name				Coverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INC				Primary
Insurer FEIN		Professional License Number
59-6614702
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Kelly			Andrews
Street Address
12724 Gran Bay Parkway, W., Suite 400
City				State	Zip
Jacksonville				FL	32258
Phone	Ext	Fax	E-Mail Address
(904) 360 - 3038			kandrews@thedoctors.com

Insured Information

Type	First Name		MI	Last Name
Individual	Robert		K	Lerner
Insurer Type		Street Address of Practice
Licensed		500 E. Central Avenue
City		State	Zip Code	County
Winter Haven		FL	33880	Polk
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
FP-CL100631		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME48218		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
			M	Polk
City			State	Zip Code

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

Location of Institutional Injury		Other Location of Institutional Injury

Date of Occurrence		Date Reported to Insurer
10/7/2010		11/1/2010

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Bilateral carpal tunnel syndrome.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Bilateral carpal tunnel release.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Left digital nerve laceration.
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs. Includes non-disabling injuries.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
5/29/2013			2013-CA-3117
County Suit Filed in			Date of Final Disposition
Polk			3/18/2015
Other Defendants Involved in this Claim
Bond and Steele Clinic P.A. d/b/a Bond Clinic
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

$20,000

Loss Adjust Expense Paid to Defense Counsel

$32,595

All Other Loss Adjustment Expense Paid

$9,823

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

Insurance company staff consulted with insured to discuss preventative measures. Patient Safety referral is made if appropriate

Updates

No updates found.

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

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Frequently Asked Questions

Does Dr. ROBERT K LERNER, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. ROBERT K LERNER, MD has at least 3 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases