Medical Malpractice Cases

Dr. ROGER R BUZATU, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address
Dr. ROGER R BUZATU, MD
PO BOX 9010
US

Court Case # 43-2012CA1900

Indemnity Paid: $190,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201576408
Claim Number : 11-0107
Date Submitted : 11/30/2015
 
Insurer Information
 
Insurer Name Coverage Type
Martin Memorial Medical Center, Inc. Primary
Insurer FEIN Professional License Number
59-063787 4102
Insurer Contact Information
Type First Name MI Last Name
Individual Maureen   Williams
Street Address
P.O. Box 9010
City State Zip
Stuart FL 34995
Phone Ext Fax E-Mail Address
(772) 288 - 5899     maureen.williams@martinhealth.org
 
Insured Information
 
TypeFirst NameMILast Name
IndividualRogerRBuzatu
Insurer TypeStreet Address of Practice
Self-InsurerPO BOX 9010
CityStateZip CodeCounty
StuartFL34995Martin
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
Trust-2012 HPL$5,000,000*NR
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME83799Surgery - General 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FMartin
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
MARTIN MEMORIAL MEDICAL CENTER100044
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
3/20/20105/31/2012
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Colo-vaginal fistula s/p laparoscopic surgery for cholecystitis, diverticular disease and severe stricture of the sigmoid colon.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
On 3/4/10 the patient underwent a laparoscopic cholecystectomy and laparoscopic sigmoid colectomy by another physician. On 3/20/10 the insured physician gently pulled a fecal-covered string-like material protruding from patient's rectum which the patient tolerated without any complaint of pain or discomfort.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient alleged she developed a colo-vaginal fistula as a result of the physican pulling the string-like material from her rectum on 3/20/10. She also alleged that the material removed from her rectum was a retained endocatch bag used during the 3/4/10 laparoscopic surgery.
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 SuitCircuit Court Case Number
10/24/201243-2012CA1900
County Suit Filed inDate of Final Disposition
Martin10/30/2015
Other Defendants Involved in this Claim
Peebles, Matthew
Martin Memorial Physician Corp.
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
11/11/2015
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$190,000
Loss Adjust Expense Paid to Defense Counsel$86,000
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
Favorable expert opinions were obtained on behalf of the insured physician who gently pulled the material from the patient's rectum on 3/20/10. In addition, after a thorough investigation there was absolutely no evidence whatsoever that the string-like material protruding from the patient's rectum two-weeks post-op was part of an endocatch bag from the 3/4/10 surgery. A forensic pathologist performed non-destructive testing of the material and concluded that the fibers were not consistent with an endocatch bag or any materials used during the 3/4/10 surgery, and most likely the item was suture material from a pubovaginal sling procedure the patient had several years prior to the 3/4/10 surgery. In addition, plaintiff's forensic pathology expert could not testify within a reasonable degree of medical probability that the material was part of an endocatch bag. He also testified that the item could be consistent with suture material.
 
Updates
 
No updates found.

 

 

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

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Dr. ROGER R BUZATU, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).

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