Medical Malpractice Cases

Dr. SCOTT W SMITH Medical Malpractice Cases

Court Case # 2014-31272-CICI

Indemnity Paid: $400,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201676816
Claim Number : EMC-FL-13XS-273062
Date Submitted : 1/11/2016
 
Insurer Information
 
Insurer Name Coverage Type
EmCare Holdings, Inc. Primary
Insurer FEIN Professional License Number
75-173235 SI
Insurer Contact Information
Type First Name MI Last Name
Individual Kathy A Stockton
Street Address
9821 Katy Freeway
City State Zip
Houston TX 77024
Phone Ext Fax E-Mail Address
(713) 935 - 2404   (713) 461 - 8130 kathy_stockton@westernlitigation.com
 
Insured Information
 
Type First Name MI Last Name
Individual SCOTT W SMITH
Insurer Type Street Address of Practice
Self-Insurer 301 MEMORIAL MEDICAL PARKWAY
City State Zip Code County
DAYTONA BEACH FL 32117 Volusia
Policy Number Per Claim Policy Limits Aggregate Policy Limits
HAZ1040025381-11 $250,000 $750,000
Profession or Business Other Profession or Business
Osteopathic Physician  
License Number Specialty Code & Classification Certification Number
OS7084 Emergency Medicine - No Major Surgery  

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 Volusia
City State Zip Code
     
Location where injury occured Other location where injury occured
Other Hospital/Institution FLORIDA HOSPITAL MEMORIAL MEDICAL CENTER
Name of Institution Code
N/A 000000
Location of Institutional Injury Other Location of Institutional Injury
Other ER
Date of Occurrence Date Reported to Insurer
5/24/2012 3/10/2014
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
DIABETIC PATIENT PRESENTED TO ER
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
TREATED AND RELEASED
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
ABNORMAL LABS
Principal Injury Giving Rise To The Claim
DEATH AFTER RELEASE.
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of Suit Circuit Court Case Number
9/26/2014 2014-31272-CICI
County Suit Filed in Date of Final Disposition
Volusia 12/8/2015
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 subject to arbitration, but settlement reached in lieu of award.
Date of Payment
11/10/2015
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff? Yes
Indemnity Paid by Insurer on behalf of Insured $400,000
Loss Adjust Expense Paid to Defense Counsel $28,438
All Other Loss Adjustment Expense Paid $9,537
Injured Person's Total Non-Economic Loss $0
Deductible $0
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
unknown
 
Updates
 
No updates found.

 

 

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Court Case # 2014-31272-CICI

Indemnity Paid: $250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201676817
Claim Number : EMC-FL-13XS-273062
Date Submitted : 1/11/2016
 
Insurer Information
 
Insurer Name Coverage Type
CONTINENTAL CASUALTY COMPANY Primary
Insurer FEIN Professional License Number
36-2114545  
Insurer Contact Information
Type First Name MI Last Name
Individual Kathy A Stockton
Street Address
9821 Katy Freeway
City State Zip
Houston TX 77024
Phone Ext Fax E-Mail Address
(713) 935 - 2404   (713) 461 - 8130 kathy_stockton@westernlitigation.com
 
Insured Information
 
Type First Name MI Last Name
Individual SCOTT W SMITH
Insurer Type Street Address of Practice
Licensed 301 MEMORIAL MEDICAL PKWY
City State Zip Code County
DAYTONA BEACH FL 32117 Volusia
Policy Number Per Claim Policy Limits Aggregate Policy Limits
HAZ1040025381-11 $250,000 $750,000
Profession or Business Other Profession or Business
Osteopathic Physician  
License Number Specialty Code & Classification Certification Number
OS7084 Emergency Medicine - No Major Surgery  

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 Volusia
City State Zip Code
     
Location where injury occured Other location where injury occured
Other Hospital/Institution FLORIDA HOSPITAL MEMORIAL MEDICAL CENTER
Name of Institution Code
N/A 000000
Location of Institutional Injury Other Location of Institutional Injury
Other ER
Date of Occurrence Date Reported to Insurer
5/24/2012 3/10/2014
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
DIABETIC PATIENT PRESENTED TO ER
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
TREATED AND RELEASED
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
ABNORMAL LABS
Principal Injury Giving Rise To The Claim
DEATH AFTER RELEASE.
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of Suit Circuit Court Case Number
9/26/2014 2014-31272-CICI
County Suit Filed in Date of Final Disposition
Volusia 12/8/2015
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 subject to arbitration, but settlement reached in lieu of award.
Date of Payment
11/10/2015
 
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 $44,121
All Other Loss Adjustment Expense Paid $18,139
Injured Person's Total Non-Economic Loss $0
Deductible $0
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
unknown
 
Updates
 
No updates found.

 

 

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Court Case # 2013 30105 CICI

Indemnity Paid: $66,667.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201573320
Claim Number : EMC-FL-12XS-257905
Date Submitted : 1/28/2015
 
Insurer Information
 
Insurer Name Coverage Type
EmCare Holdings, Inc. Primary
Insurer FEIN Professional License Number
75-173235 SI
Insurer Contact Information
Type First Name MI Last Name
Individual Kathy A Stockton
Street Address
9821 Katy Freeway
City State Zip
Houston TX 77024
Phone Ext Fax E-Mail Address
(713) 935 - 2404   (713) 461 - 8130 kathy_stockton@westernlitigation.com
 
Insured Information
 
Type First Name MI Last Name
Individual SCOTT W SMITH
Insurer Type Street Address of Practice
Self-Insurer 875 STERTHAUS AVE.
City State Zip Code County
ORMOND BEACH FL 32174 Volusia
Policy Number Per Claim Policy Limits Aggregate Policy Limits
HAZ1040025381-11 $250,000 $750,000
Profession or Business Other Profession or Business
Medical Doctor  
License Number Specialty Code & Classification Certification Number
OS7084 Emergency Medicine - No Major Surgery  

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 Volusia
City State Zip Code
     
Location where injury occured Other location where injury occured
Emergency Room  
Name of Institution Code
N/A 000000
Location of Institutional Injury Other Location of Institutional Injury
Other FLORIDA HOSPITAL ORMOND EMERGENCY ROOM
Date of Occurrence Date Reported to Insurer
8/6/2010 9/19/2012
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
NECK AND ARM PAIN AFTER FALL
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
CT SCANS WERE DONE
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
NO MISDIAGNOSIS
Principal Injury Giving Rise To The Claim
SPINAL CORD CONTUSION, DISC INJURY AND FRACTURE AT C5 R/I PERMANENT NERVE INJURIES
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of Suit Circuit Court Case Number
1/22/2013 2013 30105 CICI
County Suit Filed in Date of Final Disposition
Volusia 1/8/2015
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 subject to arbitration, but settlement reached in lieu of award.
Date of Payment
12/2/2014
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff? Yes
Indemnity Paid by Insurer on behalf of Insured $66,667
Loss Adjust Expense Paid to Defense Counsel $42,297
All Other Loss Adjustment Expense Paid $12,117
Injured Person's Total Non-Economic Loss $0
Deductible $0
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
UNKNOWN
 
Updates
 
No updates found.

 

 

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Court Case # 02-1031-CA

Indemnity Paid: $13,510.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200535553
Claim Number :16296
Date Submitted :6/20/2005
 
Insurer Information
 
Insurer NameCoverage Type
MAG MUTUAL INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
58-1449198 
Insurer Contact Information
TypeEntity Name
EntityMAG Mutual Insurance Company
Street Address
8427 South Park Circle Suite 130
CityStateZip
OrlandoFL32819
PhoneExtFaxE-Mail Address
(407) 370 - 3813 (407) 370 - 2247cwehner@magmutual.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualScottWSmith
Insurer TypeStreet Address of Practice
Licensed820 Prudential Drive, Suite 713
CityStateZip CodeCounty
JacksonvilleFL32207Duval
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1600109 02$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
OS7084Emergency Medicine - No Major Surgery1175

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MFlagler
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
MEMORIAL HOSPITAL - FLAGLER100118
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
4/23/20019/23/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Possible snakebite
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Evaluation
Diagnostic Code :989.5
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to properly treat injury
Principal Injury Giving Rise To The Claim
Chronic lymphedema and osteonecrosis
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
9/15/200202-1031-CA
County Suit Filed inDate of Final Disposition
Flagler6/15/2005
Other Defendants Involved in this Claim
Hughes, Kathleen M
Memorial Hospital Flagler
Stage of Legal System at which Settlement was Reached or Award Made
After court verdict and prior to filing of notice of appeal.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
Judgment for the plaintiff. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
6/15/2005
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$13,510
Loss Adjust Expense Paid to Defense Counsel$179,314
All Other Loss Adjustment Expense Paid$0
Injured Person's Total Non-Economic Loss$0
Deductible$13,510
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$25,000$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
 
No updates found.

 

 

This page is not displaying certain sensitive information.

Court Case # 2013 30105 CICI

Indemnity Paid: $0.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201573324
Claim Number : EMC-FL-12-194834
Date Submitted : 1/28/2015
 
Insurer Information
 
Insurer Name Coverage Type
CONTINENTAL CASUALTY COMPANY Primary
Insurer FEIN Professional License Number
36-2114545  
Insurer Contact Information
Type First Name MI Last Name
Individual Kathy A Stockton
Street Address
9821 Katy Freeway
City State Zip
Houston TX 77024
Phone Ext Fax E-Mail Address
(713) 935 - 2404   (713) 461 - 8130 kathy_stockton@westernlitigation.com
 
Insured Information
 
Type First Name MI Last Name
Individual SCOTT W SMITH
Insurer Type Street Address of Practice
Licensed 875 STERTHAUS AVENUE
City State Zip Code County
ORMOND BEACH FL 32174 Volusia
Policy Number Per Claim Policy Limits Aggregate Policy Limits
HAZ1040025381-10 $250,000 $750,000
Profession or Business Other Profession or Business
Medical Doctor  
License Number Specialty Code & Classification Certification Number
OS7084 Emergency Medicine - No Major Surgery  

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 Volusia
City State Zip Code
     
Location where injury occured Other location where injury occured
Emergency Room  
Name of Institution Code
N/A 000000
Location of Institutional Injury Other Location of Institutional Injury
Other FLORIDA HOSPITAL ORMOND EMERGENCY ROOM
Date of Occurrence Date Reported to Insurer
8/6/2010 9/19/2012
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
NECK AND ARM PAIN AFTER FALL
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
CT SCANS WERE DONE
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
NO MISDIAGNOSIS
Principal Injury Giving Rise To The Claim
SPINAL CORD CONTUSION, DISC INJURY AND FRACTURE AT C5 R/I PERMANENT NERVE INJURIES
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of Suit Circuit Court Case Number
1/22/2013 2013 30105 CICI
County Suit Filed in Date of Final Disposition
Volusia 1/8/2015
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 subject to arbitration, but settlement reached in lieu of award.
Date of Payment
12/2/2014
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff? No
Indemnity Paid by Insurer on behalf of Insured $0
Loss Adjust Expense Paid to Defense Counsel $45,855
All Other Loss Adjustment Expense Paid $2,421
Injured Person's Total Non-Economic Loss $0
Deductible $0
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
UNKNOWN
 
Updates
 
No updates found.

 

 

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Court Case # XXXXX18

Indemnity Paid: $0.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201885672
Claim Number : EMC-FL-16-351807
Date Submitted : 6/20/2018
 
Insurer Information
 
Insurer Name Coverage Type
EmCare Holdings, Inc. Primary
Insurer FEIN Professional License Number
75-173235 SI
Insurer Contact Information
Type First Name MI Last Name
Individual Kathy A Stockton
Street Address
1900 W. LOOP S., STE. 1500
City State Zip
Houston TX 77027
Phone Ext Fax E-Mail Address
(713) 935 - 2404   (713) 461 - 8130 kathy_stockton@westernlitigation.com
 
Insured Information
 
Type First Name MI Last Name
Individual SCOTT W SMITH
Insurer Type Street Address of Practice
Self-Insurer 5911 JOHN ANDERSON HWY
City State Zip Code County
FLAGLER BEACH FL 32136 Volusia
Policy Number Per Claim Policy Limits Aggregate Policy Limits
HAZ1040025381-14 $250,000 $750,000
Profession or Business Other Profession or Business
Osteopathic Physician  
License Number Specialty Code & Classification Certification Number
OS7084 Emergency Medicine - No Major Surgery  

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 Volusia
City State Zip Code
     
Location where injury occured Other location where injury occured
Other Hospital/Institution FLORIDA HOSPITAL - OCEANSIDE
Name of Institution Code
N/A 000000
Location of Institutional Injury Other Location of Institutional Injury
Other ER
Date of Occurrence Date Reported to Insurer
3/19/2015 10/18/2016
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
BOWEL ISCHEMIA
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
SEEN IN ER
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
ALLEGED FAILURE TO TREAT
Principal Injury Giving Rise To The Claim
DEATH
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of Suit Circuit Court Case Number
1/25/2017 XXXXX18
County Suit Filed in Date of Final Disposition
Volusia 4/27/2018
Other Defendants Involved in this Claim
 
Stage of Legal System at which Settlement was Reached or Award Made
Within the pre-suit period as set forth in 766.106 (more than 90 days before suit is filed).
Final Method of Claim Disposition
No Payment Made
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? No
Indemnity Paid by Insurer on behalf of Insured $0
Loss Adjust Expense Paid to Defense Counsel $46,141
All Other Loss Adjustment Expense Paid $5,839
Injured Person's Total Non-Economic Loss $0
Deductible $0
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
UNKNOWN
 
Updates
 
No updates found.

 

 

This page is not displaying certain sensitive information.

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