Dr. SCOTT W SMITH, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. SCOTT W SMITH, MD

820 Prudential Drive, Suite 713

Jacksonville, FL

32207

Duval

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

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

unknown

Updates

No updates found.

This page is not displaying certain sensitive information.

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

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

unknown

Updates

No updates found.

This page is not displaying certain sensitive information.

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

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

UNKNOWN

Updates

No updates found.

This page is not displaying certain sensitive information.

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 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	Scott		W	Smith
Insurer Type		Street Address of Practice
Licensed		820 Prudential Drive, Suite 713
City		State	Zip Code	County
Jacksonville		FL	32207	Duval
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
PSL 1600109 02		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
OS7084		Emergency Medicine - No Major Surgery		1175

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Emergency Room
Name of Institution		Code
MEMORIAL HOSPITAL - FLAGLER		100118
Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
4/23/2001		9/23/2002

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 Suit			Circuit Court Case Number
9/15/2002			02-1031-CA
County Suit Filed in			Date of Final Disposition
Flagler			6/15/2005
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 Decision			Other
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

Injured Person's Total Non-Economic Loss

Deductible

$13,510

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
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?

Indemnity Paid by Insurer on behalf of Insured

Loss Adjust Expense Paid to Defense Counsel

$45,855

All Other Loss Adjustment Expense Paid

$2,421

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

UNKNOWN

Updates

No updates found.

This page is not displaying certain sensitive information.

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?

Indemnity Paid by Insurer on behalf of Insured

Loss Adjust Expense Paid to Defense Counsel

$46,141

All Other Loss Adjustment Expense Paid

$5,839

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

UNKNOWN

Updates

No updates found.

This page is not displaying certain sensitive information.

Frequently Asked Questions

Does Dr. SCOTT W SMITH, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. SCOTT W SMITH, MD has at least 6 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases