Department File Number : | M201884661 |
Claim Number : | 156663 |
Date Submitted : | 3/15/2018 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
NORCAL MUTUAL INSURANCE COMPANY | Primary | ||||
Insurer FEIN | Professional License Number | ||||
94-2301054 | |||||
Insurer Contact Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Richard | Petersen | |||
Street Address | |||||
4651 Salisbury Rd. #410 | |||||
City | State | Zip | |||
Jacksonville | FL | 32256 | |||
Phone | Ext | Fax | E-Mail Address | ||
(904) 309 - 8142 | (904) 394 - 7134 | rpetersen@norcal-group.com |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | SHERRY | M | THOMPSON | ||
Insurer Type | Street Address of Practice | ||||
Licensed | 4665 Ponce de Leon Blvd | ||||
City | State | Zip Code | County | ||
Coral Gables | FL | 33146 | Dade | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
717974 | $1,000,000 | $3,000,000 | |||
Profession or Business | Other Profession or Business | ||||
Medical Doctor | |||||
License Number | Specialty Code & Classification | Certification Number | |||
ME103599 | Pathology - All Other |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
F | Dade | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Physician's Office | |||||
Name of Institution | Code | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Other | Pathology office | ||||
Date of Occurrence | Date Reported to Insurer | ||||
9/15/2015 | 5/31/2016 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
On 09/10/15, Diana Roman-Bisson underwent a mammogram at Diagnostic Center For Woman where a radiologist found a suspected mass with suspicion for malignancy. The plaintiff had a history of cancer in her family. As such, a right breast ultrasound guided biopsy was performed & the pathology slides were forwarded to, & reviewed, by Dr. Sherry M. Thompson of Aurora Diagnostics/Mark & Kambour Pathology. On 09/10/15, Dr. Thompson issued her pathology report with a diagnosis of invasive mammary carcinoma. The report was reviewed by Dr. Ana L. Viciana who concurred with the findings. Subsequently, the plaintiff underwent a double mastectomy on 10/21/15 at Baptist Hospital. The excised tissue was sent to pathology at Baptist where it was interpreted as showing an atypical papilloma with adenomyoepithelial features and not invasive ductal cell carcinoma. As noted above, Dr. Thompson (and concurred by Dr. Viciana) interpreted a needle core biopsy as invasive ductal cell carcinoma. In addition, the needle core biopsy was reviewed by an outside breast pathologist at Cornell Medical Center, Dr. Syed Hoda, that concurred the tissue reflected invasive ductal cell carcinoma. The patient subsequently had a bilateral mastectomy and the pathology from the mastectomy was read as an atypical papilloma with adenomyoepithelial features and not invasive ductal cell carcinoma. The mastectomy tissue was sent to the same outside breast pathologist at Cornell that agreed that looking at the needle core biopsy tissue and the mastectomy tissue together a better diagnosis was atypical papilloma with adenomyoepithelial features, but malignancy could not be ruled out. Additionally, the Chief of Breast Pathology at Stanford looked at only the needle core biopsy and concluded the tissue was invasive ductal carcinoma and then amended her interpretation to the same as the Cornell pathologist when she had the benefit of viewing the mastectomy tissue with the needle core biopsy tissue. | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
On 09/10/15, Diana Roman-Bisson underwent a mammogram at Diagnostic Center For Woman where a radiologist found a suspected mass with suspicion for malignancy. The plaintiff had a history of cancer in her family. As such, a right breast ultrasound guided biopsy was performed & the pathology slides were forwarded to, & reviewed, by Dr. Sherry M. Thompson of Aurora Diagnostics/Mark & Kambour Pathology. On 09/10/15, Dr. Thompson issued her pathology report with a diagnosis of invasive mammary carcinoma. The report was reviewed by Dr. Ana L. Viciana who concurred with the findings. Subsequently, the plaintiff underwent a double mastectomy on 10/21/15 at Baptist Hospital. The excised tissue was sent to pathology at Baptist where it was interpreted as showing an atypical papilloma with adenomyoepithelial features and not invasive ductal cell carcinoma. As noted above, Dr. Thompson (and concurred by Dr. Viciana) interpreted a needle core biopsy as invasive ductal cell carcinoma. In addition, the needle core biopsy was reviewed by an outside breast pathologist at Cornell Medical Center, Dr. Syed Hoda, that concurred the tissue reflected invasive ductal cell carcinoma. The patient subsequently had a bilateral mastectomy and the pathology from the mastectomy was read as an atypical papilloma with adenomyoepithelial features and not invasive ductal cell carcinoma. The mastectomy tissue was sent to the same outside breast pathologist at Cornell that agreed that looking at the needle core biopsy tissue and the mastectomy tissue together a better diagnosis was atypical papilloma with adenomyoepithelial features, but malignancy could not be ruled out. Additionally, the Chief of Breast Pathology at Stanford looked at only the needle core biopsy and concluded the tissue was invasive ductal carcinoma and then amended her interpretation to the same as the Cornell pathologist when she had the benefit of viewing the mastectomy tissue with the needle core biopsy tissue. | |||||
Diagnostic Code : | |||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
*NR | |||||
Principal Injury Giving Rise To The Claim | |||||
48 year old female patient alleges misdiagnosis of invasive mammary carcinoma resulting in unnecessary mastectomy. | |||||
Severity Of Injury | |||||
Permanent: Minor - Loss of fingers, loss or damage to organs. Includes non-disabling injuries. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
12/28/2016 | 2016-032984-CA-1 | ||||
County Suit Filed in | Date of Final Disposition | ||||
Dade | 3/7/2018 | ||||
Other Defendants Involved in this Claim | |||||
VICIANA, Ana L Aurora Diagnostic Holdings LLC/Mark & Kambour PA | |||||
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 | ||||
Other | Settled at Mediation | ||||
Arbitration | |||||
Claim not subject to Arbitration. | |||||
Date of Payment | |||||
3/8/2018 |
Financial Information | |||||||||||||||||||||
Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
Indemnity Paid by Insurer on behalf of Insured | $333,333 | ||||||||||||||||||||
Loss Adjust Expense Paid to Defense Counsel | $0 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $0 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
Deductible | $0 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
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Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
The particulars of the claim were discussed with Risk Management and the insured. |
Updates | |
No updates found. |
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Does Dr. SHERRY M THOMPSON, MD have any medical malpractice cases, lawsuits, or complaints?
Dr. SHERRY M THOMPSON, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).