Medical Malpractice Cases

Dr. Thomas R Austgen Medical Malpractice Cases

Court Case # 2012-CA-003051

Indemnity Paid: $70,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201367352
Claim Number :5148739-01
Date Submitted :1/27/2014
 
Insurer Information
 
Insurer NameCoverage Type
MEDICAL PROTECTIVE COMPANY (THE)Primary
Insurer FEINProfessional License Number
35-0506406 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualSusanKSpielman
Street Address
5814 Reed Road
CityStateZip
Fort WayneIN46835
PhoneExtFaxE-Mail Address
(260) 486 - 0340  reportaclaim@medpro.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualThomasRAustgen
Insurer TypeStreet Address of Practice
Licensed1370 13th Ave South, Ste 116
CityStateZip CodeCounty
JacksonvilleFL32250Duval
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
607910$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME95091Surgery - General 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MDuval
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
BAPTIST MEDICAL CENTER - BEACHES100117
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
12/10/20091/3/2012
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Abdominal pain diagnosed as appendicitis
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Laparoscopic appendectomy
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Improper placement of surgical clips
Principal Injury Giving Rise To The Claim
Injury to lateral cutaneous sensory nerves
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs.Includes non-disabling injuries.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
3/20/20122012-CA-003051
County Suit Filed inDate of Final Disposition
Duval5/28/2013
Other Defendants Involved in this Claim
North Florida Surgeons 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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
5/28/2013
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$70,000
Loss Adjust Expense Paid to Defense Counsel$58,795
All Other Loss Adjustment Expense Paid$58,472
Injured Person's Total Non-Economic Loss$45,000
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
N/A
 
Updates
 
 
Date of Change:9/23/2013 3:43:29 PM
Reason for Change:Update ALE
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid1683431158
Amount of Loss Adjustment Expense Paid to Defense Counsel3145445200
 
Date of Change:1/27/2014 4:18:41 PM
Reason for Change:ALE UPDATE
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid3115858472
Amount of Loss Adjustment Expense Paid to Defense Counsel4520058795

 

 

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Court Case #

Indemnity Paid: $0.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201576624
Claim Number : 70286
Date Submitted : 12/21/2015
 
Insurer Information
 
Insurer Name Coverage Type
MEDMAL DIRECT INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
27-2813188  
Insurer Contact Information
Type First Name MI Last Name
Individual Trisha D Bowles
Street Address
245 Riverside Avenue
City State Zip
Jacksonville FL 32202
Phone Ext Fax E-Mail Address
(904) 482 - 4068   (888) 974 - 6458 claims@mymedmal.com
 
Insured Information
 
Type First Name MI Last Name
Individual Thomas R Austgen
Insurer Type Street Address of Practice
Licensed 11945 San Jose Blvd, Suite 300
City State Zip Code County
Jacksonville FL 32223 Duval
Policy Number Per Claim Policy Limits Aggregate Policy Limits
FL707389 $250,000 $750,000
Profession or Business Other Profession or Business
Medical Doctor  
License Number Specialty Code & Classification Certification Number
ME95091 Surgery - General  

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
  F Duval
City State Zip Code
     
Location where injury occured Other location where injury occured
Hospital Outpatient Facility  
Name of Institution Code
BAPTIST MEDICAL CENTER - BEACHES 100117
Location of Institutional Injury Other Location of Institutional Injury
Operating Suite  
Date of Occurrence Date Reported to Insurer
7/1/2013 1/27/2014
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Breast Cancer
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Left sentinel lymph node biopsy & left mastectomy
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient allegedly retained a sponge
Severity Of Injury
Temporary: Major - Burns, surgical material left, drug side effect, brain damage. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of Suit Circuit Court Case Number
  *NR
County Suit Filed in Date of Final Disposition
*NR 12/21/2015
Other Defendants Involved in this Claim
Baptist Medical Center - Beaches
Stage of Legal System at which Settlement was Reached or Award Made
Claim or suit abandoned.
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 $10,819
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 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
None Required - liability not found
 
Updates
 
No updates found.

 

 

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

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Court Case #

Indemnity Paid: $0.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201677245
Claim Number : 1016865-01
Date Submitted : 2/19/2016
 
Insurer Information
 
Insurer Name Coverage Type
MEDICAL PROTECTIVE COMPANY (THE) Primary
Insurer FEIN Professional License Number
35-0506406  
Insurer Contact Information
Type First Name MI Last Name
Individual Susan K Spielman
Street Address
5814 Reed Road
City State Zip
Fort Wayne IN 46835
Phone Ext Fax E-Mail Address
(260) 486 - 0340     reportaclaim@medpro.com
 
Insured Information
 
Type First Name MI Last Name
Individual Thomas R Austgen
Insurer Type Street Address of Practice
Licensed 1370 13th Ave South, Ste 116
City State Zip Code County
Jacksonville FL 32250 Duval
Policy Number Per Claim Policy Limits Aggregate Policy Limits
607910 $250,000 $750,000
Profession or Business Other Profession or Business
Medical Doctor  
License Number Specialty Code & Classification Certification Number
ME95091 Surgery - General  

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
  F Duval
City State Zip Code
     
Location where injury occured Other location where injury occured
Hospital Inpatient Facility  
Name of Institution Code
BAPTIST MEDICAL CENTER - BEACHES 100117
Location of Institutional Injury Other Location of Institutional Injury
Operating Suite  
Date of Occurrence Date Reported to Insurer
6/16/2011 12/12/2013
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Breast cancer
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Right radical mastectomy with sentinal node resection
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Failure to advise of unclear margins and need for additional resection
Principal Injury Giving Rise To The Claim
Increased morbidity; metastasis
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
  *NR
County Suit Filed in Date of Final Disposition
*NR 2/16/2016
Other Defendants Involved in this Claim
North Florida Surgeons PA
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
Dropped before Action Filed
Court Decision Other
Other Not Pursued
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 $11,609
All Other Loss Adjustment Expense Paid $1,000
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
N/A
 
Updates
 
No updates found.

 

 

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

This page is not displaying certain sensitive information.

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