Dr. VIVEK DESAI, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. VIVEK DESAI, MD

615 E. Princeton Street Suite 400

Orlando, FL

32803

Orange

Court Case # CI002-2410

Indemnity Paid: $1,795,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200536817
Claim Number :	14788
Date Submitted :	11/8/2005

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	Vivek			Desai
Insurer Type		Street Address of Practice
Licensed		615 E. Princeton Street Suite 400
City		State	Zip Code	County
Orlando		FL	32803	Orange
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
PSL 1600354 00		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME61521		Pediatrics - Minor Surgery		49523

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
FLORIDA HOSPITAL (ORLANDO)		100007
Location of Institutional Injury		Other Location of Institutional Injury
Critical Care Unit
Date of Occurrence		Date Reported to Insurer
4/18/2001		11/27/2001

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Septic arthritis
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Gentamicin treatment
Diagnostic Code :		380.1
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to properly manage Gentamicin
Principal Injury Giving Rise To The Claim
Death
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
3/15/2002			CI002-2410
County Suit Filed in			Date of Final Disposition
Orange			9/6/2005
Other Defendants Involved in this Claim
Otegbeye, Ayodeji
Stage of Legal System at which Settlement was Reached or Award Made
After appeal.
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
Directed verdict for plaintiff.
Arbitration
Claim not subject to Arbitration.
Date of Payment
5/3/2005

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$1,795,000

Loss Adjust Expense Paid to Defense Counsel

$200,000

All Other Loss Adjustment Expense Paid

$60,000

Injured Person's Total Non-Economic Loss

$1,795,000

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

Risk Management has counseled insured

Updates

Date of Change:

11/8/2005 8:11:56 AM

Reason for Change:

Corrected final disposition date

Field Changed	Former Value	New Value
Date of Final Disposition	03-MAY-05	06-SEP-05

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Court Case # 2002-CA-7080

Indemnity Paid: $362,500.00

Medical Malpractice Closed Claims Report

Department File Number :	M200536961
Claim Number :	15206
Date Submitted :	10/3/2005

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	Vivek		S	Desai
Insurer Type		Street Address of Practice
Licensed		615 E. Princeton St., Suite 400
City		State	Zip Code	County
Orlando		FL	32803	Orange
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
PSL 1600354 00		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME61521		Pediatrics - Minor Surgery		49523

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Orange
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
FLORIDA HOSPITAL (ORLANDO)		100007
Location of Institutional Injury		Other Location of Institutional Injury
Critical Care Unit
Date of Occurrence		Date Reported to Insurer
10/25/2000		2/21/2002

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Appendicitis
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
No iatrogenic injury
Diagnostic Code :		541.0
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to diagnose ruptured appendix
Principal Injury Giving Rise To The Claim
Death from sepsis following ruptured appendix
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
7/22/2002			2002-CA-7080
County Suit Filed in			Date of Final Disposition
Orange			9/8/2005
Other Defendants Involved in this Claim
Alvarez MD, Raul Otegbeye MD, Ayodeji Desai MD, Prashant Winter Haven Pediatrics Oludapo MD, Soremi
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 not subject to Arbitration.
Date of Payment
9/8/2005

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$362,500

Loss Adjust Expense Paid to Defense Counsel

$35,000

All Other Loss Adjustment Expense Paid

$20,000

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$57,000	$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.

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Court Case # 04-CA-4390

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200641625
Claim Number :	18509
Date Submitted :	10/11/2006

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	Vivek		S	Desai
Insurer Type		Street Address of Practice
Licensed		844 North Thornton Avenue
City		State	Zip Code	County
Orlando		FL	32803	Orange
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
PSL 1600354 02		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME61521		Pediatrics - Minor Surgery		49523

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
FLORIDA HOSPITAL (ORLANDO)		100007
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
12/6/2002		9/15/2003

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Hyperbilirubinemia
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Doctor recommended transfusion but parent refused
Diagnostic Code :		774.7
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to treat hyperbilirubinemia
Principal Injury Giving Rise To The Claim
Brain injury
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
5/19/2004			04-CA-4390
County Suit Filed in			Date of Final Disposition
Orange			9/11/2006
Other Defendants Involved in this Claim
Patel, MD, Mona Clermont-Ocoee Pediatrics Florida Hospital Orlando Health Central Central Florida Pediatric Intensive Care
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 not subject to Arbitration.
Date of Payment
6/15/2006

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

$29,151

All Other Loss Adjustment Expense Paid

$9,921

Injured Person's Total Non-Economic Loss

$250,000

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

Risk management has counseled insured

Updates

Date of Change:

10/11/2006 12:02:36 PM

Reason for Change:

Report updated to reflect Court document Final Dismissal date of 09/11/06.

Field Changed	Former Value	New Value
Date of Final Disposition	30-JUN-06	11-SEP-06

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Court Case # 2002-CA-008862-0

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200642185
Claim Number :	15568
Date Submitted :	10/11/2006

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	Vivek		S	Desai
Insurer Type		Street Address of Practice
Licensed		615 E. Princeton Street, Suite 400
City		State	Zip Code	County
Orlando		FL	32803	Orange
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
PSL 1600354 00		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME61521		Pediatrics - Minor Surgery		49523

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
FLORIDA HOSPITAL (ORLANDO)		100007
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
11/27/2001		4/30/2002

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Dehydration
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Intubation
Diagnostic Code :		425.4
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to diagnose and treat respiratory distress
Principal Injury Giving Rise To The Claim
Death
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
9/17/2002			2002-CA-008862-0
County Suit Filed in			Date of Final Disposition
Orange			9/25/2006
Other Defendants Involved in this Claim
Florida Hospital Central Florida Pediatric Intensive Care Specialists
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 not subject to Arbitration.
Date of Payment
9/5/2006

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

$89,802

All Other Loss Adjustment Expense Paid

$28,238

Injured Person's Total Non-Economic Loss

$250,000

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

Risk management has counseled insured

Updates

Date of Change:

10/11/2006 11:39:03 AM

Reason for Change:

Report updated to reflect Court document Final Dismissal date of 09/25/06.

Field Changed	Former Value	New Value
Date of Final Disposition	29-AUG-06	25-SEP-06

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Frequently Asked Questions

Does Dr. VIVEK DESAI, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. VIVEK DESAI, MD has at least 4 medical malpractice case(s), lawsuit(s), or complaint(s).