Medical Malpractice Cases

Medical Malpractice Cases In Brevard County Florida

Dr. KANEEZ AGHA Medical Malpractice Lawsuits - Court Case # 052007CA67896

Indemnity Paid: $3,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201473035
Claim Number : 59138301
Date Submitted : 12/19/2014
 
Insurer Information
 
Insurer Name Coverage Type
PHYSICIANS INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
13-4235490  
Insurer Contact Information
Type First Name MI Last Name
Individual Becky   Sanders
Street Address
361 E. Hillsboro Blvd.
City State Zip
Deerfield Beach FL 33441
Phone Ext Fax E-Mail Address
(954) 788 - 5610   (954) 788 - 5367 bsanders@picinsurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualKaneez Agha
Insurer TypeStreet Address of Practice
Licensed199 S. Wickham Road
CityStateZip CodeCounty
MelbourneFL32904Brevard
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
132097$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME70871Pediatrics - No Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FBrevard
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
  
Date of OccurrenceDate Reported to Insurer
4/9/20057/16/2007
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient was seen after experiencing seizures.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Patient was seen in ER for seizures. An Abnormal EKG was not reported to the physicians showing a prolonged QT wave.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Neurological source for the seizure was treated without consideration of a cardiac source.
Principal Injury Giving Rise To The Claim
Patient died 9 months after she first experienced a seizure from a heart arrhythmia.
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
10/18/2007052007CA67896
County Suit Filed inDate of Final Disposition
Brevard11/21/2014
Other Defendants Involved in this Claim
 
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
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
11/17/2014
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$3,000,000
Loss Adjust Expense Paid to Defense Counsel$204,149
All Other Loss Adjustment Expense Paid$124,929
Injured Person's Total Non-Economic Loss$3,000,000
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
not applicable.
 
Updates
 
No updates found.

 

 

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Dr. SEAN COTE Medical Malpractice Lawsuits - Court Case # 05-2017-CA-025834

Indemnity Paid: $1,400,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201989071
Claim Number : HMA89904
Date Submitted : 6/17/2019
 
Insurer Information
 
Insurer Name Coverage Type
COLUMBIA CASUALTY COMPANY Excess
Insurer FEIN Professional License Number
47-0490411  
Insurer Contact Information
Type First Name MI Last Name
Individual SHARI R MCGEE
Street Address
333 S. WABASH AVE.
City State Zip
CHICAGO IL 60604
Phone Ext Fax E-Mail Address
(312) 822 - 2535     shari.mcgee@cna.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualSEAN COTE
Insurer TypeStreet Address of Practice
Licensed3168 LAMANGA DRIVE
CityStateZip CodeCounty
VIERAFL32940Brevard
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
HMC 2097421336$10,000,000$10,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
OS11790Pathology - All Other 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FDuval
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilityClinic
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Special Procedure Room 
Date of OccurrenceDate Reported to Insurer
10/21/20149/6/2016
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Alleged misinterpreted pap smear and five month delay in diagnosis resulted in death of patient due to metastatic cancer 15 months later.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged misinterpreted pap smear and five month delay in diagnosis resulted in death of patient due to metastatic cancer 15 months later.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Alleged misinterpreted pap smear and five month delay in diagnosis resulted in death of patient due to metastatic cancer 15 months later.
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
5/1/201705-2017-CA-025834
County Suit Filed inDate of Final Disposition
Brevard5/21/2019
Other Defendants Involved in this Claim
 
Stage of Legal System at which Settlement was Reached or Award Made
Settlement Reached Prior to Pre-Suit Period
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
5/21/2019
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,400,000
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
 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
INSURED DISCUSSED CASE WITH DEFENSE AND INSURANCE PERSONNEL
 
Updates
 
No updates found.

 

Dr. SEAN COTE Medical Malpractice Lawsuits - Court Case # 052017CA025834

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201989188
Claim Number : HMA67658
Date Submitted : 6/26/2019
 
Insurer Information
 
Insurer Name Coverage Type
COLUMBIA CASUALTY COMPANY Primary
Insurer FEIN Professional License Number
47-0490411  
Insurer Contact Information
Type First Name MI Last Name
Individual SHARI R MCGEE
Street Address
333 S. WABASH AVE.
City State Zip
CHICAGO IL 60604
Phone Ext Fax E-Mail Address
(312) 822 - 2535     shari.mcgee@cna.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualSean Cote
Insurer TypeStreet Address of Practice
Licensed3168 Lamanga Dr.
CityStateZip CodeCounty
VieraFL32940Brevard
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
HMA 2097417495$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Osteopathic Physician 
License NumberSpecialty Code & ClassificationCertification Number
OS11790Physicians or Surgeons 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FDuval
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilityClinic
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
OtherClinic
Date of OccurrenceDate Reported to Insurer
10/21/20149/6/2016
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
FAILURE TO DIAGNOSE CERVICAL CANCER ON PAP SMEAR LED TO DEATH.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
FAILURE TO DIAGNOSE CERVICAL CANCER ON PAP SMEAR LED TO DEATH.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
FAILURE TO DIAGNOSE CERVICAL CANCER ON PAP SMEAR LED TO DEATH.
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
7/10/2017052017CA025834
County Suit Filed inDate of Final Disposition
Brevard5/21/2019
Other Defendants Involved in this Claim
 
Stage of Legal System at which Settlement was Reached or Award Made
Settlement Reached Prior to Pre-Suit Period
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
5/21/2019
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,000,000
Loss Adjust Expense Paid to Defense Counsel$55,158
All Other Loss Adjustment Expense Paid$16,814
Injured Person's Total Non-Economic Loss$0
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
ENFORCING GUIDELINES AND POLICIES TO PREVENT RISKS.
 
Updates
 
No updates found.

 

Dr. PETER ZABINSKI Medical Malpractice Lawsuits - Court Case # 05-2009-CA-14231

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201365842
Claim Number :16106S/28508
Date Submitted :3/6/2013
 
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 - 2247ctschanz@magmutual.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualPeter Zabinski
Insurer TypeStreet Address of Practice
Licensed200 E. Sheridan Road
CityStateZip CodeCounty
MelbourneFL32901Brevard
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1600401 05$500,000$1,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME33146Surgery - Urological 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MBrevard
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
HOLMES REGIONAL MEDICAL CENTER100019
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
8/14/20078/28/2007
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Staghorn calculus
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Right percutaneous nephrolithotomy
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to timely recognize and treat acute intra-abdominal hemorrhage
Principal Injury Giving Rise To The Claim
Right nephrectomy
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
2/16/200905-2009-CA-14231
County Suit Filed inDate of Final Disposition
Brevard1/16/2013
Other Defendants Involved in this Claim
Abad, MD, Fernando
Bryant, MD, John
Melbourne Internal Medicine Associates
St. George, MD, James
Health First Physicians
Schrader, MD, Keith
Coppala, CRNA, Eric
Henderson, CRNA, Amanda
Butler, CRNA, Rebecca
Brevard Anesthesia Services
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
12/21/2012
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,000,000
Loss Adjust Expense Paid to Defense Counsel$158,585
All Other Loss Adjustment Expense Paid$131,233
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$618,212$1,249,928
Wage Loss$9,000$176,852
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:3/6/2013 4:27:21 PM
Reason for Change:Report updated to reflect Court Document final disposition date of 1/16/13
 
Field ChangedFormer ValueNew Value
Date of Final Disposition21-DEC-1216-JAN-13

 

 

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Dr. FREDERICK WARD Medical Malpractice Lawsuits - Court Case # 05-2013-CA-025059

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201470933
Claim Number :FP4326701
Date Submitted :6/3/2014
 
Insurer Information
 
Insurer NameCoverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INCPrimary
Insurer FEINProfessional License Number
59-6614702 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualKelly Andrews
Street Address
1000 Riverside Avenue, Suite 800
CityStateZip
JacksonvilleFL32204
PhoneExtFaxE-Mail Address
(904) 360 - 3038  kandrews@thedoctors.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualFREDERICK WARD
Insurer TypeStreet Address of Practice
Licensed10728 Bella Lago Drive
CityStateZip CodeCounty
OrlandoFL32832Orange
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
CL106875$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME85924Emergency Medicine - No Major Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FBrevard
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
WUESTHOFF MEMORIAL HOSPITAL, INC.100092
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
6/23/20126/26/2012
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Large ischemic infarct in the left ganglia, left corona radiate and partial thrombosis of the left intracranial carotid artery & occlusion of the left middle cerebral artery.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
The patient was baker acted.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
The patient was baker acted.
Principal Injury Giving Rise To The Claim
Acute left hemisphere CVA.
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
5/2/201305-2013-CA-025059
County Suit Filed inDate of Final Disposition
Brevard5/29/2014
Other Defendants Involved in this Claim
Floridian Emergency Specialists, LLC
Wuesthoff Medical Center
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
5/29/2014
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,000,000
Loss Adjust Expense Paid to Defense Counsel$55,308
All Other Loss Adjustment Expense Paid$10,301
Injured Person's Total Non-Economic Loss$0
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
Insurance company staff consulted with insured to discuss preventative measures. Patient Safety referral is made if appropriate.
 
Updates
 
No updates found.

 

 

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Dr. RENATO ROZA Medical Malpractice Lawsuits - Court Case # 052016cp014211

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201886033
Claim Number : 162400
Date Submitted : 7/30/2018
 
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 Jessica   Lance
Street Address
4651 Salisbury Rd Suite 410
City State Zip
Jacksonville FL 32256
Phone Ext Fax E-Mail Address
(904) 309 - 8129     jlance@norcal-group.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualRenato Roza
Insurer TypeStreet Address of Practice
Licensed7925 N Wickham Rd Suite A
CityStateZip CodeCounty
MelbourneFL32940Brevard
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
723591N$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Physician Assistant 
License NumberSpecialty Code & ClassificationCertification Number
PA9101365Family Physicians or General Practitioners - No Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FBrevard
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
  
Date of OccurrenceDate Reported to Insurer
1/4/20163/30/2017
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Shortness of breath x 3 days
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Physical examination
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Pt diagnosed with shortness of breath and anxiety
Principal Injury Giving Rise To The Claim
Bilateral pulmonary emboli
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
10/18/2017052016cp014211
County Suit Filed inDate of Final Disposition
Brevard5/10/2018
Other Defendants Involved in this Claim
Medfast Urgent Care Centers, LLC
Williams, David T
Blythe, Stephen
LEYTE-VIDAL, SANTIAGO
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
5/10/2018
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,000,000
Loss Adjust Expense Paid to Defense Counsel$25,377
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 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
Discussed case with insured. Will contact risk management if necessary
 
Updates
 
No updates found.

 

 

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Dr. ROBERTO G MIXCO Medical Malpractice Lawsuits - Court Case # 05-2004-CA-0111412

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200641636
Claim Number :502290
Date Submitted :7/19/2006
 
Insurer Information
 
Insurer NameCoverage Type
AMERICAN HEALTHCARE INDEMNITY COMPANYPrimary
Insurer FEINProfessional License Number
59-2048400 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualDeborah AFuller
Street Address
1888 Century Park East, #800
CityStateZip
Los Angeles CA90067
PhoneExtFaxE-Mail Address
(310) 556 - 7414  dfuller@scpie.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualROBERTOGMIXCO
Insurer TypeStreet Address of Practice
Licensed1395 N. Courtenay Pkwy. #106
CityStateZip CodeCounty
Merritt Island FL32953Brevard
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
25182213$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME50063Neurology - Including Child - No Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FBrevard
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
CAPE CANAVERAL HOSPITAL100177
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
10/12/20029/26/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Possible stroke
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Brain CT
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis made
Principal Injury Giving Rise To The Claim
Alleged negligent management of patient diagnosed with small stroke following brain CT.Patient subsequently developed massive cerebellar stroke and hydrocephalus, resulting in brain injury.
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
8/5/200405-2004-CA-0111412
County Suit Filed inDate of Final Disposition
Brevard6/23/2006
Other Defendants Involved in this Claim
Cape Canaveral Hospital (litigation pending)
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
6/23/2006
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,000,000
Loss Adjust Expense Paid to Defense Counsel$34,302
All Other Loss Adjustment Expense Paid$15,916
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$2,400,000
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.

 

 

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Dr. STANLEY W TENENBAUM Medical Malpractice Lawsuits - Court Case # 05-2006-CA-13749

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200643017
Claim Number :00061
Date Submitted :11/2/2006
 
Insurer Information
 
Insurer NameCoverage Type
COLUMBIA CASUALTY COMPANYPrimary
Insurer FEINProfessional License Number
47-0490411 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualMARITZA MORENO
Street Address
2655 LeJeune Road, Suite 803
CityStateZip
Coral GablesFL33134
PhoneExtFaxE-Mail Address
(305) 447 - 4513 (305) 447 - 4514MMORENO@MRCG.ORG
 
Insured Information
 
TypeFirst NameMILast Name
IndividualStanleyWTenenbaum
Insurer TypeStreet Address of Practice
Licensed189 NW 113th Way
CityStateZip CodeCounty
Coral SpringsFL33071Broward
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
HAZ1064385823-0$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME43535Emergency Medicine - No Major Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FBrevard
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
WUESTHOFF MEMORIAL HOSPITAL23960034
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
5/7/200512/27/2005
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient sought treatment for intermittent spots in her right peripheral vision accompanied by weakness during the episodes.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Patient seen in the ER with a 2 day history of intermittent impaired speech with dizziness categorized as mild.She was diagnosed with high blood pressure and TIA and told to follow-up with her primary physician.The patient subsequently suffered a CVA.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
Patient in vegetative state as a result of massive CVA.
Severity Of Injury
Permanent: Grave - Quadraplegia, severe brain damage, lifelong care or fatal prognosis.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
4/25/200605-2006-CA-13749
County Suit Filed inDate of Final Disposition
Brevard10/30/2006
Other Defendants Involved in this Claim
Wuesthoff Memorial Hospital
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
10/19/2006
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,000,000
Loss Adjust Expense Paid to Defense Counsel$12,982
All Other Loss Adjustment Expense Paid$14,907
Injured Person's Total Non-Economic Loss$0
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
Insured discussed case with medical experts and insurance carrier personnel.
 
Updates
 
No updates found.

 

 

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Dr. JOSEPH A STERLING Medical Malpractice Lawsuits - Court Case # 05-2004-CA-18363

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200850453
Claim Number :18086-01
Date Submitted :8/7/2008
 
Insurer Information
 
Insurer NameCoverage Type
AMERICAN PHYSICIANS ASSURANCE CORPORATIONPrimary
Insurer FEINProfessional License Number
38-2102867 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualBarbaraAEvans
Street Address
1301 N. Hagadorn Road
CityStateZip
East LansingMI48823
PhoneExtFaxE-Mail Address
(517) 324 - 6570 (517) 333 - 2806bevans@apassurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJosephASterling
Insurer TypeStreet Address of Practice
Licensed1340 Medical Park Drive, Suite 100
CityStateZip CodeCounty
MelbourneFL32901Brevard
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
126767$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME55570Anesthesiology 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MBrevard
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilityHealthSouth Melbourne Surgery Center
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
  
Date of OccurrenceDate Reported to Insurer
8/31/20019/12/2001
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Repair of torn right rotator cuff.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Insured physician was supervising the CRNA who was actually performing the anesthesia responsibilities.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged premature extubation
Principal Injury Giving Rise To The Claim
Death
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
2/26/200405-2004-CA-18363
County Suit Filed inDate of Final Disposition
Brevard7/31/2008
Other Defendants Involved in this Claim
Melbourne Surgery Center, L.P.
d/b/a HealthSouth Melbourne Surgery Center
Thorpe, Linda J
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
7/11/2008
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,000,000
Loss Adjust Expense Paid to Defense Counsel$199,552
All Other Loss Adjustment Expense Paid$60,843
Injured Person's Total Non-Economic Loss$0
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
Insured consulted with claims personnel and defense counsel.$1,000,000 was paid in full and final settlement of all claims on behalf of the insured.
 
Updates
 
No updates found.

 

 

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Dr. PACHAVIT KASEMSAP Medical Malpractice Lawsuits - Court Case # 10-CA-12322

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201162030
Claim Number :29738
Date Submitted :10/27/2011
 
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 - 2247ctschanz@magmutual.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualPachavit Kasemsap
Insurer TypeStreet Address of Practice
Licensed12682 NW 32nd Place, 108-3
CityStateZip CodeCounty
SunriseFL33323Broward
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1600940 06$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME87867Surgery - General 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FBrevard
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilitySame Day Surgery
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
2/12/20092/25/2009
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Gallbladder disease
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Laparoscopic cholecystectomy
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to properly perform procedure
Principal Injury Giving Rise To The Claim
Laceration of aorta
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
3/5/201010-CA-12322
County Suit Filed inDate of Final Disposition
Brevard10/21/2011
Other Defendants Involved in this Claim
Osler Medical
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
10/21/2011
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,000,000
Loss Adjust Expense Paid to Defense Counsel$23,800
All Other Loss Adjustment Expense Paid$14,963
Injured Person's Total Non-Economic Loss$0
Deductible$100,000
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$533,576$0
Wage Loss$0$0
Other Expenses$7,894$300,000
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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View All Medical Malpractice Cases In Brevard County Florida

Medical Malpractice Lawyers in Brevard county

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Chad E Leeper
Wicker, Smith, O'Hara, McCoy & Ford, PA
6525 3rd St Ste 309
Rockledge, FL 32955-5749
321-610-5800
http://www.wickersmith.com
Specialty: Medical Malpractice
Eligble to practice in Brevard County Florida: Yes
Jeffrey Brian Sexton
Jeffrey B. Sexton, P.A.
500 North Dr Ste 15
Melbourne, FL 32934-9288
407-761-5939
http://www.sextonlaw.com & www.orlandoflcaraccident attorney.com
Specialty: Medical Malpractice
Eligble to practice in Brevard County Florida: Yes
Mark Stephen Peters
Eisenmenger, Robinson, Blaue & Peters, P
5450 Village Dr
Viera, FL 32955-6569
321-504-0321
http://www.ebplaw.com
Specialty: Medical Malpractice
Eligble to practice in Brevard County Florida: Yes
Michael Andrew Kerwin
Wicker Smith O'Hara McCoy & Ford P.A.
6525 3rd St Ste 309
Rockledge, FL 32955-5749
321-610-5800
http://www.wickersmith.com
Specialty: Medical Malpractice
Eligble to practice in Brevard County Florida: Yes
Michael Raymond Kirby
High Stack Gordon Kirby
525 E Strawbridge Ave
Melbourne, FL 32901-4750
321-725-7575
http://highstacklaw.com
Specialty: Medical Malpractice
Eligble to practice in Brevard County Florida: Yes
Rachel Whitney Delgado
R.S.S.I.
2263 W New Haven Ave # 336
West Melbourne, FL 32904-3805
321-300-7774
http://www.reaperspecialservices.com
Specialty: Medical Malpractice
Eligble to practice in Brevard County Florida: Yes
Scott Mason Baughan
Baughan Law Firm, PA
127 N Twin Lakes Rd
Cocoa, FL 32926-8731
321-403-4078
Specialty: Medical Malpractice
Eligble to practice in Brevard County Florida: Yes
Trizia Ginarella Eavenson
Eavenson Law, LLC
6767 N Wickham Rd Ste 400
Melbourne, FL 32940-2025
321-241-4777
http://www.tgelawfirm.com
Specialty: Medical Malpractice
Eligble to practice in Brevard County Florida: Yes

Frequently Asked Questions

Who can file a medical malpractice lawsuit in Florida?

Typically an attorney who specializes in medical malpractice and is licensed in the state of Florida.

Can you file a medical malpractice lawsuit without a lawyer?

Yes you can, however it is highly advised not to as the medical malpractice case law is very complex

What kind of attorney do I need to sue a doctor?

You should look for an attorney who specializes in medical malpractice, you can also search for tort lawyer.

What percentage do malpractice lawyers get?

Most medical malpractice attorneys charge at least a 40% contingency fee.

How long do you have to sue for medical malpractice in Florida?

Under the 2019 Florida statutes, An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. This paragraph shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy. see section 7 chaper b http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

Is there a cap on medical malpractice in Florida?

With respect to a cause of action for personal injury or wrongful death arising from medical negligence of practitioners, regardless of the number of such practitioner defendants, noneconomic damages shall not exceed $500,000 per claimant. No practitioner shall be liable for more than $500,000 in noneconomic damages, regardless of the number of claimants. see http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/Sections/0766.118.html

Do doctors in Florida have to have malpractice insurance?

Under Florida law, physicians are generally required to carry medical malpractice insurance or otherwise demonstrate financial responsibility to cover potential claims for medical malpractice. However, certain part-time physicians who meet state requirements are exempt from the financial responsibility law. see http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0458/Sections/0458.320.html

Is there a time limit to file a medical malpractice suit?

Under the 2019 Florida statutes, An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. This paragraph shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy. see section 7 chaper b http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

What is considered medical malpractice in Florida?

Medical Malpractice in Florida is defined as significant harm. This means that the injury must be serious enough to have resulted in significant healthcare expenses, missed work and caused ongoing pain and suffering.

What is the statute of limitations for legal malpractice in Florida?

Under the 2019 Florida statutes, An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. This paragraph shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy. see section 7 chaper b http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

Who can file a wrongful death suit in Florida?

Florida law requires a representative of the deceased person's estate to file the wrongful death claim. The representative may be named in the will or estate plan. The court will appoint a representative if there is no will or estate plan

What is the statute of limitations for wrongful death in Florida?

Under the 2019 Florida statutes, the statute of limitations for wrongful death is within two years of the date of death for most cases.

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