Medical Malpractice Cases In Dade County Florida

Dr. JOSE L VARGAS Medical Malpractice Lawsuits - Court Case # 08-47844CA02

Indemnity Paid: $5,067,306.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201885138
Claim Number :	FP3588801
Date Submitted :	4/23/2018

Insurer Information

Insurer Name				Coverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INC				Primary
Insurer FEIN		Professional License Number
59-6614702
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Kelly			Andrews
Street Address
12724 Gran Bay Parkway, W., Suite 400
City				State	Zip
Jacksonville				FL	32258
Phone	Ext	Fax	E-Mail Address
(904) 360 - 3038			kandrews@thedoctors.com

Insured Information

Type	First Name		MI	Last Name
Individual	Jose		L	Vargas
Insurer Type		Street Address of Practice
Licensed		8470 N. Kendall Drive Suite 210
City		State	Zip Code	County
Miami		FL	33176	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
FP-39460		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME31382		Pediatrics - No 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
			F	Dade
City			State	Zip Code

Location where injury occured		Other location where injury occured
Patient's Home
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Other		Patient's Home
Date of Occurrence		Date Reported to Insurer
10/12/2006		7/11/2007

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
The patient presented to insured for routine pediatric visits.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
The patient's alleged failure to timely diagnose renal disease, resulting in kidney transplants.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
The parents alleged failure to appreciate abnormal urinalysis test.
Principal Injury Giving Rise To The Claim
The patient underwent kidney transplants.
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
8/25/2008			08-47844CA02
County Suit Filed in			Date of Final Disposition
Dade			4/2/2018
Other Defendants Involved in this Claim

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
Judgment for the plaintiff.
Arbitration
Claim not subject to Arbitration.
Date of Payment
4/2/2018

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$5,067,306

Loss Adjust Expense Paid to Defense Counsel

$1,110,209

All Other Loss Adjustment Expense Paid

$582,204

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$157,476	$2,744,000
Wage Loss	$0	$700,000
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. EMERY M SALOM Medical Malpractice Lawsuits - Court Case # 0965817CA09

Indemnity Paid: $4,080,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201781470
Claim Number :	FP3820801
Date Submitted :	3/20/2017

Insurer Information

Insurer Name				Coverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INC				Primary
Insurer FEIN		Professional License Number
59-6614702
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Kelly			Andrews
Street Address
12724 Gran Bay Parkway, W., Suite 400
City				State	Zip
Jacksonville				FL	32258
Phone	Ext	Fax	E-Mail Address
(904) 360 - 3038			kandrews@thedoctors.com

Insured Information

Type	First Name		MI	Last Name
Individual	Emery		M	Salom
Insurer Type		Street Address of Practice
Licensed		12741 Miramar Pkwy Suite 302
City		State	Zip Code	County
Miramar		FL	33027	Broward
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
FP-86949		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME77021		Gynecology - Minor 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
			F	Dade
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
DOCTORS' MEMORIAL HOSPITAL (BONIFAY)		100078
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
1/4/2007		1/29/2009

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
The patient sough treatment for vaginal bleeding, blood clots, multiple fibroids and right ovarian cyst. The diagnosis was multiple fibroids and endometrial thickening.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
The patient underwent a total laparoscopic hysterectomy and bilateral salpingo-oophorectomy.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged that the insured failed timely to diagnose and treat bowel perforation and unnecessary surgical procedure.
Principal Injury Giving Rise To The Claim
Significant permanent injury and bowel perforation.
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
9/11/2009			0965817CA09
County Suit Filed in			Date of Final Disposition
Dade			12/14/2016
Other Defendants Involved in this Claim
Doctor's Hospital, Inc. Mendez, MD, Luis E 21st Century Oncology, Inc.
Stage of Legal System at which Settlement was Reached or Award Made
During appeal.
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
Other			Case Dismissed
Arbitration
Claim not subject to Arbitration.
Date of Payment
12/14/2016

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$4,080,000

Loss Adjust Expense Paid to Defense Counsel

$215,032

All Other Loss Adjustment Expense Paid

$82,185

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

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. DAVID GLABMAN Medical Malpractice Lawsuits - Court Case # 01-19747 CA 24

Indemnity Paid: $3,650,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200747663
Claim Number :	E30130
Date Submitted :	6/26/2008

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Maria			Gonzalez
Street Address
2801 SW 149th Avenue, Suite 200
City				State	Zip
Miramar				FL	33027
Phone	Ext	Fax	E-Mail Address
(954) 602 - 5834			mgonzalez@pronational.com

Insured Information

Type	First Name		MI	Last Name
Individual	David			Glabman
Insurer Type		Street Address of Practice
Licensed		7800 SW 87 Avenue, Suite A100
City		State	Zip Code	County
Miami		FL	33173	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
PNFL-1001355-03		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME39567		Internal Medicine - No Surgery		0

Medical Malpractice Closed Claims Report

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

Date of Occurrence		Date Reported to Insurer
8/26/1999		4/19/2001

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Lupus Erythematosus
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
There was no operation performed
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
There was no misdiagnosis made
Principal Injury Giving Rise To The Claim
It is alleged there was a delay in diagnosis of lupus erythematosus resulting in the patient's demise
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
8/22/2001			01-19747 CA 24
County Suit Filed in			Date of Final Disposition
Dade			10/22/2007
Other Defendants Involved in this Claim
David Glabman, MDPA
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
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$3,650,000

Loss Adjust Expense Paid to Defense Counsel

$137,208

All Other Loss Adjustment Expense Paid

$339,105

Injured Person's Total Non-Economic Loss

$3,650,000

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

Insured discussed claim with insurance personnel and medical experts.

Updates

Date of Change:

6/26/2008 8:57:18 AM

Reason for Change:

Additional invoices were paid after file closed and reimbursements were also made.

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	136351	137208
All Other Loss Adjustment Expense Paid	361810	339105

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Dr. JOSEPH HERNANDEZ Medical Malpractice Lawsuits - Court Case # 0317334CA21

Indemnity Paid: $3,000,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200433707
Claim Number :	40-009096
Date Submitted :	12/9/2004

Insurer Information

Insurer Name				Coverage Type
TRUCK INSURANCE EXCHANGE				Primary
Insurer FEIN		Professional License Number
95-2575892
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Natalie			Barley
Street Address
4601 Wilshire Blvd., Suite 100
City				State	Zip
Los Angeles				CA	90010
Phone	Ext	Fax	E-Mail Address
(323) 930 - 4152			natalie.barley@farmersinsurance.com

Insured Information

Type	First Name		MI	Last Name
Individual	JOSEPH			HERNANDEZ
Insurer Type		Street Address of Practice
Licensed		2415 CASTILLA ISLE
City		State	Zip Code	County
FORT LAUDERDALE		FL	33301	Broward
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
01177761300000014		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME44356		Family Physicians or General Practitioners - Minor Surgery

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Emergency Room
Name of Institution		Code
PAN AMERICAN HOSPITAL		100076
Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
4/16/2002		3/12/2003

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
ALLEGED FAILURE TO DIAGNOSE AN ACUTE CORONARY SYNDROME, WHICH RESULTED IN THE PATIENTS DEMISE.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
THE PATIENT HAS A NONPRODUCTIVE COUGH AND FELT LIKE A FOREIGN OBJECT WAS OBSTRUCTING AIRWAY. AN EKG REVEALED RESOLVED ISCHEMIA AND ATRIAL FIBRATION. LABS, CARDIAC ENZYMES AND TROPONIN LEVELS WERE NORMAL. SOLUMEDROL WAS GIVEN AND RESPIRATORY THERAPY STARTED. THE PATIENT WAS DIAGNOSED AS HAVING ACUTE AXACERBATION OF BRONCHITIS. THE PATIENT NOTED HE FELT BETTER AND WAS DISCHARGED.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
ALLEGED FAILURE TO DIAGNOSE ACUTE CORONARY SYNDROME, WHICH RESULTED IN THE PATIENTS DEMISE.
Principal Injury Giving Rise To The Claim
ALLEGED FAILURE TO DIAGNOSE ACUTE CORONARY SYNDROME, WHICH RESULTED IN THE PATIENTS DEMISE.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
2/2/2004			0317334CA21
County Suit Filed in			Date of Final Disposition
Dade			11/16/2004
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 not subject to Arbitration.
Date of Payment
11/16/2004

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

$41,813

All Other Loss Adjustment Expense Paid

$5,255

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$900	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

THIS IS A RISK MANAGEMENT ISSUE. THERE ARE NO RISK MANAGEMENT SERVICES AVALIBLE TO THE INSURED.

Updates

No updates found.

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Dr. ROBERTO Z REYNA Medical Malpractice Lawsuits - Court Case # 03-09291 CA 13

Indemnity Paid: $2,500,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200747855
Claim Number :	120025
Date Submitted :	6/25/2008

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Maria			Gonzalez
Street Address
2801 SW 149th Avenue, Suite 200
City				State	Zip
Miramar				FL	33027
Phone	Ext	Fax	E-Mail Address
(954) 602 - 5834			mgonzalez@pronational.com

Insured Information

Type	First Name		MI	Last Name
Individual	Roberto		Z	Reyna
Insurer Type		Street Address of Practice
Licensed		3661 South Miami Avenue, Suite 609
City		State	Zip Code	County
Miami		FL	33133	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP37820		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME26775		Surgery - Cardiovascular Disease		0

Medical Malpractice Closed Claims Report

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
Hospital Inpatient Facility
Name of Institution		Code
MERCY HOSPITAL, INC.		100061
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
7/12/2002		12/30/2002

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Coronary artery disease
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Quadruple bypass surgery
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
There was no misdiagnosis made
Principal Injury Giving Rise To The Claim
Cerebral Vascular Accident
Severity Of Injury
Permanent: Grave - Quadraplegia, severe brain damage, lifelong care or fatal prognosis.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
4/16/2003			03-09291 CA 13
County Suit Filed in			Date of Final Disposition
Dade			11/21/2007
Other Defendants Involved in this Claim
Cardio-Vascular Surgery International, Inc.
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

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$2,500,000

Loss Adjust Expense Paid to Defense Counsel

$70,116

All Other Loss Adjustment Expense Paid

$66,629

Injured Person's Total Non-Economic Loss

$2,500,000

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

Insured discussed claim with medical experts and insurance personnel.

Updates

Date of Change:

6/25/2008 9:18:33 AM

Reason for Change:

Additional invoices were paid after file closed.

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	45608	70116
All Other Loss Adjustment Expense Paid	60468	66629

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Dr. ORLANDO X ARCE Medical Malpractice Lawsuits - Court Case # 014526CA03

Indemnity Paid: $2,000,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200534837
Claim Number :	MM00000196-09T004
Date Submitted :	4/6/2005

Insurer Information

Insurer Name				Coverage Type
AMERICAN CONTINENTAL INSURANCE COMPANY				Excess
Insurer FEIN		Professional License Number
44-0648645
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Patrice		A	Kane
Street Address
3230 West Commercial Blvd., #390
City				State	Zip
Ft. Lauderdale				FL	33309
Phone	Ext	Fax	E-Mail Address
(954) 677 - 3324	3324	(954) 735 - 9028	Pat.Kane@stpaul.com

Insured Information

Type	First Name		MI	Last Name
Individual	ORLANDO		X	ARCE
Insurer Type		Street Address of Practice
Licensed		7765 SW 87th Avenue, Bldg. A, Suite 110
City		State	Zip Code	County
Miami		FL	33173	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MM00000196		$10,000,000		$10,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME77741		Neonatal/Perinatal Medicine		01

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
MIAMI CHILDREN'S HOSPITAL		110199
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
6/26/1999		4/20/2004

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Pulmonary blood clot
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleging code mismanaged by delay in intubation
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis
Principal Injury Giving Rise To The Claim
Exacerbation of neurological impairment
Severity Of Injury
Permanent: Grave - Quadraplegia, severe brain damage, lifelong care or fatal prognosis.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
2/22/2001			014526CA03
County Suit Filed in			Date of Final Disposition
Dade			3/7/2005
Other Defendants Involved in this Claim
MIAMI CHILDREN'S HOSPITAL
Stage of Legal System at which Settlement was Reached or Award Made
Within 90 days of suit being filed.
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment
3/7/2005

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$2,000,000

Loss Adjust Expense Paid to Defense Counsel

$135,024

All Other Loss Adjustment Expense Paid

$58,000

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$0	$2,000,000
Wage Loss	$0	$0
Other Expenses	$0	$0

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

None known

Updates

No updates found.

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Dr. ABELARDO VARGAS Medical Malpractice Lawsuits - Court Case # 01-6325 CA 32

Indemnity Paid: $1,599,329.00

Medical Malpractice Closed Claims Report

Department File Number :	M200643080
Claim Number :	E30211
Date Submitted :	3/2/2009

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Maria			Gonzalez
Street Address
2801 SW 149th Avenue, Suite 200
City				State	Zip
Miramar				FL	33027
Phone	Ext	Fax	E-Mail Address
(954) 602 - 5834			mgonzalez@pronational.com

Insured Information

Type	First Name		MI	Last Name
Individual	Abelardo			Vargas
Insurer Type		Street Address of Practice
Licensed		250 W. 63rd Street, Suite 8D
City		State	Zip Code	County
Miami Beach		FL	33141	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
PNFL-0286400-00		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME18625		Surgery - Thoracic		0

Medical Malpractice Closed Claims Report

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
Other Location		On the job
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury

Date of Occurrence		Date Reported to Insurer
1/11/2000		5/18/2001

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Compartment syndrome.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
There was no operation performed.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
There was no misdiagnosis made.
Principal Injury Giving Rise To The Claim
Arthrofibrosis and ankylosis of digits of left hand.
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 Suit			Circuit Court Case Number
11/7/2001			01-6325 CA 32
County Suit Filed in			Date of Final Disposition
Dade			5/7/2007
Other Defendants Involved in this Claim
Inphynet Contracting Services, Inc. Abelardo Vargas, MD, PA
Stage of Legal System at which Settlement was Reached or Award Made
During appeal.
Final Method of Claim Disposition
Disposed of by Court
Court Decision			Other
Judgment for the plaintiff.
Arbitration
Claim not subject to Arbitration.
Date of Payment

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$1,599,329

Loss Adjust Expense Paid to Defense Counsel

$86,586

All Other Loss Adjustment Expense Paid

$122,809

Injured Person's Total Non-Economic Loss

$1,599,329

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

Insured discussed claim with insurance personnel and medical experts.

Updates

Date of Change:

5/22/2007 10:25:09 AM

Reason for Change:

Case settled in the amount of $1,599,329.12 during the appeal process.

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	72917	103880
Indemnity Paid	0	1599329
Injured Person Total Non-Economic Loss	0	1599329
Settlement Reached	0	1
Amount of Loss Adjustment Expense Paid to Defense Counsel	42212	77818
Legal System Stage	After court verdict and prior to filing of notice of appeal.	During appeal.

Date of Change:

6/22/2007 10:16:08 AM

Reason for Change:

Increase is due to additional invoices being paid after file closed.File settled on 05/07/07 after appeal.

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	103880	122794
Amount of Loss Adjustment Expense Paid to Defense Counsel	77818	85326
Date of Final Disposition	18-OCT-06	07-MAY-07

Date of Change:

3/2/2009 11:52:14 AM

Reason for Change:

Additional invoices paid after file closed.

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	122794	122809
Amount of Loss Adjustment Expense Paid to Defense Counsel	85326	86586

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Dr. ROBERTO ARCE Medical Malpractice Lawsuits - Court Case # 02-17949 CA05

Indemnity Paid: $1,588,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200639506
Claim Number :	E30263
Date Submitted :	10/20/2006

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Maria			Gonzalez
Street Address
2801 SW 149th Avenue, Suite 200
City				State	Zip
Miramar				FL	33027
Phone	Ext	Fax	E-Mail Address
(954) 602 - 5834			mgonzalez@pronational.com

Insured Information

Type	First Name		MI	Last Name
Individual	Roberto			Arce
Insurer Type		Street Address of Practice
Licensed		11020 N. Kendall Drive, Suite 102-C
City		State	Zip Code	County
Miami		FL	33176	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
PNFL-0009825-02		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME42856		Cardiovascular Disease - Minor Surgery		0

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
COLUMBIA KENDALL MEDICAL CENTER		100209
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
3/14/2001		6/7/2001

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Atrial fibrillation.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Anticoagulation
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
There was no misdiagnosis made.
Principal Injury Giving Rise To The Claim
Hemorrhagic stroke.
Severity Of Injury
Permanent: Grave - Quadraplegia, severe brain damage, lifelong care or fatal prognosis.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
7/15/2002			02-17949 CA05
County Suit Filed in			Date of Final Disposition
Dade			1/27/2006
Other Defendants Involved in this Claim
Columbia Kendall Medical Center Xiques, Sergio J
Stage of Legal System at which Settlement was Reached or Award Made
After notice of appeal is filed or post judgment relief of action is required for recovery.
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
Judgment for the plaintiff.
Arbitration
Claim not subject to Arbitration.
Date of Payment
1/16/2006

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$1,588,000

Loss Adjust Expense Paid to Defense Counsel

$123,790

All Other Loss Adjustment Expense Paid

$95,807

Injured Person's Total Non-Economic Loss

$1,588,000

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

Insured discussed claim with insurance personnel and medical experts.

Updates

Date of Change:

5/23/2006 3:10:52 PM

Reason for Change:

Additional expenses were submitted after 02/15/06, thus "Loss Adjust Expenses Paid to Defense Counsel" increased to $123,790 and "All Other Loss Adjustment Expense Paid" increased to $95,743.

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	68919	95743
Amount of Loss Adjustment Expense Paid to Defense Counsel	115464	123790

Date of Change:

10/20/2006 10:00:15 AM

Reason for Change:

"Other Loss Adjustment" has increased due to additional invoices being paid.

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	95743	95807

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Dr. BARRY J CUTLER Medical Malpractice Lawsuits - Court Case # 98-2752 CA 04

Indemnity Paid: $1,550,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200538933
Claim Number :	E26343-01
Date Submitted :	12/16/2005

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Maria			Gonzalez
Street Address
2801 SW 149th Avenue, Suite 200
City				State	Zip
Miramar				FL	33027
Phone	Ext	Fax	E-Mail Address
(954) 602 - 5834			mgonzalez@pronational.com

Insured Information

Type	First Name		MI	Last Name
Individual	Barry		J	Cutler
Insurer Type		Street Address of Practice
Licensed		12596 PINES BLVD
City		State	Zip Code	County
PEMBROKE PINES		FL	33027-1766	Broward
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
PNFL-0057800-00		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME30223		Neurology - Including Child - No Surgery		0

Medical Malpractice Closed Claims Report

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
Hospital Inpatient Facility
Name of Institution		Code
PARKWAY REGIONAL MEDICAL CENTER		100114
Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
12/28/1996		9/22/1997

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Dissecting aortic aneurysm resulting in death
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
There was no operation, diagnostic or treatment procedure that caused the injury
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
There was no misdiagnosis made of the patient's actual condition
Principal Injury Giving Rise To The Claim
Dissecting aortic aneurysm resulting in death
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
2/5/1998			98-2752 CA 04
County Suit Filed in			Date of Final Disposition
Dade			11/9/2005
Other Defendants Involved in this Claim
Barry J. Cutler, M.D., P.A. Miami-Dade County, FL Miami-Dade County Fire Rescue EMS Division
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
Judgment for the plaintiff.
Arbitration
Claim not subject to Arbitration.
Date of Payment
11/16/2005

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$1,550,000

Loss Adjust Expense Paid to Defense Counsel

$198,398

All Other Loss Adjustment Expense Paid

$151,602

Injured Person's Total Non-Economic Loss

$1,550,000

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

Insured discussed claim with insurance personnel and medical experts.

Updates

No updates found.

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Dr. MELINDA V RULLAN Medical Malpractice Lawsuits - Court Case # 03-02352 CA11

Indemnity Paid: $1,536,300.00

Medical Malpractice Closed Claims Report

Department File Number :	M200641688
Claim Number :	130328
Date Submitted :	2/27/2009

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Maria			Gonzalez
Street Address
2801 SW 149th Avenue, Suite 200
City				State	Zip
Miramar				FL	33027
Phone	Ext	Fax	E-Mail Address
(954) 602 - 5834			mgonzalez@pronational.com

Insured Information

Type	First Name		MI	Last Name
Individual	Melinda		V	Rullan
Insurer Type		Street Address of Practice
Licensed		8900 N. Kendall Drive, Suite 413
City		State	Zip Code	County
Miami		FL	33176	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP40906		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME82873		Intensive Care Medicine		0

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
BAPTIST HOSPITAL		100093
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
8/26/2001		4/27/2004

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Intracranial hemorrhage
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged failure to order neurological work-up, administer Vitamin K and fresh frozen plasma
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
There was no misdiagnosis made
Principal Injury Giving Rise To The Claim
Intracranial hemorrhage
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
4/27/2004			03-02352 CA11
County Suit Filed in			Date of Final Disposition
Dade			2/14/2006
Other Defendants Involved in this Claim
Schrager, Bernard Gastroenterology Care Center, Inc. Slomianski, Arie
Stage of Legal System at which Settlement was Reached or Award Made
After notice of appeal is filed or post judgment relief of action is required for recovery.
Final Method of Claim Disposition
Disposed of by Court
Court Decision			Other
Judgment for the plaintiff.
Arbitration
Claim not subject to Arbitration.
Date of Payment
2/14/2006

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$1,536,300

Loss Adjust Expense Paid to Defense Counsel

$57,360

All Other Loss Adjustment Expense Paid

$53,119

Injured Person's Total Non-Economic Loss

$1,536,300

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

Insured discussed claim with insurance personnel and medical experts.

Updates

Date of Change:

6/8/2007 9:10:44 AM

Reason for Change:

An additional $300,000 was paid for plaintiff's attorney's fees and costs ($16,103 costs & $283,897 attorney's fees).

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	48301	65409
Indemnity Paid	1236300	1536300
Injured Person Total Non-Economic Loss	1236300	1536300
Amount of Loss Adjustment Expense Paid to Defense Counsel	36962	54647

Date of Change:

8/27/2007 11:40:25 AM

Reason for Change:

Additional invoices were paid after file closed.

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	65409	65579
Amount of Loss Adjustment Expense Paid to Defense Counsel	54647	57345

Date of Change:

2/27/2009 2:52:37 PM

Reason for Change:

Addl invoices were paid and adjustments were made after file closed.

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	65579	53119
Amount of Loss Adjustment Expense Paid to Defense Counsel	57345	57360

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View All Medical Malpractice Cases In Dade County Florida

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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?

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?

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.

Medical Malpractice Cases