Medical Malpractice Cases

Medical Malpractice Cases In Flagler County Florida

Dr. DIVYA PINGLE Medical Malpractice Lawsuits - Court Case # 15-CA-95

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201678120
Claim Number : PLFHF079910
Date Submitted : 5/5/2016
 
Insurer Information
 
Insurer Name Coverage Type
Florida Hospital Flagler Primary
Insurer FEIN Professional License Number
59-2951990 4465
Insurer Contact Information
Type First Name MI Last Name
Individual Matthew   Evans
Street Address
900 Hope Way
City State Zip
Altamonte Springs FL 32712
Phone Ext Fax E-Mail Address
(407) 357 - 2272     matt.evans@ahss.org
 
Insured Information
 
TypeFirst NameMILast Name
IndividualDIVYA PINGLE
Insurer TypeStreet Address of Practice
Self-Insurer301 MEMORIAL MEDICAL PKWY
CityStateZip CodeCounty
Daytona BeachFL32117Volusia
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
8258 -2014 $1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME96478Internal Medicine - 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
 MFlagler
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
MEMORIAL HOSPITAL - FLAGLER100118
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
12/16/201210/8/2014
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
PATIENT WITH HISTORY OF OPIATE USE AND ALCOHOLISM, ADMITTED THROUGH ED TO ICU WITH SOB, COPD, PTSD, HYPOTENSION AND RF.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
RESUSCITATION AND INTUBATION FOLLOWING RESPIRATORY ARREST AND CODE.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
ALLEGED NEGLIGENT FAILURE OF THE PHYSICIAN TO HAVE PROPERLY EVALUATED AND MONITORED THE PATIENT'S ARTERIAL BLOOD GAS AND CARBON DIOXIDE LEVELS AND IDENTIFY HIM ASBEING HIGH RISK FOR RESPIRATORY FAILURE PRIOR TO THE ADMINISTRATION OF BENZODIAZEPINES, WHICH PLAINTIFF CLAIMS RESULTED IN THE PATIENT'S RESPIRATORY STATUS DETERIORATING AND CULMINATING IN A RESPIRATORY ARREST AND SEVERE HYPOXIA.
Severity Of Injury
Permanent: Grave - Quadraplegia, severe brain damage, lifelong care or fatal prognosis.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
2/23/201515-CA-95
County Suit Filed inDate of Final Disposition
Flagler2/4/2016
Other Defendants Involved in this Claim
Florida Hospital Flagler
Rubio, Roberto
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
2/4/2016
 
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$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
n/a
 
Updates
 
No updates found.

 

 

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

This page is not displaying certain sensitive information.

Dr. ROBERTO RUBIO Medical Malpractice Lawsuits - Court Case # 15-CA-95

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201678121
Claim Number : PLFHF079910
Date Submitted : 5/5/2016
 
Insurer Information
 
Insurer Name Coverage Type
Florida Hospital Flagler Primary
Insurer FEIN Professional License Number
59-2951990 4465
Insurer Contact Information
Type First Name MI Last Name
Individual Matthew   Evans
Street Address
900 Hope Way
City State Zip
Altamonte Springs FL 32712
Phone Ext Fax E-Mail Address
(407) 357 - 2272     matt.evans@ahss.org
 
Insured Information
 
TypeFirst NameMILast Name
IndividualROBERTO RUBIO
Insurer TypeStreet Address of Practice
Self-Insurer301 MEMORIAL MEDICAL PKWY
CityStateZip CodeCounty
Daytona Beach FL32117Volusia
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
8258 -2014 $1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME103608Family 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
 MFlagler
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
MEMORIAL HOSPITAL - FLAGLER100118
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
12/16/201210/8/2014
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
PATIENT WITH HISTORY OF OPIATE USE AND ALCOHOLISM, ADMITTED THROUGH ED TO ICU WITH SOB, COPD, PTSD, HYPOTENSION AND RF.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
RESUSCITATION AND INTUBATION FOLLOWING RESPIRATORY ARREST AND CODE.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
ALLEGED NEGLIGENT FAILURE OF THE PHYSICIAN TO HAVE PROPERLY EVALUATED AND MONITORED THE PATIENT'S ARTERIAL BLOOD GAS AND CARBON DIOXIDE LEVELS AND IDENTIFY HIM AS BEING HIGH RISK FOR RESPIRATORY FAILURE PRIOR TO THE ADMINISTRATION OF BENZODIAZEPINES, WHICH PLAINTIFF CLAIMS RESULTED IN THE PATIENT'S RESPIRATORY STATUS DETERIORATING AND CULMINATING IN A RESPIRATORY ARREST AND SEVERE HYPOXIA.
Severity Of Injury
Permanent: Grave - Quadraplegia, severe brain damage, lifelong care or fatal prognosis.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
2/23/201515-CA-95
County Suit Filed inDate of Final Disposition
Flagler2/4/2016
Other Defendants Involved in this Claim
Florida Hospital Flagler
PINGLE, DIVYA
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
2/4/2016
 
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$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
n/a
 
Updates
 
No updates found.

 

 

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

This page is not displaying certain sensitive information.

Dr. GLENN D ZIMMET Medical Malpractice Lawsuits - Court Case # 2009 Ca 001658

Indemnity Paid: $850,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201057731
Claim Number :SHI-09-85516
Date Submitted :6/28/2010
 
Insurer Information
 
Insurer NameCoverage Type
CONTINENTAL CASUALTY COMPANYPrimary
Insurer FEINProfessional License Number
36-2114545 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualNancyJThomas
Street Address
9821 Katy Freeway
CityStateZip
HoustonTX77024
PhoneExtFaxE-Mail Address
(713) 935 - 8868 (713) 461 - 8130nancy_thomas@ajg.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualGlennDZimmet
Insurer TypeStreet Address of Practice
Licensed1340 Dovercourt Lane
CityStateZip CodeCounty
Ormond BeachFL32174Volusia
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
HAZ1064401339-6$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Osteopathic Physician 
License NumberSpecialty Code & ClassificationCertification Number
OS9840Anesthesiology 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MFlagler
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
MEMORIAL HOSPITAL - FLAGLER100118
Location of Institutional InjuryOther Location of Institutional Injury
Special Procedure Room 
Date of OccurrenceDate Reported to Insurer
11/27/20062/26/2009
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Feeding tube placement for patient with tongue resection due to cancer
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Failure to appreciate anatomical deviation prior to placement of feeding tube.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Failure to obtain adequate pre-anesthesia evaluation and failure to protect airway
Principal Injury Giving Rise To The Claim
Respiratory arrest, prolonged hypoxia
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
10/20/20092009 Ca 001658
County Suit Filed inDate of Final Disposition
Flagler6/25/2010
Other Defendants Involved in this Claim
Iwanski, D.O., Dorothy
Zak, III, MD, Jon
Memorial Hospital Flagler
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 subject to arbitration, but settlement reached in lieu of award.
Date of Payment
4/27/2010
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$850,000
Loss Adjust Expense Paid to Defense Counsel$52,469
All Other Loss Adjustment Expense Paid$4,351
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
Unknown
 
Updates
 
No updates found.

 

 

This page is not displaying certain sensitive information.

Dr. ALLAN C OGLESBY Medical Malpractice Lawsuits - Court Case # 05-000192CA

Indemnity Paid: $600,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200744573
Claim Number :HPFMOMP015906
Date Submitted :2/26/2007
 
Insurer Information
 
Insurer NameCoverage Type
Oglesby, Allan CPrimary
Insurer FEINProfessional License Number
59-0973502ME60915
Insurer Contact Information
TypeFirst NameMILast Name
IndividualJudith AHenderson
Street Address
111 North Orlando Avenue
CityStateZip
Winter ParkFL32789
PhoneExtFaxE-Mail Address
(407) 975 - 1459 (407) 975 - 1570judith.henderson@ahss.org
 
Insured Information
 
TypeFirst NameMILast Name
IndividualAllanCOglesby
Insurer TypeStreet Address of Practice
Self-Insurer61 Memorial Medical Parkway, Suite 3815
CityStateZip CodeCounty
Palm CoastFL32164Flagler
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
8528-2004$15,000,000$15,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME60915Internal Medicine - No Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MFlagler
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
MEMORIAL HOSPITAL-WEST VOLUSIA100045
Location of Institutional InjuryOther Location of Institutional Injury
OtherPhysician Office
Date of OccurrenceDate Reported to Insurer
4/22/200411/22/2004
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Routine checkup with lab work.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged failure to follow up on elevated PSA resulted in delay diagnosis and prostate cancer.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Cancer.
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
8/30/200405-000192CA
County Suit Filed inDate of Final Disposition
Flagler1/18/2006
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
12/19/2005
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$600,000
Loss Adjust Expense Paid to Defense Counsel$26,864
All Other Loss Adjustment Expense Paid$8,177
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
Appropriate steps taken
 
Updates
 
No updates found.

 

 

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

This page is not displaying certain sensitive information.

Dr. JACQUES BENCHIMOL Medical Malpractice Lawsuits - Court Case # 14-CA00017

Indemnity Paid: $590,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201781484
Claim Number : 7011113
Date Submitted : 3/21/2017
 
Insurer Information
 
Insurer Name Coverage Type
FORTRESS INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
36-4159841  
Insurer Contact Information
Type First Name MI Last Name
Individual Janet L Meyer
Street Address
6133 North River Road, Suite 650
City State Zip
Rosemont IL 60018
Phone Ext Fax E-Mail Address
(800) 522 - 6675   (847) 653 - 8485 janet.meyer@fortressins.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJacques Benchimol
Insurer TypeStreet Address of Practice
Licensed1264 Palm Coast Parkway SW
CityStateZip CodeCounty
Palm CoastFL32137Flagler
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
3014106$500,000$1,000,000
Profession or BusinessOther Profession or Business
Dentistry 
License NumberSpecialty Code & ClassificationCertification Number
DN18114Dentists 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FFlagler
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
1/14/201311/8/2013
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient was referred for the extraction of tooth #15.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
The insured extracted tooth #16. The following day the patient returned for extraction of tooth #15.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient alleges the insured wrongfully extracted tooth #16, damaging teeth #s 9 and 12 in the process and improperly extracting tooth #15 causing TMJ disorder.
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs. Includes non-disabling injuries.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
3/15/201414-CA00017
County Suit Filed inDate of Final Disposition
Flagler2/27/2017
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
Directed verdict for plaintiff. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
2/23/2017
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$590,000
Loss Adjust Expense Paid to Defense Counsel$382,357
All Other Loss Adjustment Expense Paid$124,404
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
Unknown
 
Updates
 
No updates found.

 

 

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

This page is not displaying certain sensitive information.

Dr. STEVEN J BROWN Medical Malpractice Lawsuits - Court Case # 03-1168-CA Div 50

Indemnity Paid: $524,766.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200643323
Claim Number :122788
Date Submitted :4/30/2008
 
Insurer Information
 
Insurer NameCoverage Type
PROASSURANCE CASUALTY COMPANYPrimary
Insurer FEINProfessional License Number
38-2317569 
Insurer Contact Information
TypeEntity Name
EntityProNational Insurance Company
Street Address
13919 Carrollwood Village Run
CityStateZip
TampaFL33618
PhoneExtFaxE-Mail Address
(813) 969 - 2010 (813) 969 - 2120SNorris@ProAssurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualStevenJBrown
Insurer TypeStreet Address of Practice
Licensed61 Memorial Medical Parkway, Suite 1-800-B
CityStateZip CodeCounty
Palm CoastFL32164Flagler
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
MP35873$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME68427Surgery - Obstetrics - Gynecology00000

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FFlagler
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
N/A000000
Location of Institutional InjuryOther Location of Institutional Injury
  
Date of OccurrenceDate Reported to Insurer
7/11/20025/15/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Lump in breast.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Patient sent for mammogram.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis.
Principal Injury Giving Rise To The Claim
Breast cancer resulting in mastectomy.
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
10/1/200303-1168-CA Div 50
County Suit Filed inDate of Final Disposition
Flagler11/16/2006
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
Disposed of by Court
Court DecisionOther
Judgment for the plaintiff. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
4/24/2008
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$524,766
Loss Adjust Expense Paid to Defense Counsel$162,657
All Other Loss Adjustment Expense Paid$100,142
Injured Person's Total Non-Economic Loss$524,766
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 has discussed case with insurance company personnel, medical experts and defense counsel.
 
Updates
 
 
Date of Change:4/30/2008 10:57:24 AM
Reason for Change:Update to reflect indemnity payment, as well as additional legal fees an expenses paid.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid37545100142
Indemnity Paid425000524766
Legal System StageAfter court verdict and prior to filing of notice of appeal.After appeal.
Amount of Loss Adjustment Expense Paid to Defense Counsel56758162657
Injured Person Total Non-Economic Loss0524766

 

 

This page is not displaying certain sensitive information.

Dr. JOHN ZAK Medical Malpractice Lawsuits - Court Case # 2009CA 001658

Indemnity Paid: $450,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201057347
Claim Number :38308-01
Date Submitted :5/18/2010
 
Insurer Information
 
Insurer NameCoverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INCPrimary
Insurer FEINProfessional License Number
59-6614702 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualOdessa Choice
Street Address
1000 Riverside Avenue, Suite 800
CityStateZip
JacksonvilleFL32204
PhoneExtFaxE-Mail Address
(800) 741 - 37423045(904) 358 - 6728odessa.choice@fpic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJohn Zak
Insurer TypeStreet Address of Practice
Licensed21 Hospital Drive, Ste 250
CityStateZip CodeCounty
Palm CoastFL32164Flagler
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
15690$500,000$1,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME51680Surgery - Gastroenterology80274

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MFlagler
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
FLAGLER HOSPITAL100090
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
11/29/20062/19/2009
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Placement of PEG tube and removal of nasogastric tube to prevent recurring infections.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Removal of nasogastric tube and placement of PEG tube under anesthesia.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
Anoxic brain injury, impaired motor skills, memory defects.
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
10/15/20092009CA 001658
County Suit Filed inDate of Final Disposition
Flagler4/27/2010
Other Defendants Involved in this Claim
Iwanski, D.O., Dorothy
Memorial Hospital-Flagler, Inc.
Zimmet, D.O., Glenn
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
4/27/2010
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$450,000
Loss Adjust Expense Paid to Defense Counsel$17,366
All Other Loss Adjustment Expense Paid$6,613
Injured Person's Total Non-Economic Loss$450,000
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
Insurance company staff consulted with insured to discuss preventative measures. Risk management referral is made if appropriate.
 
Updates
 
No updates found.

 

 

This page is not displaying certain sensitive information.

Dr. VINCENT J CARACCIOLO Medical Malpractice Lawsuits - Court Case # 2017-CA*000711

Indemnity Paid: $357,500.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201988661
Claim Number : 70954-A
Date Submitted : 5/3/2019
 
Insurer Information
 
Insurer Name Coverage Type
MEDMAL DIRECT INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
27-2813188  
Insurer Contact Information
Type First Name MI Last Name
Individual Dan   Dupre
Street Address
76 S. Laura St., Suite 900
City State Zip
Jacksonville FL 32202
Phone Ext Fax E-Mail Address
(904) 482 - 4068   (888) 974 - 6458 claims@medmaldirect.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualVincentJCaracciolo
Insurer TypeStreet Address of Practice
Licensed3901 University Boulevard South
CityStateZip CodeCounty
JacksonvilleFL32216Duval
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
FL708556$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME90994Surgery - Vascular 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MFlagler
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
FLAGLER HOSPITAL100090
Location of Institutional InjuryOther Location of Institutional Injury
OtherEmergency Room
Date of OccurrenceDate Reported to Insurer
10/14/20168/23/2017
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Aortic valve stenosis and chronic shortness of breath and ultimately cardiac failure.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Office consultation and referral for diagnostic testing.
Diagnostic Code :09
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to immediately send the patient to the ER for aggressive and invasive cardiac work up.
Principal Injury Giving Rise To The Claim
Death.
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
12/15/20172017-CA*000711
County Suit Filed inDate of Final Disposition
Flagler4/5/2019
Other Defendants Involved in this Claim
First Coast Heart & Vascular Center, P.A.
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
4/3/2019
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$357,500
Loss Adjust Expense Paid to Defense Counsel$73,065
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
Comprehensive internal review of protocol for treating cardiac patients.
 
Updates
 
No updates found.

 

Dr. ROBERT C BIANCO Medical Malpractice Lawsuits - Court Case # 2013-CA-497

Indemnity Paid: $350,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201680326
Claim Number : FP4344601
Date Submitted : 11/17/2016
 
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
 
TypeFirst NameMILast Name
IndividualRobertCBianco
Insurer TypeStreet Address of Practice
Licensed14 office Park Drive, Suite #1
CityStateZip CodeCounty
Palm CoastFL32137Flagler
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
FP-IN068165$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME57906Cardiovascular Disease - Minor Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FFlagler
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Hospital/InstitutionFlorida Hospital - Flagler
Name of InstitutionCode
FLORIDA COASTAL SURGERY CENTER14960349
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
8/23/20118/20/2012
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
The patient presented to the ED with fever, diaphoresis and heart palpitations. She has recovered.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
The patient underwent evaluation for an infection.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Removal of AICD lead due to infection.
Severity Of Injury
Temporary: Major - Burns, surgical material left, drug side effect, brain damage. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
6/3/20132013-CA-497
County Suit Filed inDate of Final Disposition
Flagler11/3/2016
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
11/3/2016
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$350,000
Loss Adjust Expense Paid to Defense Counsel$132,806
All Other Loss Adjustment Expense Paid$63,304
Injured Person's Total Non-Economic Loss$350,000
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
Insurance company staff consulted with insured to discuss preventative measures. Patient Safety referral is made if appropriate.
 
Updates
 
No updates found.

 

 

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

This page is not displaying certain sensitive information.

Dr. WILLIAM WANSA Medical Malpractice Lawsuits - Court Case # 2009 CA 003118

Indemnity Paid: $300,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201470675
Claim Number :EMC-09-XS-257480
Date Submitted :5/1/2014
 
Insurer Information
 
Insurer NameCoverage Type
EmCare Holdings, Inc.Primary
Insurer FEINProfessional License Number
75-173235SI
Insurer Contact Information
TypeFirst NameMILast Name
IndividualKathyAStockton
Street Address
9821 Katy Freeway
CityStateZip
HoustonTX77024
PhoneExtFaxE-Mail Address
(713) 935 - 2404 (713) 461 - 8130kathy_stockton@westernlitigation.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualWILLIAM WANSA
Insurer TypeStreet Address of Practice
Self-Insurer49 SPRING MEADOWS DRIVE
CityStateZip CodeCounty
ORMOND BEACHFL32174Volusia
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
EMC-2009-Excess$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME80374Emergency Medicine - No Major Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FFlagler
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
MEMORIAL HOSPITAL - FLAGLER100118
Location of Institutional InjuryOther Location of Institutional Injury
Critical Care Unit 
Date of OccurrenceDate Reported to Insurer
1/3/20087/21/2009
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
HEADACHE
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
NEURO ASSESSMENT WAS DONE ALONG WITH CT SCAN
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
DISCHARGED WITH INSTRUCTIONS TO FOLLOW UP WITH NEUROLOGIST
Principal Injury Giving Rise To The Claim
CEREBRAL ISCHEMIC EVENT.
Severity Of Injury
Temporary: Major - Burns, surgical material left, drug side effect, brain damage.Recovery delayed.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
12/2/20092009 CA 003118
County Suit Filed inDate of Final Disposition
Flagler5/1/2014
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim subject to arbitration, but settlement reached in lieu of award.
Date of Payment
4/8/2014
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$300,000
Loss Adjust Expense Paid to Defense Counsel$81,199
All Other Loss Adjustment Expense Paid$21,435
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
UNKNOWN
 
Updates
 
No updates found.

 

 

This page is not displaying certain sensitive information.

View All Medical Malpractice Cases In Flagler County Florida

Search For Medical Malpractice Cases By ZipCode in Flagler County

320803208632110321173213532136321373216432174329073302434771

Medical Malpractice Lawyers in Flagler county

    People Also Ask
  • Flagler county amputation lawyers
  • Flagler county failure to diagnose attorneys
  • Flagler county failure to diagnose lawyers
  • Flagler county medical malpractice attorneys
  • Flagler county medical negligence attorneys
  • Flagler county medical negligence lawyers
  • Flagler county surgical error attorneys
  • Flagler county surgical error lawyers
  • Flagler county wrong diagnosis attorneys
  • Flagler county wrong diagnosis lawyers
  • Flagler county wrongful death lawyer
  • medical malpractice attorney Flagler
  • personal injury law firm Flagler county
  • wrongful death lawyers Flagler

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.

AlachuaBakerBayBradfordBrevardBrowardCalhounCharlotteCitrusClayCollierColumbiaDadeDesotoDixieDuvalEscambiaFlaglerFranklinGadsdenHamiltonHardeeHendryHernandoHighlandsHillsboroughIndian RiverJacksonLakeLeeLeonLevyMadisonManateeMarionMartinMonroeNassauOkaloosaOkeechobeeOrangeOsceolaOut of statePalm BeachPascoPinellasPolkPutnamSanta RosaSarasotaSeminoleSt. JohnsSt. LucieSumterSuwanneeTaylorVolusiaWalton