Medical Malpractice Cases

Medical Malpractice Cases In Madison County Florida

Dr. ADOLFO C DULAY Medical Malpractice Lawsuits - Court Case # 2014-CA-19

Indemnity Paid: $225,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201472904
Claim Number : 308278
Date Submitted : 12/10/2014
 
Insurer Information
 
Insurer Name Coverage Type
DOCTORS COMPANY, AN INTERINSURANCE EXCHANGE (THE) Primary
Insurer FEIN Professional License Number
95-3014772  
Insurer Contact Information
Type First Name MI Last Name
Individual Angela   LaFrance
Street Address
13450 W. Sunrise Blvd., Suite 320
City State Zip
Sunrise FL 33323
Phone Ext Fax E-Mail Address
(954) 838 - 9988   (866) 636 - 5421 alafrance@thedoctors.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualAdolfoCDulay
Insurer TypeStreet Address of Practice
Licensed228 NE Hancock Avenue
CityStateZip CodeCounty
MadisonFL32340Madison
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
911158$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME27368Family Physicians or General Practitioners - 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
 MLeon
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
OtherExam room
Date of OccurrenceDate Reported to Insurer
9/6/20117/16/2013
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Hypertension.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Patient seen by insured for check-up.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
End stage renal disease.
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
3/3/20142014-CA-19
County Suit Filed inDate of Final Disposition
Madison11/21/2014
Other Defendants Involved in this Claim
Adolfo C. Dulay, MD, PA
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
11/7/2014
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$225,000
Loss Adjust Expense Paid to Defense Counsel$195,000
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$225,000$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.

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Dr. IRA J SEASHOLTZ Medical Malpractice Lawsuits - Court Case # 06CA00374

Indemnity Paid: $12,500.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201056883
Claim Number :277655
Date Submitted :8/31/2010
 
Insurer Information
 
Insurer NameCoverage Type
MEDICAL PROTECTIVE COMPANY (THE)Primary
Insurer FEINProfessional License Number
35-0506406 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualMyra  Lassen
Street Address
5814 Reed Road
CityStateZip
Fort WayneIN46835
PhoneExtFaxE-Mail Address
(260) 486 - 0438  reportaclaim@medpro.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualIRAJSEASHOLTZ
Insurer TypeStreet Address of Practice
Licensed201 E MARION ST
CityStateZip CodeCounty
MadisonFL32340Madison
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
611875$500,000$1,500,000
Profession or BusinessOther Profession or Business
Osteopathic Physician 
License NumberSpecialty Code & ClassificationCertification Number
OS3579Radiology - Diagnostic - No Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MMadison
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
3/9/20059/13/2006
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
TOE INFECTION
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
ANTIBIOTICS PRESCRIBED
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
ALLEGE IMPROPER TREATMENT
Principal Injury Giving Rise To The Claim
FURTHER PAIN & SUFFERING
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
8/30/200606CA00374
County Suit Filed inDate of Final Disposition
Madison3/17/2010
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
3/17/2010
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$12,500
Loss Adjust Expense Paid to Defense Counsel$90,938
All Other Loss Adjustment Expense Paid$54,359
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
 
 
Date of Change:7/7/2010 10:09:07 PM
Reason for Change:updated month on date of birth
 
Field ChangedFormer ValueNew Value
Injured Person Date of Birth13-SEP-6813-AUG-68
Per Claim Policy Limits1000000500000
Aggregate Policy Limits30000001500000
 
Date of Change:8/31/2010 4:03:10 PM
Reason for Change:Updated ALE & Exp
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid5435654359
Amount of Loss Adjustment Expense Paid to Defense Counsel9025990938

 

 

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View All Medical Malpractice Cases In Madison County Florida

Search For Medical Malpractice Cases By ZipCode in Madison County

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Medical Malpractice Lawyers in Madison county

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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?

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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