Medical Malpractice Cases

Medical Malpractice Cases In Osceola County Florida

Dr. FRANK J STONE Medical Malpractice Lawsuits - Court Case # 2010-CA-018434

Indemnity Paid: $1,500,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201263967
Claim Number :HPFPMG041644
Date Submitted :5/29/2012
 
Insurer Information
 
Insurer NameCoverage Type
Stone, Frank JPrimary
Insurer FEINProfessional License Number
00-0002009ME62459
Insurer Contact Information
TypeFirst NameMILast Name
IndividualCharlesHEdmands
Street Address
900 Hope Way
CityStateZip
Altamonte SpringsFL32714
PhoneExtFaxE-Mail Address
(407) 357 - 2291  chuck.edmands@ahss.org
 
Insured Information
 
TypeFirst NameMILast Name
IndividualFrankJStone
Insurer TypeStreet Address of Practice
Self-Insurer410 CELEBRATION PLACE, Suite 103
CityStateZip CodeCounty
CelebrationFL34747Osceola
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
8528-2009$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME62459Family Physicians or General Practitioners - No Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FOsceola
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
Otherphysician's office
Date of OccurrenceDate Reported to Insurer
9/22/20083/25/2010
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
hypothyroidism and bipolar disorder
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged failure to appropriately monitor the patient's Lithium level, and recognize and treat her for lithium toxicity, which resulted in her death.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
plz see above
Principal Injury Giving Rise To The Claim
plz see above
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
8/30/20102010-CA-018434
County Suit Filed inDate of Final Disposition
Osceola5/21/2012
Other Defendants Involved in this Claim
Hartley, MD, Todd
Celebration Family Care
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
3/28/2010
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,500,000
Loss Adjust Expense Paid to Defense Counsel$60,834
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
Shared all of unsupportive experts' liability & causation opinions with the assured physician
 
Updates
 
No updates found.

 

 

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Dr. KURT R MAYBERRY Medical Malpractice Lawsuits - Court Case # CI-01MP2238

Indemnity Paid: $1,117,665.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200642073
Claim Number :119953
Date Submitted :8/12/2009
 
Insurer Information
 
Insurer NameCoverage Type
PROASSURANCE CASUALTY COMPANYPrimary
Insurer FEINProfessional License Number
38-2317569 
Insurer Contact Information
TypeEntity Name
EntityPROASSURANCE INDEMNITY COMPANY, INC.
Street Address
13919 Carrollwood Village Run
CityStateZip
TampaFL33618
PhoneExtFaxE-Mail Address
(813) 969 - 2010 (813) 969 - 2120SNorris@ProAssurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualKurtRMayberry
Insurer TypeStreet Address of Practice
Licensed1343 MORNINGSIDE DR
CityStateZip CodeCounty
REXBURGID83440-5081Out of state
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PNFL-3003709-00$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME78411Emergency Medicine - No Major Surgery00000

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FOsceola
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
FLORIDA HOSPITAL-CELEBRATION HEALTH23960017
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
11/12/19998/1/2001
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Abdominal pain.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Exam, CBC, abdominal ultrasound and abdoominal X-ray performed indicated an ovarian cyst and ileum.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis.
Principal Injury Giving Rise To The Claim
Plaintiff suffered a ruptured appendix which was diagnosed ten days later.
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
12/20/2002CI-01MP2238
County Suit Filed inDate of Final Disposition
Osceola8/15/2006
Other Defendants Involved in this Claim
Cortes-Belen, Ernesto
FLORIDA EMERGENCY PHYSICIANS KANG & ASSOCIATES, M.D., P.A.
Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital
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 DecisionOther
Judgment for the plaintiff. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
4/23/2008
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,117,665
Loss Adjust Expense Paid to Defense Counsel$109,315
All Other Loss Adjustment Expense Paid$59,041
Injured Person's Total Non-Economic Loss$1,117,665
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:4/28/2008 10:25:09 AM
Reason for Change:Updated to reflect indmenity payment, as well as additional legal fees and costs paid.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid2456861867
Indemnity Paid01117665
Injured Person Total Non-Economic Loss01117665
Settlement Reached01
Amount of Loss Adjustment Expense Paid to Defense Counsel49157105530
Legal System StageAfter court verdict and prior to filing of notice of appeal.After notice of appeal is filed or post judgment relief of action is required for recovery.
Court DecisionJudgment for the defendant.Judgment for the plaintiff.
 
Date of Change:8/12/2009 11:20:32 AM
Reason for Change:Report updated to reflect additional legal fees paid, and reimbursement of costs.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid6186759041
Amount of Loss Adjustment Expense Paid to Defense Counsel105530109315

 

 

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Dr. PETER J CASELLA Medical Malpractice Lawsuits - Court Case # CA-05-MP-001620

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201780895
Claim Number : 21934/57600
Date Submitted : 1/20/2017
 
Insurer Information
 
Insurer Name Coverage Type
MAG MUTUAL INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
58-1449198  
Insurer Contact Information
Type Entity Name
Entity MAG MUTUAL INSURANCE COMPANY
Street Address
8427 South Park Circle Suite 130
City State Zip
Orlando FL 32819
Phone Ext Fax E-Mail Address
(407) 370 - 3813   (407) 370 - 2247 ctschanz@magmutual.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualPeterJCasella
Insurer TypeStreet Address of Practice
Licensed205 Park Place Blvd.
CityStateZip CodeCounty
KissimmeeFL34741Osceola
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1600682 01$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME52981Surgery - Obstetrics - Gynecology 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FOsceola
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
OSCEOLA REGIONAL HOSPITAL100110
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
7/22/20039/30/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Fibroid uterus and hypermenorrhea
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Total abdominal hysterectomy
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to properly perform procedure
Principal Injury Giving Rise To The Claim
Fistula and obstruction of left ureter
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
8/3/2005CA-05-MP-001620
County Suit Filed inDate of Final Disposition
Osceola12/19/2016
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
Judgment for the plaintiff. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
12/19/2016
 
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$278,773
All Other Loss Adjustment Expense Paid$149,656
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$178,754$0
Wage Loss$0$0
Other Expenses$0$100,000
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Risk management has counseled insured
 
Updates
 
No updates found.

 

 

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Dr. STEVEN BAXTER Medical Malpractice Lawsuits - Court Case # 2016 CA 002208 MP

Indemnity Paid: $928,355.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201886143
Claim Number : C165709
Date Submitted : 8/14/2018
 
Insurer Information
 
Insurer Name Coverage Type
ADMIRAL INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
22-2235730  
Insurer Contact Information
Type First Name MI Last Name
Individual Denise   Padilla
Street Address
1000 Howard Blvd, Ste. 300
City State Zip
Mount Laurel NJ 08054
Phone Ext Fax E-Mail Address
(856) 505 - 8115     dpadilla@admiralins.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualSTEVEN BAXTER
Insurer TypeStreet Address of Practice
Licensed7450 Dr Phillips Blvd., Suite 215
CityStateZip CodeCounty
OrlandoFL32819Orange
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
EO000029624-01$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Dentistry 
License NumberSpecialty Code & ClassificationCertification Number
DN14090Dental General Practice - NOC 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MOsceola
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilityKissimmee Family Dentistry
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Special Procedure Room 
Date of OccurrenceDate Reported to Insurer
4/22/20164/25/2016
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient presented to dental office on 04/22/2016 for extraction of wisdom teeth and first bicuspids under conscious sedation.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Extraction of wisdom teeth and first bicuspids under conscious sedation.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Dental malpractice claim resulting from dental care and treatment provided to patient on 04/22/2016. Plaintiff¿s complaint alleged the dentist over-administered and incorrectly used anesthetic agents, which caused the patient to suffer cardiopulmonary collapse and fatal anoxia and that the dentist failed to properly monitor and record the patient¿s vital signs during the procedure on 04/22/2016, which allegedly resulted in the patient¿s death on 04/25/2016.
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
8/26/20162016 CA 002208 MP
County Suit Filed inDate of Final Disposition
Osceola3/23/2018
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
3/23/2018
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$928,355
Loss Adjust Expense Paid to Defense Counsel$76,667
All Other Loss Adjustment Expense Paid$21,219
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
None
 
Updates
 
 
Date of Change:8/14/2018 2:52:00 PM
Reason for Change:There were three separate indemnity payments made on this claim. One for $80,000, another for $205,000, and lastly a payment of $643,355.78. All other information on this claim is the same.
 
Field ChangedFormer ValueNew Value
Indemnity Paid80000205000
 
Date of Change:8/14/2018 2:56:41 PM
Reason for Change:There were three different Indemnity payments made on this claim. One for $80,000, another for $205,000, and lastly on of $643,355, totalling $928,355.
 
Field ChangedFormer ValueNew Value
Indemnity Paid205000928355

 

 

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

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Dr. NAVEED AHMAD Medical Malpractice Lawsuits - Court Case # 15 CA 1377 MF

Indemnity Paid: $750,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201677902
Claim Number : 1023555-01
Date Submitted : 2/21/2017
 
Insurer Information
 
Insurer Name Coverage Type
MEDICAL PROTECTIVE COMPANY (THE) Primary
Insurer FEIN Professional License Number
35-0506406  
Insurer Contact Information
Type First Name MI Last Name
Individual Lynn Louthan
Street Address
5814 Reed Road
City State Zip
Ft Wayne IN 46835
Phone Ext Fax E-Mail Address
(260) 486 - 0778     reportaclaim@medpro.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualNaveed Ahmad
Insurer TypeStreet Address of Practice
Licensed9582 W Colonial Drive
CityStateZip CodeCounty
OrlandoFL32817Orange
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
759443$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME93420Radiology - Diagnostic - 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
 FOrange
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilitySimonmed
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Special Procedure Room 
Date of OccurrenceDate Reported to Insurer
7/22/20131/15/2015
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Preventative screening
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Mammogram
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Delay in diagnosis of breast cancer
Principal Injury Giving Rise To The Claim
Stage IV breast cancer with lymph nodes
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
6/11/201515 CA 1377 MF
County Suit Filed inDate of Final Disposition
Osceola4/7/2016
Other Defendants Involved in this Claim
Simonmed Imaging Florida LLC dba Simonmed Imaging - Kissimme
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
4/6/2016
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$750,000
Loss Adjust Expense Paid to Defense Counsel$19,220
All Other Loss Adjustment Expense Paid$4,729
Injured Person's Total Non-Economic Loss$705,000
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
N/A
 
Updates
 
 
Date of Change:8/11/2016 11:07:28 AM
Reason for Change:ALE UPDATED 8/11/2016
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid46674729
Amount of Loss Adjustment Expense Paid to Defense Counsel1241019187
 
Date of Change:2/21/2017 11:25:05 AM
Reason for Change:ALE UPDATE 2/21/2017
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel1918719220

 

 

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Dr. UDAY DAPHTARY Medical Malpractice Lawsuits - Court Case # 15CA 2467 MP

Indemnity Paid: $750,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201989526
Claim Number : EMC-FL-15-293521
Date Submitted : 8/5/2019
 
Insurer Information
 
Insurer Name Coverage Type
EmCare Holdings, Inc. Primary
Insurer FEIN Professional License Number
75-173235 SI
Insurer Contact Information
Type First Name MI Last Name
Individual Kathy A Stockton
Street Address
1900 W. LOOP S., STE. 1500
City State Zip
Houston TX 77027
Phone Ext Fax E-Mail Address
(713) 935 - 2404   (713) 461 - 8130 kathy_stockton@westernlitigation.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualUDAY DAPHTARY
Insurer TypeStreet Address of Practice
Self-Insurer8030 TABBY LANE
CityStateZip CodeCounty
MAITLANDFL32751Osceola
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
HAZ1040025381-13$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME62693Family 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
 MOsceola
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
OSCEOLA REGIONAL HOSPITAL100110
Location of Institutional InjuryOther Location of Institutional Injury
OtherER
Date of OccurrenceDate Reported to Insurer
2/15/20156/15/2015
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
PNEUMONIA
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
SEEN IN ER
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
ALLEGED FAILURE TO TREAT PNEUMONIA
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
10/9/201515CA 2467 MP
County Suit Filed inDate of Final Disposition
Osceola8/5/2019
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
7/15/2019
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$750,000
Loss Adjust Expense Paid to Defense Counsel$89,363
All Other Loss Adjustment Expense Paid$23,054
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.

 

Dr. MAYRA I BAEZ Medical Malpractice Lawsuits - Court Case # 2019CA001475MP

Indemnity Paid: $750,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M202092701
Claim Number : 166873-2
Date Submitted : 6/9/2020
 
Insurer Information
 
Insurer Name Coverage Type
HEALTH CARE INDEMNITY, INC. Primary
Insurer FEIN Professional License Number
61-0904881  
Insurer Contact Information
Type First Name MI Last Name
Individual Christina J Stoker
Street Address
2515 PARK PLAZA, BLDG 2-3E
City State Zip
Nashville TN 37203
Phone Ext Fax E-Mail Address
(615) 344 - 1779   (866) 715 - 7235 christina.stoker@hcahealthcare.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMAYRAIBAEZ
Insurer TypeStreet Address of Practice
Licensed700 W OAK ST
CityStateZip CodeCounty
KISSIMMEEFL34741Osceola
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
HCI-10118$5,000,000*NR
Profession or BusinessOther Profession or Business
OtherREGISTERED NURSE
License NumberSpecialty Code & ClassificationCertification Number
RN9195028  

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FOsceola
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
OSCEOLA REGIONAL HOSPITAL100110
Location of Institutional InjuryOther Location of Institutional Injury
Recovery Room 
Date of OccurrenceDate Reported to Insurer
1/26/20191/29/2019
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
SEVERE ABDOMINAL PAIN; HEMORRHAGIC OVARIAN CYST.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
OVARIAN CYSTECTOMY, LYSIS OF ADHESIONS, EVACUATION OF HEMOPERITONEUM W/O COMPLICATION.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
CARDIAC ARREST, ANOXIC BRAIN INJURY; DEATH.
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
10/14/20192019CA001475MP
County Suit Filed inDate of Final Disposition
Osceola5/26/2020
Other Defendants Involved in this Claim
MILLER, M.D., DALE
PAK, CRNA, MILA
ANESTHESIA PHYSICIAN SOLUTIONS OF NORTH FLORIDA, LLC
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
5/18/2020
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$750,000
Loss Adjust Expense Paid to Defense Counsel$11,323
All Other Loss Adjustment Expense Paid$3,813
Injured Person's Total Non-Economic Loss$105,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$0
Wage Loss$0$300,000
Other Expenses$0$345,000
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
REFERRED TO RISK MANAGEMENT.
 
Updates
 
No updates found.

 

Dr. EDWARD H SESSIONS Medical Malpractice Lawsuits - Court Case # 10-CA-2338-MP

Indemnity Paid: $725,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201159929
Claim Number :32224
Date Submitted :4/11/2011
 
Insurer Information
 
Insurer NameCoverage Type
MAG MUTUAL INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
58-1449198 
Insurer Contact Information
TypeEntity Name
EntityMAG MUTUAL INSURANCE COMPANY
Street Address
8427 South Park Circle Suite 130
CityStateZip
OrlandoFL32819
PhoneExtFaxE-Mail Address
(407) 370 - 3813 (407) 370 - 2247ctschanz@magmutual.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualEdwardHSessions
Insurer TypeStreet Address of Practice
Licensed1543 Gants Circle
CityStateZip CodeCounty
Kissimmee FL34744Osceola
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PRF 1406626 00$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME20408Radiology - interventional 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FOsceola
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other LocationOsceola Imaging Center
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
11/1/200711/5/2009
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Breast cancer
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Mammogram
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to diagnose breast cancer
Principal Injury Giving Rise To The Claim
Breast cancer
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
1/20/201010-CA-2338-MP
County Suit Filed inDate of Final Disposition
Osceola4/7/2011
Other Defendants Involved in this Claim
Osceola Radiology Associates, 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
2/10/2011
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$725,000
Loss Adjust Expense Paid to Defense Counsel$54,158
All Other Loss Adjustment Expense Paid$27,078
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$36,845$0
Wage Loss$0$0
Other Expenses$20,059$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Risk management has counseled insured
 
Updates
 
 
Date of Change:4/11/2011 10:11:16 AM
Reason for Change:Report updated to reflect Court Document final disposition date of 04/07/2011
 
Field ChangedFormer ValueNew Value
Date of Final Disposition10-FEB-1107-APR-11

 

 

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Dr. LEIF B SAHLGREN Medical Malpractice Lawsuits - Court Case # 2018-CA-000690-MP

Indemnity Paid: $600,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201987542
Claim Number : EHC-SHI-17XS-398884
Date Submitted : 1/9/2019
 
Insurer Information
 
Insurer Name Coverage Type
EmCare Holdings, Inc. Primary
Insurer FEIN Professional License Number
75-173235 SI
Insurer Contact Information
Type First Name MI Last Name
Individual Kathy A Stockton
Street Address
1900 W. LOOP S., STE. 1500
City State Zip
Houston TX 77027
Phone Ext Fax E-Mail Address
(713) 935 - 2404   (713) 461 - 8130 kathy_stockton@westernlitigation.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualLEIFBSAHLGREN
Insurer TypeStreet Address of Practice
Self-Insurer700 WEST OAK STREET
CityStateZip CodeCounty
KISSIMMEEFL34741Osceola
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
Envision 2017 Excess$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Osteopathic Physician 
License NumberSpecialty Code & ClassificationCertification Number
OS11695Emergency Medicine - Including Major Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FOsceola
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Hospital/InstitutionOSCEOLA REGIONAL MEDICAL CENTER
Name of InstitutionCode
N/A000000
Location of Institutional InjuryOther Location of Institutional Injury
OtherER
Date of OccurrenceDate Reported to Insurer
4/28/201611/21/2017
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
STROKE SYMPTOMS
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
SEEN IN ER
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
FAILURE TO TIMELY DIAGNOSE AND TREAT
Principal Injury Giving Rise To The Claim
ALLEGED PERMANENT DISABILITIES
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 SuitCircuit Court Case Number
3/12/20182018-CA-000690-MP
County Suit Filed inDate of Final Disposition
Osceola12/6/2018
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
11/22/2018
 
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$40,492
All Other Loss Adjustment Expense Paid$20,630
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.

 

Dr. MELANIE MELENDEZ GARCIA Medical Malpractice Lawsuits - Court Case # 2018 CA 2953

Indemnity Paid: $537,500.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201988258
Claim Number : 166193-1
Date Submitted : 2/20/2020
 
Insurer Information
 
Insurer Name Coverage Type
HEALTH CARE INDEMNITY, INC. Primary
Insurer FEIN Professional License Number
61-0904881  
Insurer Contact Information
Type First Name MI Last Name
Individual Christina J Stoker
Street Address
2515 PARK PLAZA, BLDG 2-3E
City State Zip
Nashville TN 37203
Phone Ext Fax E-Mail Address
(615) 344 - 1779   (866) 715 - 7235 christina.stoker@hcahealthcare.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMELANIE MELENDEZ GARCIA
Insurer TypeStreet Address of Practice
Licensed18167 US HWY 19 N SUITE 650
CityStateZip CodeCounty
CLEARWATERFL33764Pinellas
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
HCI-10117$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME119966Emergency Medicine - Including Major Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MOsceola
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
POINCIANA MEDICAL CENTER23960111
Location of Institutional InjuryOther Location of Institutional Injury
OtherEMERGENCY ROOM
Date of OccurrenceDate Reported to Insurer
10/25/201710/30/2018
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
PRESENTED WITH WEAKNESS AND SLURRED SPEECH. SYMPTOMS RESOLVED WITH MEDICATION; PATIENT WAS BEING DISCHARGED WHEN WEAKNESS RETURNED.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
PATIENT ADMITTED; NEURO CONSULT ORDERED BUT NOT STAT.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
FAILURE TO DIAGNOSE STROKE RESULTING IN PERMANENT RIGHT SIDE HEMIPLEGIA.
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 SuitCircuit Court Case Number
9/17/20182018 CA 2953
County Suit Filed inDate of Final Disposition
Osceola3/5/2019
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
2/19/2019
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$537,500
Loss Adjust Expense Paid to Defense Counsel$8,977
All Other Loss Adjustment Expense Paid$3,737
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$537,500
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
REFERRED TO RISK MANAGMENT.
 
Updates
 
No updates found.

 

View All Medical Malpractice Cases In Osceola County Florida

Medical Malpractice Lawyers in Osceola county

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Chadwick Joseph Lawrence
The Lawrence Law Firm
920 Emmett St
Kissimmee, FL 34741-5436
407-933-1007
http://thelawrencelawfirm.com
Specialty: Medical Malpractice
Eligble to practice in Osceola County Florida: Yes
Ralph E Toombs
The Toombs Law Firm
Dr. Ralph E. Toombs
807 Neptune Rd
Kissimmee, FL 34744-5828
407-319-4951
Specialty: Medical Malpractice
Eligble to practice in Osceola County Florida: Yes

Frequently Asked Questions

Who can file a medical malpractice lawsuit in Florida?

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

Can you file a medical malpractice lawsuit without a lawyer?

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

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

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

What percentage do malpractice lawyers get?

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

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

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

Is there a cap on medical malpractice in Florida?

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

Do doctors in Florida have to have malpractice insurance?

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

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

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

What is considered medical malpractice in Florida?

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

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

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

Who can file a wrongful death suit in Florida?

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

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

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

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