Medical Malpractice Cases

Medical Malpractice Cases In Polk County Florida

Dr. Ernesto J Perez Medical Malpractice Lawsuits - Court Case # 2004-CA-000139

Indemnity Paid: $3,334,728.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200642110
Claim Number :125676
Date Submitted :8/17/2009
 
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
TampaFL33618-2746
PhoneExtFaxE-Mail Address
(813) 969 - 2010 (813) 969 - 2120SNorris@ProAssurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualErnestoJPerez
Insurer TypeStreet Address of Practice
Licensed1450 6TH ST NE
CityStateZip CodeCounty
WINTER HAVENFL33881-2525Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
MP39846$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME55358Internal Medicine - No Surgery00000

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MPolk
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
WINTER HAVEN HOSPITAL100052
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
5/15/20039/12/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Radiating chest pain.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
EKG, lab testss and cardiac enzymes performed which resulted in request for cardiology consult.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis.
Principal Injury Giving Rise To The Claim
Patient suffered an acute MI due to hypertensive cardiovascular disease and expired.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
2/4/20042004-CA-000139
County Suit Filed inDate of Final Disposition
Polk8/21/2006
Other Defendants Involved in this Claim
Winter Haven Hospital, Inc. d/b/a Winter Haven Hospital
Ernesto J. Perez, M.D., L.L.C.
Hetherington, Judith
Star-Med Staffing Services, Inc.
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
10/31/2007
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$3,334,728
Loss Adjust Expense Paid to Defense Counsel$204,479
All Other Loss Adjustment Expense Paid$288,448
Injured Person's Total Non-Economic Loss$3,334,728
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$1,092$0
Wage Loss$0$282,392
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Insured has discussed case with insurance company persoonnel, medical experts and defense counsel.
 
Updates
 
 
Date of Change:11/13/2007 9:17:28 AM
Reason for Change:Report updated to reflect indemnity payment following appeal, and to reflect additional costs and legal fees paid.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid149876265118
Indemnity Paid03334728
Injured Person Total Non-Economic Loss03334728
Settlement Reached01
Amount of Loss Adjustment Expense Paid to Defense Counsel119808198455
Legal System StageAfter court verdict and prior to filing of notice of appeal.After appeal.
 
Date of Change:11/18/2008 2:33:08 PM
Reason for Change:Report updated to reflect additional legal fees and expenses paid.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid265118300305
Amount of Loss Adjustment Expense Paid to Defense Counsel198455204479
 
Date of Change:8/17/2009 3:42:44 PM
Reason for Change:Report updated to reflect refund of expenses paid.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid300305288448

 

 

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Dr. Gregory L Nedurian Medical Malpractice Lawsuits - Court Case # 2010CA-007897

Indemnity Paid: $2,625,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201576102
Claim Number : 278020
Date Submitted : 10/20/2015
 
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 AUDRA M FLOYD
Street Address
13450 WEST SUNRISE BLVD
City State Zip
SUNRISE FL 33323
Phone Ext Fax E-Mail Address
(877) 320 - 0748 3111 (866) 636 - 5421 afloyd@thedoctors.com
 
Insured Information
 
Type First Name MI Last Name
Individual Gregory L Nedurian
Insurer Type Street Address of Practice
Licensed 521 Buena Vista Street
City State Zip Code County
Lakeland FL 33805 Polk
Policy Number Per Claim Policy Limits Aggregate Policy Limits
0072384 $250,000 $750,000
Profession or Business Other Profession or Business
Medical Doctor  
License Number Specialty Code & Classification Certification Number
ME90819 Surgery - General  

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First Name MI Last Name Date of Birth
       
Street Address Gender County where Injury Occurred
  F Polk
City State Zip Code
     
Location where injury occured Other location where injury occured
Physician's Office  
Name of Institution Code
   
Location of Institutional Injury Other Location of Institutional Injury
Other Physician's Office
Date of Occurrence Date Reported to Insurer
3/23/2009 5/18/2010
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient presented to the insured for aortic stent graft to relieve pressure from abdominal aortic aneurysm.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Patient underwent endovascular repair of abdominal aortic aneurysm with the assistance of an interventional radiologist.
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Left side hemiparesis, dementia and partial blindness.
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 Suit Circuit Court Case Number
9/21/2010 2010CA-007897
County Suit Filed in Date of Final Disposition
Polk 10/13/2015
Other Defendants Involved in this Claim
Bradshaw, MD, John R
Vailoces, MD, V.J. Tristram
Watson Clinic, LLP
Clark & Daughtrey Medical Group, PA
Stage of Legal System at which Settlement was Reached or Award Made
After notice of appeal is filed or post judgment relief of action is required for recovery.
Final Method of Claim Disposition
Settled by parties
Court Decision Other
Judgment for the plaintiff.  
Arbitration
Claim not subject to Arbitration.
Date of Payment
10/9/2015
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff? Yes
Indemnity Paid by Insurer on behalf of Insured $2,625,000
Loss Adjust Expense Paid to Defense Counsel $515,000
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 Date Anticipated
Medical Expense $0 $0
Wage Loss $0 $0
Other Expenses $0 $0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Unknown
 
Updates
 
 
Date of Change: 10/20/2015 12:12:01 PM
Reason for Change: Correction made under "Stage of Settlement"
 
Field Changed Former Value New Value
Legal System Stage After 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.

 

 

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

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Dr. JENNIFER FYNN Medical Malpractice Lawsuits - Court Case # 53-2007-CA-002842

Indemnity Paid: $2,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200952594
Claim Number :PMG-06-AO-56866
Date Submitted :2/17/2009
 
Insurer Information
 
Insurer NameCoverage Type
HUDSON SPECIALTY INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
75-1637737 
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
IndividualJENNIFER FYNN
Insurer TypeStreet Address of Practice
Licensed215 INVERNESS WAY
CityStateZip CodeCounty
WINTER PARKFL33881Orange
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
HCP4001905$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME91920Neonatal/Perinatal Medicine 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MPolk
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
WINTER HAVEN-REGENCY120010
Location of Institutional InjuryOther Location of Institutional Injury
Labor and Delivery Room 
Date of OccurrenceDate Reported to Insurer
11/30/200612/15/2006
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
VOLVULUS IN NEWBORN
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
ALLEGED FAILURE TO DIAGNOSE VOLVULUS AND ALLEGED DELAY IN TRANSFER
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
DELAY IN TRANSFER AND DELAY IN DIAGNOSIS
Principal Injury Giving Rise To The Claim
MASSIVE BOWEL INFARCTION
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
6/5/200753-2007-CA-002842
County Suit Filed inDate of Final Disposition
Polk2/16/2009
Other Defendants Involved in this Claim
WINTER HAVEN HOSPITAL
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim subject to arbitration, but settlement reached in lieu of award.
Date of Payment
6/12/2008
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$2,000,000
Loss Adjust Expense Paid to Defense Counsel$176,206
All Other Loss Adjustment Expense Paid$108,783
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.

 

 

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Dr. Johnson P Massey Medical Malpractice Lawsuits - Court Case # 2009CA004078

Indemnity Paid: $1,550,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201680608
Claim Number : 30456/30458
Date Submitted : 12/12/2016
 
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
 
Type First Name MI Last Name
Individual Johnson P Massey
Insurer Type Street Address of Practice
Licensed 601 Oak Commons Blvd.
City State Zip Code County
Kissimmee FL 34741 Osceola
Policy Number Per Claim Policy Limits Aggregate Policy Limits
PSL 1600938 07 $1,000,000 $3,000,000
Profession or Business Other Profession or Business
Medical Doctor  
License Number Specialty Code & Classification Certification Number
ME42668 Cardiovascular Disease - Minor Surgery  

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First Name MI Last Name Date of Birth
       
Street Address Gender County where Injury Occurred
  F Polk
City State Zip Code
     
Location where injury occured Other location where injury occured
Hospital Inpatient Facility  
Name of Institution Code
HEART OF FLORIDA REGIONAL MEDICAL CENTER 100137
Location of Institutional Injury Other Location of Institutional Injury
Patients' Room  
Date of Occurrence Date Reported to Insurer
8/18/2007 5/14/2009
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Sepsis, electrolyte imbalance
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
No iatrogenic injury
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to properly manage potassium
Principal Injury Giving Rise To The Claim
Hyperkalemia, cardiac arrest
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of Suit Circuit Court Case Number
4/28/2009 2009CA004078
County Suit Filed in Date of Final Disposition
Polk 11/16/2016
Other Defendants Involved in this Claim
Kundlas, MD, Kulmeet
Bagkus, RN, Bernadette
Ngundam, RN, Edith
Eyesar, RN, Emmanuel
Heart of Florida Regional Medical Center
Cardiovascular Assoc.
Physician Services
Stage of Legal System at which Settlement was Reached or Award Made
After appeal.
Final Method of Claim Disposition
Settled by parties
Court Decision Other
Judgment for the plaintiff.  
Arbitration
Claim not subject to Arbitration.
Date of Payment
11/16/2016
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff? Yes
Indemnity Paid by Insurer on behalf of Insured $1,550,000
Loss Adjust Expense Paid to Defense Counsel $478,775
All Other Loss Adjustment Expense Paid $263,124
Injured Person's Total Non-Economic Loss $0
Deductible $0
Injured Person's Total Economic Loss
  Incurred to Date Anticipated
Medical Expense $3,500 $0
Wage Loss $0 $0
Other Expenses $8,000 $50,000
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. Khurram Javed Medical Malpractice Lawsuits - Court Case # 2015-CA-001483-0000

Indemnity Paid: $1,500,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201680359
Claim Number : 44420/51674
Date Submitted : 11/29/2016
 
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
 
Type First Name MI Last Name
Individual Khurram   Javed
Insurer Type Street Address of Practice
Licensed PO Box 90609
City State Zip Code County
Lakeland FL 33801 Polk
Policy Number Per Claim Policy Limits Aggregate Policy Limits
PSL 1602675 05 $1,000,000 $3,000,000
Profession or Business Other Profession or Business
Medical Doctor  
License Number Specialty Code & Classification Certification Number
ME114009 Radiology - interventional  

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First Name MI Last Name Date of Birth
       
Street Address Gender County where Injury Occurred
  M Polk
City State Zip Code
     
Location where injury occured Other location where injury occured
Hospital Inpatient Facility  
Name of Institution Code
LAKELAND REGIONAL MEDICAL CENTER 100157
Location of Institutional Injury Other Location of Institutional Injury
Radiology, Emergency Room  
Date of Occurrence Date Reported to Insurer
12/8/2012 4/4/2013
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Thoracic aortic dissection
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
CT
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to diagnose thoracic aortic dissection
Principal Injury Giving Rise To The Claim
Hemopericardium and cardiac tamponade
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of Suit Circuit Court Case Number
4/23/2015 2015-CA-001483-0000
County Suit Filed in Date of Final Disposition
Polk 11/16/2016
Other Defendants Involved in this Claim
Pyles, RN, Angelia P
Roddenberry, RN, Sandra
Emcore, Inc
Florida EM-1 Medical Services
Rodgers, MD, Christopher N
Radiology & Imaging Specialists
Watson Clinic
Baez-Gonzalez, MD, Juan A
Galvez Canto, MD, John G
Lazo De La Vega, MD, Vito A
Lakeland Regional Medical Center
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court Decision Other
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 $1,500,000
Loss Adjust Expense Paid to Defense Counsel $61,477
All Other Loss Adjustment Expense Paid $12,126
Injured Person's Total Non-Economic Loss $0
Deductible $100,000
Injured Person's Total Economic Loss
  Incurred to Date Anticipated
Medical Expense $9,389 $0
Wage Loss $0 $1,000,000
Other Expenses $6,576 $1,500,000
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Risk management has counseled insured
 
Updates
 
 
Date of Change: 11/29/2016 12:05:22 PM
Reason for Change: Report updated to reflect Court Document final disposition date of 11/16/16
 
Field Changed Former Value New Value
Date of Final Disposition 03-NOV-16 16-NOV-16

 

 

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Dr. Jack B Thigpen Medical Malpractice Lawsuits - Court Case # 2004CA-003718

Indemnity Paid: $1,500,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200643106
Claim Number :WC/3784-03
Date Submitted :11/10/2006
 
Insurer Information
 
Insurer NameCoverage Type
Watson Clinic LLPPrimary
Insurer FEINProfessional License Number
59-0704934SI
Insurer Contact Information
TypeFirst NameMILast Name
IndividualDee Owens
Street Address
1600 Lakeland Hills Blvd.
CityStateZip
LakelandFL33805
PhoneExtFaxE-Mail Address
(863) 680 - 7620 (863) 616 - 2430dowens@watsonclinic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJackBThigpen
Insurer TypeStreet Address of Practice
Self-Insurer1600 Lakeland Hills Blvd.
CityStateZip CodeCounty
LakelandFL33805Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
39269999$2,000,000*NR
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME26600Surgery - General26540

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MPolk
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Outpatient Facility 
Name of InstitutionCode
LAKELAND REGIONAL MEDICAL CENTER100157
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
8/5/200310/21/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Sepsis
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Hemorrhoidectomy under general anesthesia
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to diagnose and provide timely and adequate treatment for severe, fulminant, overwhelming sepsis.
Principal Injury Giving Rise To The Claim
Death due to severe, fulminant, overwhelming sepsis.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
9/1/20042004CA-003718
County Suit Filed inDate of Final Disposition
Polk1/9/2006
Other Defendants Involved in this Claim
Randall, Judith L
Watson Clinic LLP
Lakeland Regional Medical Center
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
1/11/2006
 
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$179,084
All Other Loss Adjustment Expense Paid$102,891
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
Expert reviews called this sepsis a "perfect storm," a similar constellations of events is highly unlikely.
 
Updates
 
No updates found.

 

 

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

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Dr. Stephen V Pappachen Medical Malpractice Lawsuits - Court Case # 23-2010-CA-009122

Indemnity Paid: $1,250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201575063
Claim Number : 34745/34746
Date Submitted : 7/1/2015
 
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
 
Type First Name MI Last Name
Individual Stephen V Pappachen
Insurer Type Street Address of Practice
Licensed 130 Pablo Street
City State Zip Code County
Lakeland FL 33803 Polk
Policy Number Per Claim Policy Limits Aggregate Policy Limits
PSL 1600264 11 $1,000,000 $3,000,000
Profession or Business Other Profession or Business
Medical Doctor  
License Number Specialty Code & Classification Certification Number
ME88723 Surgery - Obstetrics - Gynecology  

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First Name MI Last Name Date of Birth
       
Street Address Gender County where Injury Occurred
  F Polk
City State Zip Code
     
Location where injury occured Other location where injury occured
Hospital Inpatient Facility  
Name of Institution Code
LAKELAND REGIONAL MEDICAL CENTER 100157
Location of Institutional Injury Other Location of Institutional Injury
Operating Suite  
Date of Occurrence Date Reported to Insurer
7/29/2009 8/10/2010
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Menopausal bleeding; adnexal mass
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
LAVH (laparoscopically assisted vaginal hysterectomy) with RSO (right salpingo-oophorectomy) and LOA (lysis of adhesions)
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to recognize complication of procedure
Principal Injury Giving Rise To The Claim
Right ureter injury
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of Suit Circuit Court Case Number
12/6/2010 23-2010-CA-009122
County Suit Filed in Date of Final Disposition
Polk 6/15/2015
Other Defendants Involved in this Claim
Clark & Daughtrey
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 Decision Other
Directed verdict for plaintiff.  
Arbitration
Claim not subject to Arbitration.
Date of Payment
6/3/2015
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff? Yes
Indemnity Paid by Insurer on behalf of Insured $1,250,000
Loss Adjust Expense Paid to Defense Counsel $183,168
All Other Loss Adjustment Expense Paid $61,600
Injured Person's Total Non-Economic Loss $500,000
Deductible $0
Injured Person's Total Economic Loss
  Incurred to Date Anticipated
Medical Expense $149,504 $0
Wage Loss $0 $0
Other Expenses $0 $50,000
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. JEFFREY M BARRETT Medical Malpractice Lawsuits - Court Case # 2004CA-853

Indemnity Paid: $1,150,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200848442
Claim Number :60504
Date Submitted :2/4/2008
 
Insurer Information
 
Insurer NameCoverage Type
TIG INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
94-1517098 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualYolanda Burke
Street Address
851 Napa Valley Corp Way Suite N
CityStateZip
NapaCA94558
PhoneExtFaxE-Mail Address
(707) 225 - 3331 (707) 224 - 6858yburke@hudsoninsgroup.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJEFFREYMBARRETT
Insurer TypeStreet Address of Practice
Licensed1600 Lakeland Hills Blvd
CityStateZip CodeCounty
LakelandFL33805Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
39269999$2,000,000*NR
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME48947Surgery - Obstetrics - Gynecology 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MPolk
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
LAKELAND REGIONAL MEDICAL CENTER100157
Location of Institutional InjuryOther Location of Institutional Injury
Labor and Delivery Room 
Date of OccurrenceDate Reported to Insurer
11/23/200110/15/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Labor
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Prolongs contraction
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Birth Injury
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
2/20/20042004CA-853
County Suit Filed inDate of Final Disposition
Polk1/14/2008
Other Defendants Involved in this Claim
Watson Clinic
Mammel, James B
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
7/26/2007
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,150,000
Loss Adjust Expense Paid to Defense Counsel$4,852,411
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
unknown at this time
 
Updates
 
No updates found.

 

 

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

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Dr. Jeffrey Barrett Medical Malpractice Lawsuits - Court Case # 2004CA-853-0000-00

Indemnity Paid: $1,150,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200849282
Claim Number :60504
Date Submitted :4/18/2008
 
Insurer Information
 
Insurer NameCoverage Type
Watson Clinic LLPPrimary
Insurer FEINProfessional License Number
59-0704934SI
Insurer Contact Information
TypeFirst NameMILast Name
IndividualDee Owens
Street Address
1600 Lakeland Hills Blvd.
CityStateZip
LakelandFL33805
PhoneExtFaxE-Mail Address
(863) 680 - 7620 (863) 616 - 2430dowens@watsonclinic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJeffrey Barrett
Insurer TypeStreet Address of Practice
Self-Insurer1600 Lakeland Hills Blvd.
CityStateZip CodeCounty
LakelandFL33805Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
HCF39269999$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME48947Surgery - Obstetrics 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MPolk
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
LAKELAND REGIONAL MEDICAL CENTER100157
Location of Institutional InjuryOther Location of Institutional Injury
Labor and Delivery Room 
Date of OccurrenceDate Reported to Insurer
11/24/200110/6/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient in full term pregnancy presented in labor
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Emergency C-section
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis was actually made.
Principal Injury Giving Rise To The Claim
Hospital staff failed to monitor patient's labor closely to recognize fetal distress and subsequently the deliveringobstetrician performed an emergency C-section.Newborn suffered severe complications and permanent impairment.
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
2/20/20042004CA-853-0000-00
County Suit Filed inDate of Final Disposition
Polk7/26/2007
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
7/26/2007
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,150,000
Loss Adjust Expense Paid to Defense Counsel$108,116
All Other Loss Adjustment Expense Paid$37,246
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
Review labor & delivery protocols
 
Updates
 
No updates found.

 

 

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Dr. David Speyerer Medical Malpractice Lawsuits - Court Case # 53-2004-CA-001521

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200640878
Claim Number :B03033790
Date Submitted :6/2/2006
 
Insurer Information
 
Insurer NameCoverage Type
TIG INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
94-1517098 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualFinch Carolyn
Street Address
125 S. Wacker Drive, Suite 700
CityStateZip
ChicagoIL60606
PhoneExtFaxE-Mail Address
(312) 267 - 6056 (312) 606 - 9181Carolyn_Finch@tigspecialty.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualDavid Speyerer
Insurer TypeStreet Address of Practice
Licensed635 First Street North
CityStateZip CodeCounty
Winter HavenFL33881Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
HCF38839904$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME54224Physicians or Surgeons - major surgery.NOC classification. 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FPolk
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
WINTER HAVEN HOSPITAL100052
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
4/13/20028/23/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Symptomatic Goiter
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Total thyroidectomy
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Vocal cord paralysis which has led to loss of pulmonary function and inability to speak.Plaintiff also complains of frequent aspiration and coughing.
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
5/27/200453-2004-CA-001521
County Suit Filed inDate of Final Disposition
Polk5/18/2006
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
OtherDismissal as a result of settlement
Arbitration
Claim not subject to Arbitration.
Date of Payment
5/17/2006
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,000,000
Loss Adjust Expense Paid to Defense Counsel$16,873
All Other Loss Adjustment Expense Paid$17,705
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$63,000$614,376
Wage Loss$157,616$914,035
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Identify recurrent laryngeal nerves when performing thyroidectomies
 
Updates
 
No updates found.

 

 

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

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Dr. James B Mammel Medical Malpractice Lawsuits - Court Case # 53-2002CA-1248

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200534176
Claim Number :B01124785
Date Submitted :2/4/2005
 
Insurer Information
 
Insurer NameCoverage Type
TIG INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
94-1517098 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualKathleenLMentel
Street Address
125 S. Wacker Drive, Suite 700
CityStateZip
ChicagoIL60606
PhoneExtFaxE-Mail Address
(312) 267 - 6045 (312) 596 - 0230lori_mentel@tigspecialty.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJamesBMammel
Insurer TypeStreet Address of Practice
Licensed1600 Lakeland Hills Blvd.
CityStateZip CodeCounty
LakelandFL33805Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
38853618$1,000,000$6,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME56295Surgery - Obstetrics - GynecologyAM3131531

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MPolk
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Outpatient Facility 
Name of InstitutionCode
LAKELAND REGIONAL MEDICAL CENTER100157
Location of Institutional InjuryOther Location of Institutional Injury
OtherLabor & Delivery Department - outpatient
Date of OccurrenceDate Reported to Insurer
10/29/199910/30/2001
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Ptnt seen @ 28 weeks gestation after falling a week earlier. She complained of vaginal pain, discharge & lack of fetal movement. She was treated for yeast infection. Later that evening, she presented to L&D w/compaints of disccomfort. RN examined her and placed her on fetal monitor, which showed good fetal heart rate activity and no obvious contractions. After being called by RN w/ assessment, physician reviewed monitor from call room. Since this was consistent with earlier visit, MD discharged ptnt to home. In early hours of next morning, ptnt discovered a double footling breech presentation and premature child was delivered at home by EMS. Infant suffered hypoxia resulting in cerebral palsy.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged failure to conduct an adequate assessment of patient's pregnancy.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Infant suffered hypoxia resulting in cerebral palsy.
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
6/5/200253-2002CA-1248
County Suit Filed inDate of Final Disposition
Polk8/16/2004
Other Defendants Involved in this Claim
Lakeland Reg'l Med.Ctr.
Watson Clinic
Stage of Legal System at which Settlement was Reached or Award Made
During trial, but before court verdict.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
OtherCase dismissed pursuant to settlement agreement.
Arbitration
Claim not subject to Arbitration.
Date of Payment
1/20/2005
 
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$104,247
All Other Loss Adjustment Expense Paid$0
Injured Person's Total Non-Economic Loss$0
Deductible$33,048,834
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$146,000$3,000,000
Wage Loss$0$3,000,000
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Physician reviewed strips and treated patient based on reasonable data known at that time.
 
Updates
 
 
Date of Change:2/4/2005 10:23:40 AM
Reason for Change:Policy limits were entered incorrectly on the original submission. Correct policy limits ($1mil/$6mil) are noted on this submission.
 
Field ChangedFormer ValueNew Value
Per Claim Policy Limits1000000001000000

 

 

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

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Dr. Adamantia A Mammas Medical Malpractice Lawsuits - Court Case # 53-2003CA-001451

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200537717
Claim Number :393-004031-60
Date Submitted :10/25/2005
 
Insurer Information
 
Insurer NameCoverage Type
LEXINGTON INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
25-1149494 
Insurer Contact Information
TypeEntity Name
EntityAIG Domestic Claims
Street Address
8144 Walnut Hill Lane
CityStateZip
DallasTX75231
PhoneExtFaxE-Mail Address
(214) 932 - 2219 (214) 932 - 2210yolanda.reyes@aig.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualAdamantiaAMammas
Insurer TypeStreet Address of Practice
Licensed3133 Timucus Circle
CityStateZip CodeCounty
OrlandoFL32837Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
6332760$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME55533Emergency Medicine - Including Major Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FPolk
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
LAKELAND REGIONAL MEDICAL CENTER100157
Location of Institutional InjuryOther Location of Institutional Injury
OtherEmergency Room
Date of OccurrenceDate Reported to Insurer
10/26/200111/20/2001
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Acute febrile illness, upper respiratory infection, reactive airway disease,rule out bacteremia, meningitis, pneumonia and febrile seizures. She was discharged with lower extremity paralysis bilaterally.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Spinal tap.
Diagnostic Code :001
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Hematoma at T12-L1.
Principal Injury Giving Rise To The Claim
Lower extremity paralysis bilaterally.
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
11/20/200153-2003CA-001451
County Suit Filed inDate of Final Disposition
Polk9/27/2004
Other Defendants Involved in this Claim
Lakeland Regional Medical Center
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
9/27/2004
 
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$22,938
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$1,000,000$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Settlement.
 
Updates
 
No updates found.

 

 

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Dr. MARTHA I LIMA Medical Malpractice Lawsuits - Court Case # 53-2011-CA-00536

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201161794
Claim Number :35497
Date Submitted :10/5/2011
 
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
IndividualMARTHAILIMA
Insurer TypeStreet Address of Practice
LicensedPO Box 90609
CityStateZip CodeCounty
LakelandFL33804Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1602675 03$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME50785Radiology - Diagnostic - Minor Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FPolk
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Outpatient Facility 
Name of InstitutionCode
WINTER HAVEN HOSPITAL100052
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
4/8/200810/20/2010
 
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
Annual screening mammogram
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged delay in diagnosis and treatment of breast cancer
Principal Injury Giving Rise To The Claim
Metastasis to brain, liver, and bones
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
3/24/201153-2011-CA-00536
County Suit Filed inDate of Final Disposition
Polk9/15/2011
Other Defendants Involved in this Claim
Henricks, MD, Bret
Radiology & Imaging Specialists of Lakeland
Winter Haven Hospital
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
9/15/2011
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,000,000
Loss Adjust Expense Paid to Defense Counsel$20,678
All Other Loss Adjustment Expense Paid$3,765
Injured Person's Total Non-Economic Loss$0
Deductible$100,000
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$71,351$0
Wage Loss$0$725,000
Other Expenses$20,000$710,000
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. MATTHEW SCHILLINGER Medical Malpractice Lawsuits - Court Case # 53-20-11CA-001130

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201264277
Claim Number :EMC-09XS-FL-115220
Date Submitted :7/10/2012
 
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
IndividualMATTHEW SCHILLINGER
Insurer TypeStreet Address of Practice
Self-Insurer1401 LAKE LUCERNE WAY
CityStateZip CodeCounty
BRANDONFL33511Hillsborough
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
EMC-2009-Excess$250,000$750,000
Profession or BusinessOther Profession or Business
Osteopathic Physician 
License NumberSpecialty Code & ClassificationCertification Number
OS9191Emergency Medicine - Including Major Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MPolk
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
LAKE WALES MEDICAL CENTER100099
Location of Institutional InjuryOther Location of Institutional Injury
Critical Care Unit 
Date of OccurrenceDate Reported to Insurer
9/11/20087/17/2009
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
PRESENTED WITH HEADACHE
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
CT SCAN AND PHYSICAL EXAM
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
PATIENT WAS DISCHARGED HOME
Principal Injury Giving Rise To The Claim
HYDROCEPHALUS
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
5/18/201053-20-11CA-001130
County Suit Filed inDate of Final Disposition
Polk6/22/2012
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
10/11/2011
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,000,000
Loss Adjust Expense Paid to Defense Counsel$39,037
All Other Loss Adjustment Expense Paid$3,500
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.

 

 

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Dr. MARGARET KEELER Medical Malpractice Lawsuits - Court Case # 53-2011-CA-000944-00

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201265348
Claim Number :EMC-FL-10XS-191574
Date Submitted :11/12/2012
 
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
IndividualMARGARET KEELER
Insurer TypeStreet Address of Practice
Self-Insurer3667 ASHLANG DRIVE
CityStateZip CodeCounty
LAKELANDFL33803Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
EMC-2010-Excess$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME58990Emergency Medicine - Including Major Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FPolk
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
LAKELAND REGIONAL MEDICAL CENTER100157
Location of Institutional InjuryOther Location of Institutional Injury
Critical Care Unit 
Date of OccurrenceDate Reported to Insurer
10/1/200911/18/2010
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
PRESENTED AFTER FALL ON BACK, PAIN IN NECK AND SHOULDERS
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
LABS AND X-RAYS WERE TAKEN.CT OF HEAD WAS NEGATIVE.PATIENT WAS ADMITTED
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
NO MISDIAGNOSIS
Principal Injury Giving Rise To The Claim
EPIDURAL BLEED RESULTING IN SURGERY AND PARALYSIS
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
2/23/201153-2011-CA-000944-00
County Suit Filed inDate of Final Disposition
Polk9/25/2012
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
9/25/2012
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,000,000
Loss Adjust Expense Paid to Defense Counsel$34,154
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
UNKNOWN
 
Updates
 
No updates found.

 

 

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Dr. Brenda Harris-Watson Medical Malpractice Lawsuits - Court Case # 2014CA-004475-0000-0

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201782189
Claim Number : 303547
Date Submitted : 6/1/2017
 
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 Kelly   Andrews
Street Address
12724 Gran Bay Parkway, W., Suite 400
City State Zip
Jacksonville FL 32258
Phone Ext Fax E-Mail Address
(904) 360 - 3038     kandrews@thedoctors.com
 
Insured Information
 
Type First Name MI Last Name
Individual Brenda   Harris-Watson
Insurer Type Street Address of Practice
Licensed 200 Avenue F NE
City State Zip Code County
Winter Haven FL 33881 Polk
Policy Number Per Claim Policy Limits Aggregate Policy Limits
684883 $1,000,000 $3,000,000
Profession or Business Other Profession or Business
Medical Doctor  
License Number Specialty Code & Classification Certification Number
ME93727 Surgery - Obstetrics - Gynecology  

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First Name MI Last Name Date of Birth
       
Street Address Gender County where Injury Occurred
  F Polk
City State Zip Code
     
Location where injury occured Other location where injury occured
Hospital Inpatient Facility  
Name of Institution Code
LAKELAND REGIONAL MEDICAL CENTER 100157
Location of Institutional Injury Other Location of Institutional Injury
Labor and Delivery Room  
Date of Occurrence Date Reported to Insurer
5/1/2010 2/20/2013
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Delivery of pregnancy.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged delay in delivery of infant.
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
Neurologic impairment to infant delivered.
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 Suit Circuit Court Case Number
11/7/2014 2014CA-004475-0000-0
County Suit Filed in Date of Final Disposition
Polk 5/19/2017
Other Defendants Involved in this Claim
Lakeland Regional Medial Center, Inc.
Duke, Billy
Fiesta, Manuel
OB Hospitalist Group, LLC
Surgical Assistants
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court Decision Other
No Court Proceedings.  
Arbitration
Claim not subject to Arbitration.
Date of Payment
5/19/2017
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff? Yes
Indemnity Paid by Insurer on behalf of Insured $1,000,000
Loss Adjust Expense Paid to Defense Counsel $23,887
All Other Loss Adjustment Expense Paid $27,279
Injured Person's Total Non-Economic Loss $1,750,000
Deductible $0
Injured Person's Total Economic Loss
  Incurred to Date Anticipated
Medical Expense $368,000 $0
Wage Loss $120,000 $0
Other Expenses $0 $0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Insurance company staff consulted with insured to discuss preventative measures. Patient Safety referral is made if appropriate.
 
Updates
 
No updates found.

 

 

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Dr. William R Bosley Medical Malpractice Lawsuits - Court Case # 2015CA000506

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201783490
Claim Number : WC/101184-14
Date Submitted : 10/25/2017
 
Insurer Information
 
Insurer Name Coverage Type
Watson Clinic LLP Primary
Insurer FEIN Professional License Number
59-070493  
Insurer Contact Information
Type First Name MI Last Name
Individual Diane   Szymanski
Street Address
1600 Lakeland Hills Blvd
City State Zip
Lakeland FL 33805
Phone Ext Fax E-Mail Address
(863) 680 - 7620   (863) 616 - 2430 aszymanski@watsonclinic.com
 
Insured Information
 
Type First Name MI Last Name
Individual William R Bosley
Insurer Type Street Address of Practice
Self-Insurer 1600 Lakeland Hills Blvd
City State Zip Code County
Lakeland FL 33805 Polk
Policy Number Per Claim Policy Limits Aggregate Policy Limits
PH1404269-PL $200,000,000 $1,800,000,000
Profession or Business Other Profession or Business
Medical Doctor  
License Number Specialty Code & Classification Certification Number
ME20250 Otorhinolaryngology - No Surgery  

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First Name MI Last Name Date of Birth
       
Street Address Gender County where Injury Occurred
  F Polk
City State Zip Code
     
Location where injury occured Other location where injury occured
Other Outpatient Facility Physician's Office
Name of Institution Code
N/A 000000
Location of Institutional Injury Other Location of Institutional Injury
   
Date of Occurrence Date Reported to Insurer
7/12/2012 11/7/2014
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Squamous cell carcinoma of the left ear canal.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
The patient first presented to Dr. Bosley in 2010 with a long history of ear problems dating back to childhood. Presentations and symptoms as an adult included intermittent discharge, mild pain and irritation of both ears. Extensive evaluations of ongoing acute symptoms were provided with treatment including negative imaging studies, medication, and intermittent removal of debris buildup via microscope from the ear canal. Patient would report feeling better with improvement of sensation and hearing. Neck examinations were negative for nodes, masses, or tenderness. High doses of narcotic analgesics were never requested or required at anytime under Dr. Bosley's care. The patient had been requested to return in two weeks but instead cancelled her appointment and did not return for more than a year. Upon return to Dr. Bosley's care in June of 2012, after more than a year's abscense, her symptoms of left ear external otitus where similar but with no improvement. The physician ordered CT imaging of the temporal bone and the results of the ear scan was normal except for external ear canal edema which was partially caused by Weck-Cel packing. Also there was no evidence of erosion or cancer of her mastoid bone or middle ear identified. Approximately three weeks after the CT scan, granulation tissue was noted for the first time and a surgical ENT consult was obtained. At which time, a very aggressive cancer was discovered in the ear canal.
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Not applicable. This claim did not involve a misdiagnosis.
Principal Injury Giving Rise To The Claim
Claim is based on the allegation of delay in diagnosis of a very aggressive squamous cell carcinoma of the left ear canal in approximately July 2012, followed by patient's demise in September 2013.
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of Suit Circuit Court Case Number
2/10/2015 2015CA000506
County Suit Filed in Date of Final Disposition
Polk 9/25/2017
Other Defendants Involved in this Claim
 
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court Decision Other
No Court Proceedings.  
Arbitration
Claim not subject to Arbitration.
Date of Payment
9/25/2017
 
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 $33,553
All Other Loss Adjustment Expense Paid $40,764
Injured Person's Total Non-Economic Loss $0
Deductible $0
Injured Person's Total Economic Loss
  Incurred to Date Anticipated
Medical Expense $0 $0
Wage Loss $0 $0
Other Expenses $0 $0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Circumstances of event have been reviewed with individual parties involved.
 
Updates
 
No updates found.

 

 

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Dr. Manuel M Fiesta Medical Malpractice Lawsuits - Court Case # 53-2010-CA-006451-WH

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201886949
Claim Number : 7030034919
Date Submitted : 11/8/2018
 
Insurer Information
 
Insurer Name Coverage Type
LANDMARK AMERICAN INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
73-0994137  
Insurer Contact Information
Type First Name MI Last Name
Individual Jim   Dapolite
Street Address
945 East Paces Ferry Rd, Suite 1800
City State Zip
Atlanta GA 30326
Phone Ext Fax E-Mail Address
(404) 682 - 7683   (404) 262 - 4437 jdapolite@rsui.com
 
Insured Information
 
Type First Name MI Last Name
Individual Manuel M Fiesta
Insurer Type Street Address of Practice
Licensed 919 Brookwood Dr
City State Zip Code County
Lakeland FL 33813 Polk
Policy Number Per Claim Policy Limits Aggregate Policy Limits
LHM720867 $1,000,000 $3,000,000
Profession or Business Other Profession or Business
Medical Doctor  
License Number Specialty Code & Classification Certification Number
ME20650 Surgery - Obstetrics - Gynecology  

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First Name MI Last Name Date of Birth
       
Street Address Gender County where Injury Occurred
  M Polk
City State Zip Code
     
Location where injury occured Other location where injury occured
Hospital Inpatient Facility  
Name of Institution Code
LAKELAND REGIONAL MEDICAL CENTER 100157
Location of Institutional Injury Other Location of Institutional Injury
Labor and Delivery Room  
Date of Occurrence Date Reported to Insurer
12/27/2008 1/20/2010
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
This claim relates to a minor who was diagnosed with hypoxic ischemic encephalopathy as a result of the lack of oxygen to his brain and spinal cord during his birth. While Dr. Fiesta is a board certified OB/GYN, he is retired and was working at this hospital as a surgical tech. Dr. Fiesta had no privileges at this hospital and never treated the mother. He never touched the child either but retracted the mother's skin in prep for delivery. There were complications related to the actual delivery and Dr. Fiesta was named in the suit.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Dr. Fiesta retracted the skin of the birthing mother before the C-section took place. He is a retired physician and no longer practices. As a result, he had never previously treated the child's mother nor did he have any interaction or perform any treatment for the child after his birth.
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
This claim relates to a minor who was diagnosed with hypoxic ischemic encephalopathy as a result of the lack of oxygen to his brain and spinal cord during his birth. While Dr. Fiesta is a board certified OB/GYN, he is retired and was working at this hospital as a surgical tech. Dr. Fiesta had no privileges at this hospital and never treated the mother. He never touched the child either but retracted the mother's skin in prep for delivery. There were complications related to the actual delivery and Dr. Fiesta was named in the suit.
Principal Injury Giving Rise To The Claim
This claim relates to a minor who was diagnosed with hypoxic ischemic encephalopathy as a result of the lack of oxygen to his brain and spinal cord during his birth. While Dr. Fiesta is a board certified OB/GYN, he is retired and was working at this hospital as a surgical tech. Dr. Fiesta had no privileges at this hospital and never treated the mother. He never touched the child either but retracted the mother's skin in prep for delivery. There were complications related to the actual delivery and Dr. Fiesta was named in the suit.
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 Suit Circuit Court Case Number
8/2/2010 53-2010-CA-006451-WH
County Suit Filed in Date of Final Disposition
Polk 5/10/2018
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 Decision Other
No Court Proceedings.  
Arbitration
Claim not subject to Arbitration.
Date of Payment
7/11/2018
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff? Yes
Indemnity Paid by Insurer on behalf of Insured $1,000,000
Loss Adjust Expense Paid to Defense Counsel $126,286
All Other Loss Adjustment Expense Paid $47,844
Injured Person's Total Non-Economic Loss $0
Deductible $25,000
Injured Person's Total Economic Loss
  Incurred to Date Anticipated
Medical Expense $0 $0
Wage Loss $0 $0
Other Expenses $0 $0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
The physician retired.
 
Updates
 
No updates found.

 

 

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Dr. Obinna U Nwobi Medical Malpractice Lawsuits - Court Case # 2011CA-006072-0000-0

Indemnity Paid: $975,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201265133
Claim Number :WC/8081-12
Date Submitted :10/16/2012
 
Insurer Information
 
Insurer NameCoverage Type
Watson Clinic LLPPrimary
Insurer FEINProfessional License Number
59-0704934SI
Insurer Contact Information
TypeFirst NameMILast Name
IndividualDee Owens
Street Address
1600 Lakeland Hills Blvd.
CityStateZip
LakelandFL33805
PhoneExtFaxE-Mail Address
(863) 680 - 7620 (863) 616 - 2430dowens@watsonclinic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualObinnaUNwobi
Insurer TypeStreet Address of Practice
Self-Insurer1600 Lakeland Hills Blvd
CityStateZip CodeCounty
LakelandFL33805Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PH1002069$2,000,000$18,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME106633Surgery - Vascular 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MPolk
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilityWatson Clinic Heart & Vascular Institute
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
7/19/20106/7/2012
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Occlusive vascular disease.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Angioplasty and stenting.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Not applicable - the complaication was recognized immedaitely.No misdiagnosis was made in this case
Principal Injury Giving Rise To The Claim
Patient underwent angioplasty and stenting for occlusive vascular disease.During the procedure, the patient experienced a perforation of the left iliac artery at the site of the stenotic lesion.The perforation was promptly and appropriately treated with a covered stent.Weeks later, the patient was subsequently admitted to the hospital for an infected pseudoaneurysm at the access site in the common femoral artery for the angioplasty and stenting procedure.Patient discharged to skilled nursing faciltiy status post repair of infected pseudoaneurysm.
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
12/9/20112011CA-006072-0000-0
County Suit Filed inDate of Final Disposition
Polk6/20/2012
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
6/20/2012
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$975,000
Loss Adjust Expense Paid to Defense Counsel$21,605
All Other Loss Adjustment Expense Paid$3,532
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
Patient experienced known complications of the procedure, which was recognized and treated.Additional complications related to patient co-morbidities.Reviewed patient selection criteria.However, patient had no contraindications.Remind physicians to exercise caution with patient selection.
 
Updates
 
No updates found.

 

 

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Dr. Vincent W Gatto Medical Malpractice Lawsuits - Court Case # 2003-CA-573

Indemnity Paid: $975,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200534286
Claim Number :16380
Date Submitted :11/9/2005
 
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 - 2247cwehner@magmutual.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualVincentWGatto
Insurer TypeStreet Address of Practice
Licensed500 E. Central Avenue
CityStateZip CodeCounty
Winter HavenFL33880Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1600278 01$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME43937Surgery - Obstetrics - Gynecology2301

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MPolk
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
WINTER HAVEN HOSPITAL100052
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
6/1/19999/27/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Cerebral palsy
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
C-section
Diagnostic Code :DC799.0
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged performance of an unnecessary cesarean section
Principal Injury Giving Rise To The Claim
Cerebral palsy
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
2/6/20032003-CA-573
County Suit Filed inDate of Final Disposition
Polk7/5/2005
Other Defendants Involved in this Claim
Bond & Steele Clinic, P.A.
Winter Haven Hospital, Inc.
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
1/24/2005
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$975,000
Loss Adjust Expense Paid to Defense Counsel$62,780
All Other Loss Adjustment Expense Paid$89,280
Injured Person's Total Non-Economic Loss$975,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$400,000$10,000,000
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Risk Management has counseled insured
 
Updates
 
 
Date of Change:11/8/2005 12:11:01 PM
Reason for Change:Corrected final disposition date
 
Field ChangedFormer ValueNew Value
Date of Final Disposition23-DEC-0405-JUL-05
 
Date of Change:11/9/2005 9:43:23 AM
Reason for Change:Corrected various fields pursuant to State audit
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel10700062780
Defendant Entity NameWinter Haven Hospital, Inc.
No Other Defendants10
Payment Date23-DEC-0424-JAN-05
Defendant Entity NameBond & Steele Clinic, P.A.
All Other Loss Adjustment Expense Paid3800089280
Date Suit Filed25-APR-0306-FEB-03

 

 

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Dr. RONG HO Medical Malpractice Lawsuits - Court Case # 08-CA-8636

Indemnity Paid: $975,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200953292
Claim Number :25688/27317
Date Submitted :6/19/2009
 
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 - 2247cwehner@magmutual.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualRONG HO
Insurer TypeStreet Address of Practice
Licensed2668 Wyndsor Oaks Way
CityStateZip CodeCounty
Winter HavenFL33884Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 0104771 09$500,000$1,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME23639Radiology - interventional 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FPolk
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
HEART OF FLORIDA REGIONAL MEDICAL CENTER100137
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
3/3/20076/6/2007
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Intra-abdominal bleeding resulting in hemorrhagic shock
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
CT of the abdomen/pelvis
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to diagnose internal bleeding
Principal Injury Giving Rise To The Claim
Neurological brain injury
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
9/15/200808-CA-8636
County Suit Filed inDate of Final Disposition
Polk6/12/2009
Other Defendants Involved in this Claim
Heart of Florida Regional Medical Center
Boyer, MD, Michael
Stage of Legal System at which Settlement was Reached or Award Made
Within 90 days of suit being filed.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
3/30/2009
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$975,000
Loss Adjust Expense Paid to Defense Counsel$15,748
All Other Loss Adjustment Expense Paid$8,695
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$1,266,170$23,207,052
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Risk management has counseled insured
 
Updates
 
 
Date of Change:6/19/2009 11:00:39 AM
Reason for Change:Report updated to reflect Court Document final disposition date of 06/12/09
 
Field ChangedFormer ValueNew Value
Date of Final Disposition30-MAR-0912-JUN-09

 

 

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Dr. John R Bradshaw Medical Malpractice Lawsuits - Court Case # 2010CA007897000000

Indemnity Paid: $947,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201574052
Claim Number : WC/101551-10
Date Submitted : 4/1/2015
 
Insurer Information
 
Insurer Name Coverage Type
Watson Clinic LLP Primary
Insurer FEIN Professional License Number
59-070493  
Insurer Contact Information
Type First Name MI Last Name
Individual Diane   Szymanski
Street Address
1600 Lakeland Hills Blvd
City State Zip
Lakeland FL 33805
Phone Ext Fax E-Mail Address
(863) 680 - 7697   (863) 616 - 2430 aszymanski@watsonclinic.com
 
Insured Information
 
Type First Name MI Last Name
Individual John R Bradshaw
Insurer Type Street Address of Practice
Self-Insurer 1600 Lakeland Hills Blvd
City State Zip Code County
Lakeland FL 33805 Polk
Policy Number Per Claim Policy Limits Aggregate Policy Limits
YD009900h $2,000,000 $15,000,000
Profession or Business Other Profession or Business
Medical Doctor  
License Number Specialty Code & Classification Certification Number
ME50635 Radiology - interventional N/A

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First Name MI Last Name Date of Birth
       
Street Address Gender County where Injury Occurred
  F Polk
City State Zip Code
     
Location where injury occured Other location where injury occured
Hospital Inpatient Facility  
Name of Institution Code
LAKELAND REGIONAL MEDICAL CENTER 100157
Location of Institutional Injury Other Location of Institutional Injury
Patients' Room  
Date of Occurrence Date Reported to Insurer
3/23/2009 5/5/2010
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Abdominal aortic aneurysm
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Endovascular repair using stent graft
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Not applicable. No misdiagnosis was made in this case. Abdominal aortic aneurysm
Principal Injury Giving Rise To The Claim
60 y.o. pt with abdominal aortic aneurysm underwent surgical repair using a stent graft experienced postop complication of hypertensive encephalopathy and suffered a stroke in the ICU. Plaintiff alleged failure to recognize improper placement of graft.
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of Suit Circuit Court Case Number
9/23/2010 2010CA007897000000
County Suit Filed in Date of Final Disposition
Polk 3/4/2015
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 Decision Other
Directed verdict for plaintiff.  
Arbitration
Claim not subject to Arbitration.
Date of Payment
3/4/2015
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff? Yes
Indemnity Paid by Insurer on behalf of Insured $947,000
Loss Adjust Expense Paid to Defense Counsel $83,358
All Other Loss Adjustment Expense Paid $60,526
Injured Person's Total Non-Economic Loss $0
Deductible $0
Injured Person's Total Economic Loss
  Incurred to Date Anticipated
Medical Expense $0 $0
Wage Loss $0 $0
Other Expenses $0 $0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Circumstance of event has been reviewed with the individual parties involved
 
Updates
 
No updates found.

 

 

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Dr. Kortney D Hightower Medical Malpractice Lawsuits - Court Case # 2010CA-000472-0000-L

Indemnity Paid: $900,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201056560
Claim Number :WC/7498-09
Date Submitted :2/22/2010
 
Insurer Information
 
Insurer NameCoverage Type
Watson Clinic LLPPrimary
Insurer FEINProfessional License Number
59-0704934SI
Insurer Contact Information
TypeFirst NameMILast Name
IndividualDee Owens
Street Address
1600 Lakeland Hills Blvd.
CityStateZip
LakelandFL33805
PhoneExtFaxE-Mail Address
(863) 680 - 7620 (863) 616 - 2430dowens@watsonclinic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualKortneyDHightower
Insurer TypeStreet Address of Practice
Self-Insurer1033 N. Parkway Frontage Rd
CityStateZip CodeCounty
LakelandFL33803Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
YD009900g$2,000,000*NR
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME95249Dermatology - Minor Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MPolk
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
12/18/20076/30/2009
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient presented with skin lesion to biopsy
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
56-yr old patient underwent biopsy of abnormal skin lesion in 2007 that was lost to followup and never received pathology results.Patient later returned for preop clearance for metastatic malignant melanoma diagnosed by outside ENT.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Not applicable.No misdiagnosis was made.
Principal Injury Giving Rise To The Claim
Malignant melanoma lost to followup.
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
1/15/20102010CA-000472-0000-L
County Suit Filed inDate of Final Disposition
Polk2/4/2010
Other Defendants Involved in this Claim
Watson Clinic LLP
Stage of Legal System at which Settlement was Reached or Award Made
Within 90 days of suit being filed.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
2/8/2010
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$900,000
Loss Adjust Expense Paid to Defense Counsel$5,873
All Other Loss Adjustment Expense Paid$5,539
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
Revised results tracking process to require outside audit of completed follow-up.Anticipate implementation of electronic tracking with upgrade of electronic medical record in June 2010.
 
Updates
 
No updates found.

 

 

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

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Dr. Robert K Lerner Medical Malpractice Lawsuits - Court Case # 53-2005CA-0023200000

Indemnity Paid: $825,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200642134
Claim Number :18567
Date Submitted :11/7/2006
 
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 - 2247cwehner@magmutual.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualRobertKLerner
Insurer TypeStreet Address of Practice
Licensed500 East Central Avenue
CityStateZip CodeCounty
Winter HavenFL33880Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1600278 02$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME48218Surgery - Orthopedic3901

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FPolk
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
WINTER HAVEN HOSPITAL100052
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
5/10/20039/16/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Fracture of femoral neck
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Resection of proximal femur and implant of endoprosthetic replacement
Diagnostic Code :415.10
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to order precautionary medications upon discharge for prevention of DVT
Principal Injury Giving Rise To The Claim
Pulmonary embolism
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
11/4/200553-2005CA-0023200000
County Suit Filed inDate of Final Disposition
Polk10/13/2006
Other Defendants Involved in this Claim
Bond Clinic
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
9/6/2006
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$825,000
Loss Adjust Expense Paid to Defense Counsel$55,144
All Other Loss Adjustment Expense Paid$21,389
Injured Person's Total Non-Economic Loss$825,000
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
Risk management has counseled insured
 
Updates
 
 
Date of Change:11/7/2006 2:57:37 PM
Reason for Change:Report updated to reflect Court document final disposition date of 10/13/06.
 
Field ChangedFormer ValueNew Value
Date of Final Disposition22-AUG-0613-OCT-06

 

 

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Dr. Frances M Harris Medical Malpractice Lawsuits - Court Case # 2017CA-000034

Indemnity Paid: $825,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201783931
Claim Number : WC/105025-15
Date Submitted : 12/29/2017
 
Insurer Information
 
Insurer Name Coverage Type
Watson Clinic LLP Primary
Insurer FEIN Professional License Number
59-070493  
Insurer Contact Information
Type First Name MI Last Name
Individual Diane   Szymanski
Street Address
1600 Lakeland Hills Blvd
City State Zip
Lakeland FL 33805
Phone Ext Fax E-Mail Address
(863) 680 - 7620   (863) 616 - 2430 aszymanski@watsonclinic.com
 
Insured Information
 
Type First Name MI Last Name
Individual Frances M Harris
Insurer Type Street Address of Practice
Self-Insurer 1600 Lakeland Hills Blvd
City State Zip Code County
Lakeland FL 33805 Polk
Policy Number Per Claim Policy Limits Aggregate Policy Limits
PH1605501-PL $2,000,000 $18,000,000
Profession or Business Other Profession or Business
Medical Doctor  
License Number Specialty Code & Classification Certification Number
ME93928 Anesthesiology  

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First Name MI Last Name Date of Birth
       
Street Address Gender County where Injury Occurred
  F Polk
City State Zip Code
     
Location where injury occured Other location where injury occured
Hospital Inpatient Facility  
Name of Institution Code
LAKELAND REGIONAL MEDICAL CENTER 100157
Location of Institutional Injury Other Location of Institutional Injury
Operating Suite  
Date of Occurrence Date Reported to Insurer
12/4/2015 10/12/2016
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient with atrial fibrillation, prior strokes, known atrial septal defect, and prior history of repeated falls and subdural hematoma presented to the hospital for placement of a Watchman device, as she was at high risk for oral anticoagulant therapy.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Fellowship trained cardiovascular anesthesiologist attempted to place a central line in the right internal jugular but was unsuccessful, so an attempt was made on the left internal jugular. After encountered difficulties a subclavian central line was attempted. Ultimately central line access was obtained through the groin. During the Watchman device procedure the patient experienced mild hypotension and a drop in her hemoglobin. These hemodynamic changes seen in the procedure were thought by all 3 physicians involved to be typical in a pacemaker dependent patient which could not increase heart rate and cardiac output to counter the vasodilatory effects of inhalational anesthetics. Pressors were administered, and breath sounds were identified. At conclusion of the lengthy and complicated procedure the patient was slow to awaken. She was transported to the PACU where she began to experience significant hypotension. Dr. Harris was unable to detect breath sounds on the right side. A chest x-ray did not identify a pneumothorax on the right side but did identify a hemothorax on the left. An emergency chest tube was placed to drain the hemothorax. CT of the chest obtained showed a pneumothorax on the right side. Additional diagnostic scans were performed in an attempt to identify potential difficulties causing the patients delayed arousability and source of hemothorax. No source of bleeding or stroke were identified. Patient's neurological condition improved that day and continued to improve over the next several days without noted focal deficits. 9 days post device placement the patient developed a new onset of right-sided weakness. Neurologist assessment was this was likely related to a lacunar acute ischemic stroke.
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Not applicable. This claim did not involve a misdiagnosis.
Principal Injury Giving Rise To The Claim
Nine days post Watchman device placement, the patient developed a new onset of right-sided weakness. Neurologist assessment noted that this was likely related to lacunar acute ischemic stroke (not more than 3-5 days old) and was felt to be unrelated to any potential complication that may have occurred during the placement of the Watchman device.
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 Suit Circuit Court Case Number
1/25/2017 2017CA-000034
County Suit Filed in Date of Final Disposition
Polk 11/28/2017
Other Defendants Involved in this Claim
 
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court Decision Other
No Court Proceedings.  
Arbitration
Claim not subject to Arbitration.
Date of Payment
11/28/2017
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff? Yes
Indemnity Paid by Insurer on behalf of Insured $825,000
Loss Adjust Expense Paid to Defense Counsel $70,465
All Other Loss Adjustment Expense Paid $25,064
Injured Person's Total Non-Economic Loss $0
Deductible $0
Injured Person's Total Economic Loss
  Incurred to Date Anticipated
Medical Expense $0 $0
Wage Loss $0 $0
Other Expenses $0 $0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Circumstance of event reviewed with individual parties involved and although experts were supportive of the care provided, given the uncertainty of litigation and a sympathetic patient, a business decision was made to resolve the case short of a jury trial. This decision was strongly influenced by specific threats to include additional providers in this malpractice claim. Dr. Harris admitted no fault or liability as a result of this settlement of what was a doubtful and disputed claim.
 
Updates
 
No updates found.

 

 

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