Medical Malpractice Cases

Medical Malpractice Cases In Sarasota County Florida

Dr. BRIAN A SCHOFIELD Medical Malpractice Lawsuits - Court Case # 2003 CA 4313NC

Indemnity Paid: $1,250,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200537265
Claim Number :A01-25292-01
Date Submitted :10/12/2005
 
Insurer Information
 
Insurer NameCoverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INCPrimary
Insurer FEINProfessional License Number
59-6614702 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualCheriMMontague
Street Address
1000 Riverside Drive, Suite 800
CityStateZip
JacksonvilleFL32204
PhoneExtFaxE-Mail Address
(800) 741 - 37423043(904) 358 - 6728montague@fpic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualBrianASchofield
Insurer TypeStreet Address of Practice
Licensed4937 Clark Road
CityStateZip CodeCounty
SarasotaFL34233Sarasota
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
18245$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME68192Surgery - Orthopedic80154

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSarasota
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
6/19/200112/31/2001
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Septic infection of wrist, resulting in osteomyelitis of bones in wrist.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Failure to properly interpret lab studies.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Failure to diagnose infectious process in wrist.
Principal Injury Giving Rise To The Claim
Surgical fusion of wrist.
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs.Includes non-disabling injuries.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
4/1/20032003 CA 4313NC
County Suit Filed inDate of Final Disposition
Sarasota9/15/2005
Other Defendants Involved in this Claim
Gulfcoast Orthopaedic Center
Stage of Legal System at which Settlement was Reached or Award Made
After court verdict and prior to filing of notice of appeal.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
9/15/2005
 
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$17,983
All Other Loss Adjustment Expense Paid$10,307
Injured Person's Total Non-Economic Loss$743,608
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$91,392$15,000
Wage Loss$100,000$300,000
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Insurance company staff consulted with insured to discuss preventative measures. Risk management referral is made if appropriate.
 
Updates
 
No updates found.

 

 

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Dr. SCOTT A TETREAULT Medical Malpractice Lawsuits - Court Case # 2004 CA 10891 NC

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200643117
Claim Number :A04-30981-03
Date Submitted :11/13/2006
 
Insurer Information
 
Insurer NameCoverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INCPrimary
Insurer FEINProfessional License Number
59-6614702 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualCheriMMontague
Street Address
1000 Riverside Avenue, Suite 800
CityStateZip
JacksonvilleFL32204
PhoneExtFaxE-Mail Address
(800) 741 - 37423043(904) 358 - 6728montague@fpic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualScottATetreault
Insurer TypeStreet Address of Practice
Licensed5969 Cattle Ridge Blvd.
CityStateZip CodeCounty
SarasotaFL34232Sarasota
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
64663$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME65204Oncology - no surgery80259

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSarasota
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
COLUMBIA DOCTORS' HOSPITAL-SARASOTA100166
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
2/12/20037/1/2004
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Sickle cell disease.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
None.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to treat acute chest syndrome.
Principal Injury Giving Rise To The Claim
Kidney damage and ophthalmologic disorder.
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
11/23/20042004 CA 10891 NC
County Suit Filed inDate of Final Disposition
Sarasota10/25/2006
Other Defendants Involved in this Claim
Sarasota Doctor's Hospital
Dudenhoeffer, M.D., Thomas K
Erb, D.O., Donald
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
10/25/2006
 
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$76,162
All Other Loss Adjustment Expense Paid$57,659
Injured Person's Total Non-Economic Loss$1,000,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Insurance company staff consulted with insured to discuss preventative measures. Risk management referral is made if appropriate.
 
Updates
 
No updates found.

 

 

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Dr. THOMAS K DUDENHOEFFER Medical Malpractice Lawsuits - Court Case # 2004 CA 10891 NC

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200744931
Claim Number :30981-02
Date Submitted :3/22/2007
 
Insurer Information
 
Insurer NameCoverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INCPrimary
Insurer FEINProfessional License Number
59-6614702 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualCheriMMontague
Street Address
1000 Riverside Avenue, Suite 800
CityStateZip
JacksonvilleFL32204
PhoneExtFaxE-Mail Address
(800) 741 - 37423043(904) 358 - 6728montague@fpic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualThomasKDudenhoeffer
Insurer TypeStreet Address of Practice
Licensed7721 Holiday Drive
CityStateZip CodeCounty
SarasotaFL34231Sarasota
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
30170$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME65379Internal Medicine - No Surgery80257

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSarasota
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
COLUMBIA DOCTORS' HOSPITAL-SARASOTA100166
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
2/12/20037/6/2004
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Sickle cell disease crisis.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
None.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to diagnose acute chest syndrome.
Principal Injury Giving Rise To The Claim
Kidney failure and neurologic damage.
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
11/18/20042004 CA 10891 NC
County Suit Filed inDate of Final Disposition
Sarasota3/1/2007
Other Defendants Involved in this Claim
Columbia Doctor's Hospital-Sarasota
Erb, D.O., Donald
Tetreault, M.D., Scott
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
3/1/2007
 
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$81,633
All Other Loss Adjustment Expense Paid$74,472
Injured Person's Total Non-Economic Loss$1,000,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Insurance company staff consulted with insured to discuss preventative measures. Risk management referral is made if appropriate.
 
Updates
 
No updates found.

 

 

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Dr. JAMES EADENS Medical Malpractice Lawsuits - Court Case # 2010CA004994NC

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201058861
Claim Number :39497-02
Date Submitted :10/20/2010
 
Insurer Information
 
Insurer NameCoverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INCPrimary
Insurer FEINProfessional License Number
59-6614702 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualOdessa Choice
Street Address
1000 Riverside Avenue, Suite 800
CityStateZip
JacksonvilleFL32204
PhoneExtFaxE-Mail Address
(800) 741 - 37423045(904) 358 - 6728odessa.choice@fpic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJames Eadens
Insurer TypeStreet Address of Practice
Licensed2001 Webber Street
CityStateZip CodeCounty
SarasotaFL34231Sarasota
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
79670$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME14383Pathology - No Surgery80266

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSarasota
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
SARASOTA MEMORIAL HOSPITAL100087
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
11/14/20061/29/2010
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Severe colitis.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged failure to timely diagnose colon cancer, resulting in a one year delay with metastasis.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
Colon cancer.
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
5/17/20102010CA004994NC
County Suit Filed inDate of Final Disposition
Sarasota10/1/2010
Other Defendants Involved in this Claim
 
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
10/1/2010
 
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$17,160
All Other Loss Adjustment Expense Paid$16,770
Injured Person's Total Non-Economic Loss$1,000,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Insurance company staff consulted with insured to discuss preventative measures. Risk management referral is made if appropriate.
 
Updates
 
No updates found.

 

 

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Dr. FRANTZ SIMEON Medical Malpractice Lawsuits - Court Case # 2015CA000872NC

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201783637
Claim Number : SM272558
Date Submitted : 11/14/2017
 
Insurer Information
 
Insurer Name Coverage Type
EVANSTON INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
36-2950161  
Insurer Contact Information
Type First Name MI Last Name
Individual CRYSTAL L ALSTONBAYTON
Street Address
4600 COX ROAD
City State Zip
GLEN ALLEN VA 23060
Phone Ext Fax E-Mail Address
(804) 864 - 3731   (855) 662 - 7535 CALSTONBAYTON@MARKELCORP.COM
 
Insured Information
 
TypeFirst NameMILast Name
IndividualFRANTZ SIMEON
Insurer TypeStreet Address of Practice
Licensed4960 SW 72ND AVE; STE 400
CityStateZip CodeCounty
MIAMIFL33155Dade
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
SM897682$1,000,000$5,000,000
Profession or BusinessOther Profession or Business
OtherMEDICAL DENTAL BEHAVIORAL SERVICES TO CORRECTIONAL FACILITY
License NumberSpecialty Code & ClassificationCertification Number
ACN323  

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSarasota
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other LocationSARASOTA COUNTY JAIL CELL
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
OtherINMATE CELL
Date of OccurrenceDate Reported to Insurer
4/17/20145/27/2014
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
CLMT ALLEGES FAILURE TO TREAT BACK CONDITION RESULTING IN L2-3 LAMINECTOMY AND MICRODISKECTOMY
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
DELAYED DIAGNOSIS S/P PERMANENT NEUROLOGICAL INJURIES INCLUDING BUT NOT LIMITED TO BLADDER DYSFUNCTION LOSS OF SENSATION IN HIS SADDLE AREA, INABILITY TO OBTAIN AN ERECTION SEVERE PAIN AND DIMINISHED STRENGTH AND MOTOR FUNCTION IN HIS LEGS
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
NO MISDIAGNOSIS
Principal Injury Giving Rise To The Claim
CLMT PRESENT TO JAIL WITH HISTORY OF STENOSIS AND DEGENERATIVE DISK DISEASE IN HIS LOWER BACK. WALKED WITH NO ASSISTANCE OTHER THAN KNEE BRACE. ALLEGES RE-INJ AROUND 04172014 AND CAME UNDER ARMOR'S CARE. ALLEGES SHOOTING PAINS IN LEGS AND REQ'D WHEELCHAIR D/T INABILITY TO WALK. ALLEGES PAIN PERSISTED AND HE WAS REFUSED REQUEST TO GO TO ER. ON 04112014 HE WAS PUT IN MEDICAL UNITY WITH FULL BRACE NOTING STRESS FRACTURE. RELEASED TO GEN POP ON 04142014. GIVEN LOWER BUNK ADVISED NO WEIGHT BEARING FOR 5-6 WEEKS. ALLEGES CONDITION WORSENED UPON RELEASE ON 04232014 HE WAS RELEASED FROM JAIL. HE CALLED 911, WAS TRANSPORTED FROM JAIL. REMAINED IN HOSPITAL UNTIL RELEASED ON 06012014. ALLEGES DUE TO DELAYED DIAGNOSIS, HE NOW HAS PERMANENT INJURY.
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs. Includes non-disabling injuries.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
2/17/20152015CA000872NC
County Suit Filed inDate of Final Disposition
Sarasota4/30/2016
Other Defendants Involved in this Claim
ENNIS, LAURA A
ATKINSON, JAMES E
BURK, LISA B
CARSTENS, SONJA K
Stage of Legal System at which Settlement was Reached or Award Made
Within the pre-suit period as set forth in 766.106 (more than 90 days before suit is filed).
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
4/30/2016
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,000,000
Loss Adjust Expense Paid to Defense Counsel$60,568
All Other Loss Adjustment Expense Paid$49,328
Injured Person's Total Non-Economic Loss$0
Deductible$50,000
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
NONE
 
Updates
 
No updates found.

 

 

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Dr. KEVIN L BOYER Medical Malpractice Lawsuits - Court Case # 2003 CA 2236NC

Indemnity Paid: $995,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200535176
Claim Number :A02-27267-00
Date Submitted :6/19/2006
 
Insurer Information
 
Insurer NameCoverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INCPrimary
Insurer FEINProfessional License Number
59-6614702 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualCheriMMontague
Street Address
1000 Riverside Avenue, Suite 800
CityStateZip
JacksonvilleFL32204
PhoneExtFaxE-Mail Address
(800) 741 - 37423043(904) 358 - 6728montague@fpic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualKevinLBoyer
Insurer TypeStreet Address of Practice
Licensed7252 Manatee Avenue W
CityStateZip CodeCounty
BradentonFL34209Manatee
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
37815$1,500,000$4,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME68033Surgery - Neurology - Including Child80152

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MManatee
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
7/25/200010/24/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
L5-S1 herniated disc and osteosarcoma of the left hip.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
None.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to diagnose osteosarcoma of the left hip.
Principal Injury Giving Rise To The Claim
Death.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
3/5/20032003 CA 2236NC
County Suit Filed inDate of Final Disposition
Sarasota5/26/2006
Other Defendants Involved in this Claim
Maklad, M.D., Nabil
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
5/26/2006
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$995,000
Loss Adjust Expense Paid to Defense Counsel$91,035
All Other Loss Adjustment Expense Paid$37,604
Injured Person's Total Non-Economic Loss$995,000
Deductible$50,000
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Insurance company staff consulted with insured to discuss preventative measures. Risk management referral is made if appropriate.
 
Updates
 
 
Date of Change:6/19/2006 10:11:54 AM
Reason for Change:A payment of $495,000 was made on 4/14/2005 and balance of $500,000 was paid 5/26/2006.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid1635637604
Indemnity Paid495000995000
Cause of InjuryAlleged delay in diagnosis of sarcoma.None.
Final DiagnosisClaimant was diagnosed with herniated disk and underwent surgical treatment for it. He was subsequently diagnosed with a pelvic sarcoma.L5-S1 herniated disc and osteosarcoma of the left hip.
Injured Person Address Street4104 17th Avenue West4104 17th Ave W
Payment Date14-APR-0526-MAY-06
Amount of Deductible Paid by Defendant050000
MisdiagnosisClaimant was treated for radiculopathy. It was claimed that there was a two month delay in the diagnosis of a sarcoma.Alleged failure to diagnose osteosarcoma of the left hip.
Amount of Loss Adjustment Expense Paid to Defense Counsel2325591035
Insured Address Street7252 Manatee Avenue W.7252 Manatee Avenue W
Date of Final Disposition14-APR-0526-MAY-06
Injured Person Total Non-Economic Loss495000995000

 

 

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Dr. DAVID K ALDRICH Medical Malpractice Lawsuits - Court Case # 2003 CA-3609NC

Indemnity Paid: $888,208.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200744625
Claim Number :119555
Date Submitted :9/23/2008
 
Insurer Information
 
Insurer NameCoverage Type
PROASSURANCE CASUALTY COMPANYPrimary
Insurer FEINProfessional License Number
38-2317569 
Insurer Contact Information
TypeEntity Name
EntityProNational Insurance Company
Street Address
13919 Carrollwood Village Run
CityStateZip
TampaFL33618
PhoneExtFaxE-Mail Address
(813) 969 - 2010 (813) 969 - 2120SNorris@ProAssurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualDAVIDKALDRICH
Insurer TypeStreet Address of Practice
Licensed436 Nokomis Avenue South
CityStateZip CodeCounty
VeniceFL34285Sarasota
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
MP38244$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME21203Surgery - Thoracic00000

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSarasota
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
BON SECOURS-VENICE HOSPITAL103004
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
11/5/200112/3/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Acute cholecystitis.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged injury to the common bile duct during laparoscopic cholecystectomy.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis.
Principal Injury Giving Rise To The Claim
Following surgery, ERCP indicated a stricture of the common bile duct which required balloon dilatation and an internal biliary stent.
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
3/19/20032003 CA-3609NC
County Suit Filed inDate of Final Disposition
Sarasota2/12/2007
Other Defendants Involved in this Claim
Surgical Associates of Venice
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 after appeal ... 
Arbitration
Claim not subject to Arbitration.
Date of Payment
2/16/2007
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$888,208
Loss Adjust Expense Paid to Defense Counsel$80,578
All Other Loss Adjustment Expense Paid$102,649
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
Insured has discussed case with insurance company personnel, medical experts and defense counsel.
 
Updates
 
 
Date of Change:5/24/2007 3:39:46 PM
Reason for Change:Update to reflect additional legal fees and expenses paid.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid8116681359
Amount of Loss Adjustment Expense Paid to Defense Counsel8046384922
 
Date of Change:9/6/2007 3:51:38 PM
Reason for Change:Update to reflect additional legal fees and expenses paid.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid8135981366
Amount of Loss Adjustment Expense Paid to Defense Counsel8492285324
 
Date of Change:9/23/2008 3:41:02 PM
Reason for Change:Report updated to reflect additional legal fees paid, and to reflect refund of costs.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid81366102649
Amount of Loss Adjustment Expense Paid to Defense Counsel8532480578

 

 

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Dr. STEVEN F FAULKNER Medical Malpractice Lawsuits - Court Case # 2019-CA-005223

Indemnity Paid: $850,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M202092863
Claim Number : 384181
Date Submitted : 6/25/2020
 
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 Shandra K Parks
Street Address
TDC - Jacksonville, 12724 Gran Bay Pkwy W, Suite 400
City State Zip
Jacksonville FL 32258
Phone Ext Fax E-Mail Address
(517) 324 - 6857   (707) 927 - 1809 sparks@thedoctors.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualStevenFFaulkner
Insurer TypeStreet Address of Practice
Licensed1700 S. Tamiami Trail
CityStateZip CodeCounty
SarasotaFL34239Sarasota
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
0934012$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Registered Nurse 
License NumberSpecialty Code & ClassificationCertification Number
ARNP9295951Anesthesiology 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSarasota
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
SARASOTA MEMORIAL HOSPITAL100087
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
5/30/20181/24/2019
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Retropharyngeal abscess
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Provision of anesthesia care during incision & drainage procedure performed by ENT surgeon
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
There was no misdiagnosis made.
Principal Injury Giving Rise To The Claim
Quadriplegia likely secondary to spinal cord infarct likely secondary to paraspinal infection
Severity Of Injury
Permanent: Grave - Quadraplegia, severe brain damage, lifelong care or fatal prognosis.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
11/11/20192019-CA-005223
County Suit Filed inDate of Final Disposition
Sarasota5/26/2020
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
6/19/2020
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$850,000
Loss Adjust Expense Paid to Defense Counsel$16,153
All Other Loss Adjustment Expense Paid$12,353
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
Insurance company staff consulted with insured to discuss preventative measures. Patient Safety referral is made if appropriate
 
Updates
 
No updates found.

 

Dr. LEONARD BERNARD Medical Malpractice Lawsuits - Court Case # 2019-CA-005223

Indemnity Paid: $850,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M202092864
Claim Number : 379976
Date Submitted : 7/6/2020
 
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
 
TypeFirst NameMILast Name
IndividualLeonard Bernard
Insurer TypeStreet Address of Practice
Licensed1261 South Tamiami Trail
CityStateZip CodeCounty
SarasotaFL34239Sarasota
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
0934012$2,000,000$5,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME64446Anesthesiology 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSarasota
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
SARASOTA MEMORIAL HOSPITAL100087
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
5/30/20181/24/2019
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Retropharyngeal abscess
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Provision of anesthesia care during incision & drainage procedure performed by ENT surgeon
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Quadriplegia likely secondary to spinal cord infarct likely secondary to para spinal infection
Severity Of Injury
Permanent: Grave - Quadraplegia, severe brain damage, lifelong care or fatal prognosis.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
11/11/20192019-CA-005223
County Suit Filed inDate of Final Disposition
Sarasota5/26/2020
Other Defendants Involved in this Claim
Byers, Matthew
Faulkner, Steven
Sarasota Memorial 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
6/23/2020
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$850,000
Loss Adjust Expense Paid to Defense Counsel$16,153
All Other Loss Adjustment Expense Paid$12,353
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
Insurance company staff consulted with insured to discuss preventative measures. Patient Safety referral is made if appropriate
 
Updates
 
No updates found.

 

Dr. JAN BROWN Medical Malpractice Lawsuits - Court Case # 2016-CA-003356

Indemnity Paid: $750,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201886680
Claim Number : EMC-FL-15-325806-1
Date Submitted : 10/11/2018
 
Insurer Information
 
Insurer Name Coverage Type
EmCare Holdings, Inc. Primary
Insurer FEIN Professional License Number
75-173235 SI
Insurer Contact Information
Type First Name MI Last Name
Individual Kathy A Stockton
Street Address
1900 W. LOOP S., STE. 1500
City State Zip
Houston TX 77027
Phone Ext Fax E-Mail Address
(713) 935 - 2404   (713) 461 - 8130 kathy_stockton@westernlitigation.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJAN BROWN
Insurer TypeStreet Address of Practice
Self-Insurer8330 LAKEWOOD RANCH RD
CityStateZip CodeCounty
BRADENTONFL34202Sarasota
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
HAZ1040025381-13$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME113488Emergency Medicine - Including Major Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSarasota
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Hospital/InstitutionDOCTORS HOSPITAL OF SARASOTA
Name of InstitutionCode
N/A000000
Location of Institutional InjuryOther Location of Institutional Injury
OtherER
Date of OccurrenceDate Reported to Insurer
10/10/201312/18/2015
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
CEREBRAL EMBOLUS
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
SEEN IN ER
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
ALLEGED FAILURE TO TIMELY REQUEST CONSULT
Principal Injury Giving Rise To The Claim
WORSENING CONDITION
Severity Of Injury
Temporary: Major - Burns, surgical material left, drug side effect, brain damage. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
6/30/20162016-CA-003356
County Suit Filed inDate of Final Disposition
Sarasota9/20/2018
Other Defendants Involved in this Claim
 
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
9/20/2018
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$750,000
Loss Adjust Expense Paid to Defense Counsel$0
All Other Loss Adjustment Expense Paid$0
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
UNKNOWN
 
Updates
 
No updates found.

 

 

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View All Medical Malpractice Cases In Sarasota County Florida

Medical Malpractice Lawyers in Sarasota county

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Barbara Huljek Gormley
Barbara H. Gormley, P.A.
2831 Ringling Blvd Ste 214E
Sarasota, FL 34237-5353
941-366-1290
http://www.barbarahgormleypa.com
Specialty: Medical Malpractice
Eligble to practice in Sarasota County Florida: Yes
Donna Tisch
Donna Tisch, Inc.
5409 Mang Pl
Sarasota, FL 34238-5766
239-826-3644
Specialty: Medical Malpractice
Eligble to practice in Sarasota County Florida: Yes
Douglas Boozer Lumpkin
Wicker Smith O'Hara McCoy & Ford, P A
Sarasota City Center
1819 Main St Ste 910
Sarasota, FL 34236-6000
941-366-4200
Specialty: Medical Malpractice
Eligble to practice in Sarasota County Florida: Yes
Edward Dusty Aker
AKER Law Firm, P.A.
240 S Pineapple Ave Ste 803
Sarasota, FL 34236-6742
941-462-2020
http://www.akerlawfirm.com
Specialty: Medical Malpractice
Eligble to practice in Sarasota County Florida: Yes
Isaiah Kaneen Floyd
ROLFES Henry Company, LPA
5577 Broadcast Ct
Sarasota, FL 34240-8472
941-684-0100
http://www.rolfeshenry.com
Specialty: Medical Malpractice
Eligble to practice in Sarasota County Florida: Yes
Jann Budde Logsdon
1701 Gulf of Mexico Dr Unit 606
Longboat Key, FL 34228-3434
502-558-6499
Specialty: Medical Malpractice
Eligble to practice in Sarasota County Florida: Yes
Jesse R Butler
Dickinson & Gibbons, P.A.
401 N Cattlemen Rd Ste 300
Sarasota, FL 34232-6438
941-366-4680
http://www.dglawyers.com
Specialty: Medical Malpractice
Eligble to practice in Sarasota County Florida: Yes
John Joseph Tripodi
The Tripodi Law Firm, PA
3230 Southgate Cir Unit 140
Sarasota, FL 34239-5514
713-474-7702
http://www.tripodilawfirm.com
Specialty: Medical Malpractice
Eligble to practice in Sarasota County Florida: Yes
Michael Geoffrey Brown
Michael G. Brown & Associates, P.A.
PO Box 19702
Sarasota, FL 34276-2702
941-780-1300
Specialty: Medical Malpractice
Eligble to practice in Sarasota County Florida: Yes
Paula Jean Lozano
Walters Levine & Lozano
1819 Main St Ste 1110
Sarasota, FL 34236-5999
941-364-8787
http://www.walterslevine.com
Specialty: Medical Malpractice
Eligble to practice in Sarasota County Florida: Yes
Ronald W. Chapman
Chapman Law Group
6841 Energy Ct
Sarasota, FL 34240-8523
941-893-3449
http://www.chapmanlawgroup.com
Specialty: Medical Malpractice
Eligble to practice in Sarasota County Florida: Yes
Yardley Drake Buckman II
Buckman & Buckman, P.A.
2023 Constitution Blvd
Sarasota, FL 34231-4108
941-923-7700
http://buckmanandbuckman.com
Specialty: Medical Malpractice
Eligble to practice in Sarasota County Florida: Yes

Frequently Asked Questions

Who can file a medical malpractice lawsuit in Florida?

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

Can you file a medical malpractice lawsuit without a lawyer?

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

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

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

What percentage do malpractice lawyers get?

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

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

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

Is there a cap on medical malpractice in Florida?

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

Do doctors in Florida have to have malpractice insurance?

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

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

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

What is considered medical malpractice in Florida?

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

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

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

Who can file a wrongful death suit in Florida?

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

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

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

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