Medical Malpractice Cases

Medical Malpractice Cases In St. Lucie County Florida

Dr. JAY I SCHORR Medical Malpractice Lawsuits - Court Case # 03-CA-000545(MP)

Indemnity Paid: $2,002,500.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200744242
Claim Number :27003-01
Date Submitted :2/1/2007
 
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
IndividualJayISchorr
Insurer TypeStreet Address of Practice
Licensed2401 Frist Blvd, Ste 1
CityStateZip CodeCounty
Fort PierceFL34950St. Lucie
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
19783$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME41989Internal Medicine - No Surgery80257

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSt. Lucie
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Patient's Home 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
  
Date of OccurrenceDate Reported to Insurer
2/3/20029/12/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient in MVA.Taken to ED and determined to be stable.Discharged home where he died 3 days later.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
None.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
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
4/8/200303-CA-000545(MP)
County Suit Filed inDate of Final Disposition
St. Lucie1/12/2007
Other Defendants Involved in this Claim
Swanson, M.D., Ronald
Lawnwood Medical Center
Stage of Legal System at which Settlement was Reached or Award Made
After appeal.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
Judgment for the plaintiff after appeal ... 
Arbitration
Claim not subject to Arbitration.
Date of Payment
1/12/2007
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$2,002,500
Loss Adjust Expense Paid to Defense Counsel$191,455
All Other Loss Adjustment Expense Paid$60,962
Injured Person's Total Non-Economic Loss$2,002,500
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. ZAFER TERMANINI Medical Malpractice Lawsuits - Court Case # 562016CA001195

Indemnity Paid: $1,125,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201781998
Claim Number : 156899-1
Date Submitted : 3/16/2018
 
Insurer Information
 
Insurer Name Coverage Type
HEALTH CARE INDEMNITY, INC. Primary
Insurer FEIN Professional License Number
61-0904881  
Insurer Contact Information
Type First Name MI Last Name
Individual Teresa   Ross
Street Address
One Park Plaza P.O. Box 555
City State Zip
Nashville TN 37202
Phone Ext Fax E-Mail Address
(615) 344 - 5804     Teresa.Ross@HCAHealthcare.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualZafer Termanini
Insurer TypeStreet Address of Practice
Licensed2402 First Blvd. Suite 102
CityStateZip CodeCounty
Fort PierceFL34950St. Lucie
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
HCI-10115$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME114566Surgery - Orthopedic01

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSt. Lucie
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
LAWNWOOD REG. MED. CTR100246
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
2/25/201512/14/2015
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Deterioration of left knee from prior knee replacement.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Patient underwent removal of left knee implant & revision of component. However, right femoral component implant was improperly placed in the left knee during left total knee arthroplasty.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Right femoral component implant incorrectly placed on left side.
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
6/27/2016562016CA001195
County Suit Filed inDate of Final Disposition
St. Lucie4/26/2017
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
3/22/2017
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,125,000
Loss Adjust Expense Paid to Defense Counsel$66,454
All Other Loss Adjustment Expense Paid$29,984
Injured Person's Total Non-Economic Loss$157,500
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$35,000$1,000,000
Wage Loss$0$0
Other Expenses$20,000$20,000
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Review of policies and procedures.
 
Updates
 
 
Date of Change:3/16/2018 3:03:13 PM
Reason for Change:Additional LAE payments made.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid2986029984
Amount of Loss Adjustment Expense Paid to Defense Counsel6614466454
Injured Person Address Zip Code3493234982

 

 

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

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Dr. ANIS Y AKRAWI Medical Malpractice Lawsuits - Court Case # 56-2014-CA-000854

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201679127
Claim Number : 46324
Date Submitted : 10/17/2016
 
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
 
TypeFirst NameMILast Name
IndividualAnisYAkrawi
Insurer TypeStreet Address of Practice
LicensedPO Box 9010
CityStateZip CodeCounty
StuartFL34995Martin
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1600292 12$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME60733Nephrology - Minor Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSt. Lucie
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
ST LUCIE SURGICAL CENTER14960398
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
10/30/201210/7/2013
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Acute renal failure
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
No iatrogenic injury
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged delay in diagnosis and treatment of anti-GBM
Principal Injury Giving Rise To The Claim
Kidney failure
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
6/2/201456-2014-CA-000854
County Suit Filed inDate of Final Disposition
St. Lucie9/27/2016
Other Defendants Involved in this Claim
St. Lucie Medical Center
Martin Nephrology & Internal Medicine
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
7/6/2016
 
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$236,091
All Other Loss Adjustment Expense Paid$110,063
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$2,000,000$0
Wage Loss$40,000$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:10/17/2016 2:35:12 PM
Reason for Change:Report updated to reflect Court Document final disposition date of 09/27/16
 
Field ChangedFormer ValueNew Value
Date of Final Disposition06-JUL-1627-SEP-16

 

 

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Dr. STEPHEN DODDS Medical Malpractice Lawsuits - Court Case # 562014-CA-002222

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201783389
Claim Number : EMC-FL-14-270882
Date Submitted : 10/17/2017
 
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
IndividualSTEPHEN DODDS
Insurer TypeStreet Address of Practice
Self-Insurer200 SE HOSPITAL DRIVE
CityStateZip CodeCounty
STUARTFL34994Martin
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
HAZ1040025381-12$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME105438Emergency Medicine - No 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
 MMartin
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
MARTIN MEMORIAL HOSPITAL SOUTH120009
Location of Institutional InjuryOther Location of Institutional Injury
OtherER
Date of OccurrenceDate Reported to Insurer
7/13/20126/20/2014
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
HYPOXIC ISCHEMIC ENCEPHOLOPATHY
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
SEEN IN ER
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
FAILURE TO TREAT
Principal Injury Giving Rise To The Claim
BRAIN DAMAGE
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
10/24/2014562014-CA-002222
County Suit Filed inDate of Final Disposition
St. Lucie10/17/2017
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
9/21/2017
 
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$198,773
All Other Loss Adjustment Expense Paid$108,224
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. TINA MABE Medical Malpractice Lawsuits - Court Case # 562014-CA-002222

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201783390
Claim Number : EMC-FL-14-270882
Date Submitted : 10/17/2017
 
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
IndividualTINA MABE
Insurer TypeStreet Address of Practice
Self-Insurer200 SE HOSPITAL DRIVE
CityStateZip CodeCounty
STUARTFL34994Martin
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
HAZ1040025381-12$250,000$750,000
Profession or BusinessOther Profession or Business
Other 
License NumberSpecialty Code & ClassificationCertification Number
ARNP3198692  

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MMartin
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
MARTIN MEMORIAL HOSPITAL SOUTH120009
Location of Institutional InjuryOther Location of Institutional Injury
OtherER
Date of OccurrenceDate Reported to Insurer
7/13/20126/20/2014
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
HYPOXIC ISCHEMIC ENCEPHOLOPATHY
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
SEEN IN ER
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
FAILURE TO TREAT
Principal Injury Giving Rise To The Claim
BRAIN DAMAGE
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
10/24/2014562014-CA-002222
County Suit Filed inDate of Final Disposition
St. Lucie10/17/2017
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
9/21/2017
 
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$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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Dr. DANIEL T CHANG Medical Malpractice Lawsuits - Court Case # 562017CA001217

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201885836
Claim Number : 165213
Date Submitted : 7/10/2018
 
Insurer Information
 
Insurer Name Coverage Type
NORCAL MUTUAL INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
94-2301054  
Insurer Contact Information
Type First Name MI Last Name
Individual Richard   Petersen
Street Address
4651 Salisbury Rd. #410
City State Zip
Jacksonville FL 32256
Phone Ext Fax E-Mail Address
(904) 309 - 8142   (904) 394 - 7134 rpetersen@norcal-group.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualDanielTChang
Insurer TypeStreet Address of Practice
Licensed2461 Santa Monica Blvd # 108
CityStateZip CodeCounty
Santa MonicaCA90404Out of state
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
720582E$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME106388Radiology - Diagnostic - No Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSt. Lucie
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
MARTIN MEMORIAL MEDICAL CENTER100044
Location of Institutional InjuryOther Location of Institutional Injury
OtherHospital Radiology
Date of OccurrenceDate Reported to Insurer
1/11/20168/10/2017
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Allegation that Dr. Chang inadequately interpreted a CT scan taken on 01/11/16 of the decedent's abdomen and failed to report peritonitis, diverticulitis, or ischemic changes. On 1/11/2016, William Olensky began having severe abdominal pain & he was taken to Memorial Hospital& assigned to ED physician, Dr. Gustavo Granada who made an initial diagnoses of ¿acute febrile illness and lower abdominal pain¿ & ordered a CT Scan;Daniel Chang, MD, interpreted the CT and faxed the preliminary report to Tradition ED at 2247, visualizing small diffuse ascites, gall stones, colonic diverticulosis, trace right pleural effusion & moderately distended esophagus containing oral contrast. Dr. Chang did not observe a bowel obstruction or any free air in the abdomen.A defense expert found that he did not see free intra-abdominal air, peritonitis, diverticulitis, or ischemic changes at the descending colon and that the findings were significant at the time of surgery and that the process was ongoing for days before the presentation. Ultimately, he felt that Mr. Olensky died from SIRS which is an inflammatory process that has a clinical diagnosis. While he agreed that free air on the CT, if identified, can be assistive in making the diagnosis, the diagnosis is generally made without imaging
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Allegation that Dr. Chang inadequately interpreted a CT scan taken on 01/11/16 of the decedent's abdomen and failed to report peritonitis, diverticulitis, or ischemic changes. On 1/11/2016, William Olensky began having severe abdominal pain & he was taken to Memorial Hospital& assigned to ED physician, Dr. Gustavo Granada who made an initial diagnoses of ¿acute febrile illness and lower abdominal pain¿ & ordered a CT Scan;Daniel Chang, MD, interpreted the CT and faxed the preliminary report to Tradition ED at 2247, visualizing small diffuse ascites, gall stones, colonic diverticulosis, trace right pleural effusion & moderately distended esophagus containing oral contrast. Dr. Chang did not observe a bowel obstruction or any free air in the abdomen.A defense expert found that he did not see free intra-abdominal air, peritonitis, diverticulitis, or ischemic changes at the descending colon and that the findings were significant at the time of surgery and that the process was ongoing for days before the presentation. Ultimately, he felt that Mr. Olensky died from SIRS which is an inflammatory process that has a clinical diagnosis. While he agreed that free air on the CT, if identified, can be assistive in making the diagnosis, the diagnosis is generally made without imaging
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Allegation that Dr. Chang inadequately interpreted a CT scan taken on 01/11/16 of the decedent's abdomen and failed to report peritonitis, diverticulitis, or ischemic changes. On 1/11/2016, William Olensky began having severe abdominal pain & he was taken to Memorial Hospital& assigned to ED physician, Dr. Gustavo Granada who made an initial diagnoses of ¿acute febrile illness and lower abdominal pain¿ & ordered a CT Scan;Daniel Chang, MD, interpreted the CT and faxed the preliminary report to Tradition ED at 2247, visualizing small diffuse ascites, gall stones, colonic diverticulosis, trace right pleural effusion & moderately distended esophagus containing oral contrast. Dr. Chang did not observe a bowel obstruction or any free air in the abdomen.A defense expert found that he did not see free intra-abdominal air, peritonitis, diverticulitis, or ischemic changes at the descending colon and that the findings were significant at the time of surgery and that the process was ongoing for days before the presentation. Ultimately, he felt that Mr. Olensky died from SIRS which is an inflammatory process that has a clinical diagnosis. While he agreed that free air on the CT, if identified, can be assistive in making the diagnosis, the diagnosis is generally made without imaging
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
7/14/2017562017CA001217
County Suit Filed inDate of Final Disposition
St. Lucie6/27/2018
Other Defendants Involved in this Claim
Chiong, Diana
Martin 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
OtherSettled between parties
Arbitration
Claim not subject to Arbitration.
Date of Payment
6/14/2018
 
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$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
Circumstances of the case were discussed with the insured & risk management.
 
Updates
 
No updates found.

 

 

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

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Dr. AGUSTIN C SANZ Medical Malpractice Lawsuits - Court Case # 02-CA 001457

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200746710
Claim Number :117579
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
PhoneExtFaxE-Mail Address
(813) 969 - 2010 (813) 969 - 2120SNorris@ProAssurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualAgustinCSanz
Insurer TypeStreet Address of Practice
Licensed1420 SW St. Lucie West Blvd., Suite 103
CityStateZip CodeCounty
Port Saint LucieFL34986St. Lucie
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PNFL-1009612-00$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME63215Internal Medicine - No Surgery00000

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSt. Lucie
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
5/1/20007/18/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Management of hyperthyroidism and heart palpitations.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Ordered ultrasound of the liver, thyroid nuclear scan, 24 hour Halter monitor and endocrinology consult.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis.
Principal Injury Giving Rise To The Claim
Alleged failure to diagnose and treat congestive heart failure which resulted in the patient's deatah.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
12/17/200202-CA 001457
County Suit Filed inDate of Final Disposition
St. Lucie8/16/2007
Other Defendants Involved in this Claim
RAO, KAMALAKAR T
Serrano, Tania
Agustin C. Sanz, M.D., P.A.
Just Ladies Healthcare, P.A.
Chalasani, Prasad
HCA-Health Services of Florida d/b/a St. Lucie Medical Cente
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
8/17/2007
 
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$360,302
All Other Loss Adjustment Expense Paid$308,052
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:12/5/2007 9:39:53 AM
Reason for Change:Updated to reflect additional legal fees and expenses paid.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid303914304052
Amount of Loss Adjustment Expense Paid to Defense Counsel351450357585
 
Date of Change:9/23/2008 3:11:43 PM
Reason for Change:Report updated to reflect additional legal fees and costs paid.
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel357585358387
All Other Loss Adjustment Expense Paid304052308052
 
Date of Change:8/17/2009 3:32:13 PM
Reason for Change:Report updated to reflect additional legal fees paid.
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel358387360302

 

 

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Dr. JOHN MASTALSKI Medical Malpractice Lawsuits - Court Case # 04CA000258

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200848108
Claim Number :B03036210
Date Submitted :1/3/2008
 
Insurer Information
 
Insurer NameCoverage Type
TIG INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
94-1517098 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualAngelique Richardson
Street Address
125 S. Wacker Drive
CityStateZip
ChicagoIL60606
PhoneExtFaxE-Mail Address
(312) 606 - 2275 (312) 606 - 9181angelique_richardson@tigspecialty.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJohn Mastalski
Insurer TypeStreet Address of Practice
Licensed8559 S.E. Sabal Street
CityStateZip CodeCounty
Hobe SoundFL33475St. Lucie
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
39207528$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
OS4951Emergency Medicine - No Major Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSt. Lucie
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
N/A000000
Location of Institutional InjuryOther Location of Institutional Injury
OtherSt. Lucie Medical Center
Date of OccurrenceDate Reported to Insurer
1/28/200311/15/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Chest pain and shortness of breath causing death.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged failure to diagnoseAlleged failure to confer with cardiologistAlleged failure to advise a cardiologistAlleged alteration or modification of medical records
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to appreciate that the claimant had unstable angina and myocardial diagnosis as atypical chest pain despite receiving reports of an abnormal EKG and abnormal high myoglobin levels.
Principal Injury Giving Rise To The Claim
Alleged failure to monitor.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
4/14/200404CA000258
County Suit Filed inDate of Final Disposition
St. Lucie10/10/2007
Other Defendants Involved in this Claim
 
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 DecisionOther
Directed verdict for plaintiff. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
10/23/2007
 
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$428,601
All Other Loss Adjustment Expense Paid$0
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
N/A
 
Updates
 
No updates found.

 

 

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Dr. DALLAS A SMITH Medical Malpractice Lawsuits - Court Case # 2012-CA-000569

Indemnity Paid: $975,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201366730
Claim Number :5148738-01
Date Submitted :1/27/2014
 
Insurer Information
 
Insurer NameCoverage Type
MEDICAL PROTECTIVE COMPANY (THE)Primary
Insurer FEINProfessional License Number
35-0506406 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualSusanKSpielman
Street Address
5814 Reed Road
CityStateZip
Fort WayneIN46835
PhoneExtFaxE-Mail Address
(260) 486 - 0340  reportaclaim@medpro.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualDallasASmith
Insurer TypeStreet Address of Practice
Licensed109 Muirs Chapel Road
CityStateZip CodeCounty
GreensboroNC27410Out of state
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
636325$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME95774Radiology - Diagnostic - Minor Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSt. Lucie
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
9/12/200810/20/2011
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Annual mammogram
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Mammogram
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Improper interpretation
Principal Injury Giving Rise To The Claim
Delay in diagnosis and treatment of breast cancer
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
2/16/20122012-CA-000569
County Suit Filed inDate of Final Disposition
St. Lucie3/21/2013
Other Defendants Involved in this Claim
Southeastern Overread Services PLLC
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
3/21/2013
 
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$35,767
All Other Loss Adjustment Expense Paid$19,974
Injured Person's Total Non-Economic Loss$400,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
N/A
 
Updates
 
 
Date of Change:8/27/2013 8:40:13 AM
Reason for Change:Update ALE and correct date of suit
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid38128627
Amount of Loss Adjustment Expense Paid to Defense Counsel1009822289
Date Suit Filed16-FEB-1316-FEB-12
 
Date of Change:1/27/2014 4:22:47 PM
Reason for Change:ALE UPDATE
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid862719974
Amount of Loss Adjustment Expense Paid to Defense Counsel2228935767

 

 

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Dr. GREGORY LOVAAS Medical Malpractice Lawsuits - Court Case # 562011CA00667

Indemnity Paid: $920,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201366860
Claim Number :MM258514
Date Submitted :4/19/2013
 
Insurer Information
 
Insurer NameCoverage Type
EVANSTON INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
36-2950161 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualCherry ERadin
Street Address
Ten Parkway North
CityStateZip
DeerfieldIL60015
PhoneExtFaxE-Mail Address
(847) 572 - 6085 (847) 572 - 6338radin@markelcorp.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualGregory Lovaas
Insurer TypeStreet Address of Practice
Licensed895 SW 29th Terrace
CityStateZip CodeCounty
Palm CityFL34990St. Lucie
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
MM816826$1,000,000$7,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME40126Surgery - Plastic 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSt. Lucie
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
LAKEWOOD RANCH MEDICAL CENTER23960046
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
11/28/200912/28/2010
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
The patient presented to the hospital withr a comminuted tibia fracture.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
The insured plastic surgeon performed a fasciocutaneous flap procedure.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
It was alleged the insured plastic surgeon should have performed a muscultaneous flap procedure, which offers more protection from infection.
Principal Injury Giving Rise To The Claim
Following surgery, the patient developed complications leading to amputation.
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
3/8/2011562011CA00667
County Suit Filed inDate of Final Disposition
St. Lucie3/14/2013
Other Defendants Involved in this Claim
 
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
2/18/2013
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$920,000
Loss Adjust Expense Paid to Defense Counsel$62,207
All Other Loss Adjustment Expense Paid$13,147
Injured Person's Total Non-Economic Loss$0
Deductible$11,029
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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View All Medical Malpractice Cases In St. Lucie County Florida

Medical Malpractice Lawyers in St. Lucie county

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Alfred Russell Bell Jr.
Steinger, Greene & Feiner
507 NW Lake Whitney Pl
Port Saint Lucie, FL 34986-1617
772-344-3015
http://injurylawyers.com
Specialty: Medical Malpractice
Eligble to practice in St. Lucie County Florida: Yes
Cassidy Leigh Loutos
Loutos Law, PLLC
1193 SE Port St Lucie Blvd # 234
Port St Lucie, FL 34952-5332
772-617-0811
http://www.loutoslaw.com
Specialty: Medical Malpractice
Eligble to practice in St. Lucie County Florida: Yes
Colin Christopher Cushnie
Cushnie & McMahon P.L..
543 NW Lake Whitney Pl Ste 106
Port Saint Lucie, FL 34986-1604
772-335-9219
http://www.cushniemcmahonlaw.com
Specialty: Medical Malpractice
Eligble to practice in St. Lucie County Florida: Yes
David Milo Lamos
Law Office of David M. Lamos
805 Delaware Ave
Fort Pierce, FL 34950-8557
772-464-4054
http://www.davidmlamos.com
Specialty: Medical Malpractice
Eligble to practice in St. Lucie County Florida: Yes
Jeffrey Robert Rollins
Jeffrey R. Rollins, P.A.
715 Delaware Ave
Fort Pierce, FL 34950-8554
772-242-8603
http://www.jrollinsinjurylaw.com
Specialty: Medical Malpractice
Eligble to practice in St. Lucie County Florida: Yes
Paul Philip McMahon
Cushnie & McMahon, P.L.
543 NW Lake Whitney Pl Ste 106
Port St Lucie, FL 34986-1604
772-335-9219
http://www.cushniemcmahonlaw.com
Specialty: Medical Malpractice
Eligble to practice in St. Lucie County Florida: Yes
Veverly Gary Hamilton
Veverly Gary Hamilton, P.A.
PO Box 880305
Port Saint Lucie, FL 34988-0305
772-400-2595
Specialty: Medical Malpractice
Eligble to practice in St. Lucie 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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