Medical Malpractice Cases

Medical Malpractice Cases In Volusia County Florida

Dr. PAUL PHILLIPS Medical Malpractice Lawsuits - Court Case # 2007-11030-CIDL

Indemnity Paid: $7,239,248.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201161145
Claim Number :35185-01
Date Submitted :7/26/2011
 
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
IndividualPaul Phillips
Insurer TypeStreet Address of Practice
Licensed5734 Vintage View Avenue
CityStateZip CodeCounty
LakelandFL33813Polk
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
26466$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME71554Family Physicians or General Practitioners - No Surgery80239

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FVolusia
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
2/15/20041/19/2007
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Chest pain.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Failure to refer patient to cardiologist for chest pain.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
Cardiac arrest, comatose state.
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
6/12/20072007-11030-CIDL
County Suit Filed inDate of Final Disposition
Volusia7/5/2011
Other Defendants Involved in this Claim
 
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
7/5/2011
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$7,239,248
Loss Adjust Expense Paid to Defense Counsel$367,814
All Other Loss Adjustment Expense Paid$248,141
Injured Person's Total Non-Economic Loss$7,239,248
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. BETTY O AGBEDE Medical Malpractice Lawsuits - Court Case # 2017-30063-CICI

Indemnity Paid: $2,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201886072
Claim Number : 348962
Date Submitted : 8/6/2018
 
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
IndividualBETTYOAGBEDE
Insurer TypeStreet Address of Practice
Licensed298 S. Yonge Street
CityStateZip CodeCounty
Ormond BeachFL32174Volusia
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
0962003$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME111451Emergency 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
 FVolusia
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Hospital/InstitutionFlorida Hospital Deland
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
OtherEmergency Room
Date of OccurrenceDate Reported to Insurer
4/6/201510/4/2016
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient presented with complaints of severe low back pain. The patient had a herniated disk at L5-S1.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
No procedure rendered.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged delay in diagnosis of disk herniation L5-S1.
Principal Injury Giving Rise To The Claim
Urinary and bowel incontinence.
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
1/12/20172017-30063-CICI
County Suit Filed inDate of Final Disposition
Volusia7/18/2018
Other Defendants Involved in this Claim
Florida Hospital Deland
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
 
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$2,000,000
Loss Adjust Expense Paid to Defense Counsel$204,291
All Other Loss Adjustment Expense Paid$170,595
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.

 

 

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Dr. JEFFERY S REINERTSEN Medical Malpractice Lawsuits - Court Case # 2016-10445-CIDL

Indemnity Paid: $1,950,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201782020
Claim Number : 331610
Date Submitted : 11/15/2017
 
Insurer Information
 
Insurer Name Coverage Type
DOCTORS COMPANY, AN INTERINSURANCE EXCHANGE (THE) Primary
Insurer FEIN Professional License Number
95-3014772  
Insurer Contact Information
Type First Name MI Last Name
Individual Kelly   Andrews
Street Address
12724 Gran Bay Parkway, W., Suite 400
City State Zip
Jacksonville FL 32258
Phone Ext Fax E-Mail Address
(904) 360 - 3038     kandrews@thedoctors.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJEFFERYSREINERTSEN
Insurer TypeStreet Address of Practice
Licensed809 North Stone Street
CityStateZip CodeCounty
DelandFL32720Volusia
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
0918371$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME57770Pediatrics - 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
 FVolusia
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Hospital/InstitutionFlorida Hospital Deland
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
12/13/20147/6/2015
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient seen at hospital after earlier suffering an anoxic brain injury during delivery at a birthing center. The child had been transported to the ED at Florida Hospital Deland and was admitted.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Traumatic delivery.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
Brain damage.
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
4/13/20162016-10445-CIDL
County Suit Filed inDate of Final Disposition
Volusia4/21/2017
Other Defendants Involved in this Claim
Florida Hospital Deland
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
4/21/2017
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,950,000
Loss Adjust Expense Paid to Defense Counsel$63,282
All Other Loss Adjustment Expense Paid$49,332
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
 
 
Date of Change:11/15/2017 3:11:58 PM
Reason for Change:Language change to description.
 
Field ChangedFormer ValueNew Value
Final DiagnosisThe patient suffered an anoxic brain injury during delivery at a birthing center. The child was transported to the ED at Florida Hospital Deland.Patient seen at hospital after earlier suffering an anoxic brain injury during delivery at a birthing center. The child had been transported to the ED at Florida Hospital Deland and was admitted.

 

 

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Dr. BOYD HATTON Medical Malpractice Lawsuits - Court Case # 2016-30386 CICI

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201680504
Claim Number : PLFHMC079294
Date Submitted : 11/30/2016
 
Insurer Information
 
Insurer Name Coverage Type
Florida Physicians Medical Group Primary
Insurer FEIN Professional License Number
59-3214635 800014080
Insurer Contact Information
Type First Name MI Last Name
Individual Matthew   Evans
Street Address
900 Hope Way
City State Zip
Altamonte Springs FL 32712
Phone Ext Fax E-Mail Address
(407) 357 - 2272     matt.evans@ahss.org
 
Insured Information
 
TypeFirst NameMILast Name
IndividualBOYD HATTON
Insurer TypeStreet Address of Practice
Self-Insurer301 Memorial Medical Pkwy
CityStateZip CodeCounty
Daytona BeachFL32117Volusia
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
8258 - 2014$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME97372Radiology - 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
 MVolusia
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
MEMORIAL HOSPITAL - ORMOND BEACH100169
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
6/26/20148/19/2014
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
ED presentation with neck and upper back pain.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
ED workup that included CT scan(s) of the cervical, thoracic, and lumbar spine; and pain medications.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Involved was the alleged negligent failure of the physician to have appreciated the severity of patient's signs and symptoms and appropriately interpreted imaging studies that demonstrated acute spinal cord compression as a result of an epidural abscess; which resulted inpatient's ultimate incomplete quadriplegia.
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
3/28/20162016-30386 CICI
County Suit Filed inDate of Final Disposition
Volusia10/18/2016
Other Defendants Involved in this Claim
Florida Hospital Memorial Medical Center
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
10/18/2016
 
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$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
n/a
 
Updates
 
No updates found.

 

 

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

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Dr. FRANKLIN DANA Medical Malpractice Lawsuits - Court Case # 2014-11930-CIDL

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201574935
Claim Number : 48959/48960
Date Submitted : 6/12/2015
 
Insurer Information
 
Insurer Name Coverage Type
MAG MUTUAL INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
58-1449198  
Insurer Contact Information
Type Entity Name
Entity MAG MUTUAL INSURANCE COMPANY
Street Address
8427 South Park Circle Suite 130
City State Zip
Orlando FL 32819
Phone Ext Fax E-Mail Address
(407) 370 - 3813   (407) 370 - 2247 ctschanz@magmutual.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualFranklin Dana
Insurer TypeStreet Address of Practice
Licensed3685 John Anderson Dr.
CityStateZip CodeCounty
Ormond BeachFL32176Volusia
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1602223 08$500,000$1,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME73080Radiology - interventional 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FVolusia
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
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
8/18/20106/11/2014
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Lung cancer
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
No iatrogenic injury
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to properly interpret chest x-ray
Principal Injury Giving Rise To The Claim
Lung cancer
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
10/8/20142014-11930-CIDL
County Suit Filed inDate of Final Disposition
Volusia5/27/2015
Other Defendants Involved in this Claim
Florida Hospital Deland
Central Florida Medical Imaging
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
5/27/2015
 
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$15,110
All Other Loss Adjustment Expense Paid$4,497
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$350,000$0
Wage Loss$0$75,000
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Risk management has counseled insured
 
Updates
 
No updates found.

 

 

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Dr. DAVID L WILLIAMS Medical Malpractice Lawsuits - Court Case # 2005 32022 CICI

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200640805
Claim Number :A05-32583-05
Date Submitted :5/25/2006
 
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
IndividualDavidLWilliams
Insurer TypeStreet Address of Practice
Licensed1340 Ridgewood Avenue
CityStateZip CodeCounty
Daytona BeachFL32117Volusia
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
38525$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME35686Cardiovascular Disease - No Surgery80422

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MVolusia
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
1/29/20055/31/2005
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Loss of consciousness while playing tennis.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Cardiac workup including EKG, enzyme studies.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
After workup, it was concluded by Dr. Williams that in all probability, the patient had suffered a vasovagal incident resulting in loss of consciousness.
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
11/28/20052005 32022 CICI
County Suit Filed inDate of Final Disposition
Volusia5/3/2006
Other Defendants Involved in this Claim
Florida Health Care Plans, Inc.
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
5/3/2006
 
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$7,498
All Other Loss Adjustment Expense Paid$9,152
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. YOUSSEF W GUERGUES Medical Malpractice Lawsuits - Court Case # 2005 30343

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200746562
Claim Number :274299-1
Date Submitted :2/4/2009
 
Insurer Information
 
Insurer NameCoverage Type
MEDICAL PROTECTIVE COMPANY (THE)Primary
Insurer FEINProfessional License Number
35-0506406 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualMary Osborn
Street Address
5814 Reed Rd
CityStateZip
Fort WayneIN46835
PhoneExtFaxE-Mail Address
(800) 463 - 37766604(260) 486 - 0785Mary.Osborn@medpro.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualYOUSSEFWGUERGUES
Insurer TypeStreet Address of Practice
Licensed53 N OLD KINGS RD STE C
CityStateZip CodeCounty
ORMOND BEACHFL32174Volusia
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
682327$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME73221Anesthesiology 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FVolusia
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
11/3/20031/15/2004
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
CERVICAL DEGENERATIVE ARTHRITIS
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
STEROID INJECTIONS
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
FAILURE TO PROPERLY TREAT
Principal Injury Giving Rise To The Claim
CARDIO-RESIPRATORY ARREST
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
2/18/20052005 30343
County Suit Filed inDate of Final Disposition
Volusia7/31/2007
Other Defendants Involved in this Claim
MALIK, VINOD K
PRC ASSOCIATES
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim subject to arbitration, but settlement reached in lieu of award.
Date of Payment
8/10/2007
 
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$56,689
All Other Loss Adjustment Expense Paid$24,984
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
n/a
 
Updates
 
 
Date of Change:2/4/2009 10:05:18 AM
Reason for Change:Updated the policy number and ALE
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid2509624984
Insured Policy Number274299682327
Amount of Loss Adjustment Expense Paid to Defense Counsel4902256689

 

 

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Dr. AMEER WRIGHT Medical Malpractice Lawsuits - Court Case # 2019 30352 CICI

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M202093053
Claim Number : PLFHMC095512
Date Submitted : 7/21/2020
 
Insurer Information
 
Insurer Name Coverage Type
Florida Hospital- Ormond Memorial Primary
Insurer FEIN Professional License Number
59-0973502 4201
Insurer Contact Information
Type First Name MI Last Name
Individual Linda   Boelke
Street Address
900 Hope Way
City State Zip
Altamonte Springs FL 32714
Phone Ext Fax E-Mail Address
(407) 357 - 2289     linda.boelke@ahss.org
 
Insured Information
 
TypeFirst NameMILast Name
IndividualAmeer Wright
Insurer TypeStreet Address of Practice
Self-Insurer301 Memorial Medical Parkway
CityStateZip CodeCounty
Daytona BeachFL32117Volusia
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
8258 - 2018 $1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME101258Surgery - Neurology - Including Child 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FVolusia
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
MEMORIAL HOSPITAL - ORMOND BEACH100169
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
5/21/20185/23/2018
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
The patient had undergone trial implantation of a retrograde C1-C2 paddle epidural electrode of spinal cord stimulation for pain control. She presented for conversion of the paddle trial into a permanent spinal cord stimulator with programmable batteries.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Implantation of programmable batteries for the spinal cord stimulator at C1-C2. The procedure was done under general anesthesia.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Postoperatively, the patient reported being unable to feel or move her extremities. The spinal cord stimulator was removed. An MRI was noted to be compatible with an ischemic injury to the spinal cord, and there were no signs of meaningful motor recovery. The patient remains quadriplegic. Allegations included failures to: perform a comprehensive pre-operative anesthesia assessment; perform an awake intubation with an immediate neurological assessment prior to induction; follow appropriate cervical spinal cord precautions during intubation; and assess neurological status upon emergence from anesthesia. A well qualified Anesthesiology expert opined that Dr. Wright met the standard of care and that the patient's injury had nothing to do with the administration of anesthesia. The case was settled as an economic decision to avoid an adverse outcome at trial in a medically complex matter with a sympathetic plaintiff with catastrophic injury.
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
2/21/20192019 30352 CICI
County Suit Filed inDate of Final Disposition
Volusia6/19/2020
Other Defendants Involved in this Claim
AdventHealth Daytona Beach
Martin, MD, Robert
Donley, APRN, Candace
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$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
N/A
 
Updates
 
No updates found.

 

Dr. PAUL C MARTON Medical Malpractice Lawsuits - Court Case # 2013-12736-CIDL

Indemnity Paid: $875,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201573367
Claim Number : FP4361701
Date Submitted : 2/4/2015
 
Insurer Information
 
Insurer Name Coverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INC Primary
Insurer FEIN Professional License Number
59-6614702  
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
IndividualPaulCMarton
Insurer TypeStreet Address of Practice
Licensed290 North Kepler Road
CityStateZip CodeCounty
DeLandFL32724Volusia
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
FP-CL099415$500,000$1,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME40358Family Physicians or General Practitioners - 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
 MVolusia
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other LocationFlorida Hosp - Fish Memorial Orange City
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
OtherEmergency Room
Date of OccurrenceDate Reported to Insurer
6/1/201210/2/2012
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Right flank pain with fever. Suspected kidney stone.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Medical management included antibiotic therapy.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Below knee amputation.
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
9/30/20132013-12736-CIDL
County Suit Filed inDate of Final Disposition
Volusia1/27/2015
Other Defendants Involved in this Claim
Emegency Medical Professionals, PA
Florida Hospital - Fish Memorial
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
 
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$875,000
Loss Adjust Expense Paid to Defense Counsel$19,686
All Other Loss Adjustment Expense Paid$16,222
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.

 

 

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

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Dr. RODOLFO E CHIRINOS Medical Malpractice Lawsuits - Court Case # 642016CA011149

Indemnity Paid: $862,500.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201782109
Claim Number : 1032258-01
Date Submitted : 2/9/2018
 
Insurer Information
 
Insurer Name Coverage Type
MEDICAL PROTECTIVE COMPANY (THE) Primary
Insurer FEIN Professional License Number
35-0506406  
Insurer Contact Information
Type First Name MI Last Name
Individual Lynn Louthan
Street Address
5814 Reed Road
City State Zip
Ft Wayne IN 46835
Phone Ext Fax E-Mail Address
(260) 486 - 0778     reportaclaim@medpro.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualRodolfoEChirinos
Insurer TypeStreet Address of Practice
Licensed519 N Dixie Fwy
CityStateZip CodeCounty
New Smyrna BeachFL32168Volusia
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
783532$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME113756Dermatology - 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
 MVolusia
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
  
Date of OccurrenceDate Reported to Insurer
12/18/20133/11/2016
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Lesion on left lower back
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
skin assessment, clinical photos taken
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Misdiagnosis of benign nevus spilus, failure to biopsy lesion
Principal Injury Giving Rise To The Claim
Metastatic melanoma
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
7/15/2016642016CA011149
County Suit Filed inDate of Final Disposition
Volusia5/8/2017
Other Defendants Involved in this Claim
MID FLORIDA DERMATOLOGY ASSOCIATES PA
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
5/8/2017
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$862,500
Loss Adjust Expense Paid to Defense Counsel$25,719
All Other Loss Adjustment Expense Paid$8,033
Injured Person's Total Non-Economic Loss$637,500
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
n/a
 
Updates
 
 
Date of Change:8/23/2017 3:09:35 PM
Reason for Change:updated patient address
 
Field ChangedFormer ValueNew Value
Injured Person Address Street1720 Voctory Palm Dr1720 Victory Palm Dr
 
Date of Change:8/25/2017 1:17:06 PM
Reason for Change:ALE UPDATE 8/25/2017
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel2334125682
All Other Loss Adjustment Expense Paid65188032
 
Date of Change:2/9/2018 2:44:28 PM
Reason for Change:ALE UPDATE 2/9/2018
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel2568225719
All Other Loss Adjustment Expense Paid80328033

 

 

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View All Medical Malpractice Cases In Volusia County Florida

Medical Malpractice Lawyers in Volusia county

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Alfred Joseph Tirella
Alfred J. Tirella, Esq.
210 N Palmetto Ave Ste 412
Daytona Beach, FL 32114-7522
386-481-9394
http://www.myflfamilies.com/service-programs/childrens-legal-services/
Specialty: Medical Malpractice
Eligble to practice in Volusia County Florida: Yes
Anne Frances Lunsford
Bice Cole Law Firm, PL
570 Memorial Cir Ste 330
Ormond Beach, FL 32174-5060
386-677-8898
http://www.bicecolelaw.com
Specialty: Medical Malpractice
Eligble to practice in Volusia County Florida: Yes
Douglas George Rawnsley
RawnsleyLaw
327 S Palmetto Ave
Daytona Beach, FL 32114-4940
386-212-6442
http://www.rawnsleylaw.org
Specialty: Medical Malpractice
Eligble to practice in Volusia County Florida: Yes
Jonathon Howard Glugover
Glugover Law & Mediation
PO Box 2613
Daytona Beach, FL 32115-2613
386-226-9810
Specialty: Medical Malpractice
Eligble to practice in Volusia County Florida: Yes
Robert Wilson Elton
Robert W Elton Pl
45 Twin River Dr
Ormond Beach, FL 32174-4834
386-274-2229
Specialty: Medical Malpractice
Eligble to practice in Volusia County Florida: Yes
Steven Leslie Sands
Sands White & Sands PA
760 White St
Daytona Beach, FL 32114-1738
386-258-1622
http://www.sandswhitesands.com
Specialty: Medical Malpractice
Eligble to practice in Volusia County Florida: Yes
William Harrison Ogle
Ogle Law, LLC
444 Seabreeze Blvd Ste 800
Daytona Beach, FL 32118-3953
386-253-2500
http://www.oglelawfirm.com
Specialty: Medical Malpractice
Eligble to practice in Volusia 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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