Medical Malpractice Cases

Medical Malpractice Overview

Medical malpractice is a significant concern in healthcare, contributing to a notable number of deaths and injuries annually. Here's a comprehensive overview of the statistics, causes, and effects of medical malpractice, along with insights into its economic impact and trends across specialties and states.

Statistics and Figures

Medical malpractice is considered the third leading cause of death in the United States, with studies from Johns Hopkins suggesting that medical errors result in approximately 250,000 deaths each year. The frequency of medical malpractice cases varies across states, with California, Texas, and Florida reporting the highest number of cases. Despite the high number of fatalities attributed to medical errors, the National Practitioner Data Bank (NPDB) reported only 3,046 medical malpractice payments for wrongful death claims in 2022, indicating that a small fraction of medical errors result in malpractice payouts.

Causes of Medical Malpractice

The most common types of medical malpractice include misdiagnosis, surgical errors, and failure to treat. Misdiagnosis or delayed diagnosis can lead to worsened health outcomes or death, while surgical errors may involve operating on the wrong body part or leaving surgical instruments inside patients. Failure to treat correctly or at all can occur due to initial misdiagnosis or incorrect test results. Misdiagnoses and surgical complications are the top reasons patients sue physicians, while for nurses, common allegations include failure to communicate, monitor, and documentation errors.

Effects of Medical Malpractice

The consequences of medical malpractice extend beyond patient harm, including emotional distress, disability, or even death. Economically, medical errors are estimated to cost the U.S. economy around $20 billion annually. On a state level, New York, California, and Florida had the highest number of medical malpractice payouts, reflecting the varying frequency of claims in different regions.

Specialties and Malpractice

Certain medical specialties are more prone to malpractice claims than others, with physicians facing the highest number of medical malpractice payment reports. Approximately 74% of all malpractice payment reports filed between 2012 and 2022 were against physicians, highlighting the risk within this profession.

For more detailed statistics and case studies, the following sources offer in-depth analyses:

  1. The Journal of the American Medical Association (JAMA) regularly publishes studies and articles on medical malpractice trends. Visit JAMA
  2. The National Center for Biotechnology Information (NCBI) provides access to comprehensive research articles and studies on the causes and effects of medical malpractice. Explore NCBI Resources
  3. The American Medical Association (AMA) offers resources and guidelines for preventing medical malpractice. Learn More at AMA

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Dr. ARNOLD W MACKLES Medical Malpractice Lawsuits - Court Case # CL994772A0

Indemnity Paid: $749,999,750.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200746435
Claim Number :00-004658
Date Submitted :8/1/2007
 
Insurer Information
 
Insurer NameCoverage Type
TRUCK INSURANCE EXCHANGEPrimary
Insurer FEINProfessional License Number
95-2575892 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualVern FShirley
Street Address
700 South Flower Street, Suite 2700
CityStateZip
Los AngelesCA90017
PhoneExtFaxE-Mail Address
(213) 615 - 2682 (213) 622 - 5004vern.shirley@farmersinsurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualArnoldWMackles
Insurer TypeStreet Address of Practice
Licensed238 CORAL CAY TER
CityStateZip CodeCounty
PALM BEACH GARDENSFL33418Palm Beach
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
0117772180000$3,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME42190Surgery - Obstetrics - Gynecology 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FPalm Beach
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
SAINT MARY'S HOSPITAL100010
Location of Institutional InjuryOther Location of Institutional Injury
Critical Care Unit 
Date of OccurrenceDate Reported to Insurer
12/25/19961/5/1999
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Alleged failure to properly monitor and manage blood levels, and platelet counts causing intra-ventricular hemorrhage to the brain.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged failure to properly monitor and manage blood levels, and platelet counts causing intra-ventricular hemorrhage to the brain.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to properly monitor and manage blood levels, and platelet counts causing intra-ventricular hemorrhage to the brain.
Principal Injury Giving Rise To The Claim
Alleged failure to properly monitor and manage blood levels, and platelet counts causing intra-ventricular hemorrhage to the brain.
Severity Of Injury
Permanent: Grave - Quadraplegia, severe brain damage, lifelong care or fatal prognosis.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
6/23/1999CL994772A0
County Suit Filed inDate of Final Disposition
Palm Beach4/26/2002
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
5/6/2002
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$749,999,750
Loss Adjust Expense Paid to Defense Counsel$149,284,000
All Other Loss Adjustment Expense Paid$11,397,800
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
No Risk Management Services provided.
 
Updates
 
No updates found.

 

 

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Dr. JENNY M WHITWORTH Medical Malpractice Lawsuits - Court Case # 2017-CA-002742

Indemnity Paid: $85,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201884982
Claim Number : 51502
Date Submitted : 5/21/2018
 
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   (404) 842 - 3319 ctschanz@magmutual.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJennyMWhitworth
Insurer TypeStreet Address of Practice
Licensed841 Prudential Dr.
CityStateZip CodeCounty
JacksonvilleFL32207Duval
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1603120 01$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME116355Surgery - Gynecology 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FDuval
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
BAPTIST MEDICAL CENTER SOUTH23960052
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
9/5/201411/19/2014
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Increasing menorrhagia and uterine fibroids
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Hysterectomy and bilateral salpingo-oophorectomy
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to properly perform procedure
Principal Injury Giving Rise To The Claim
Perforated duodenal ulcer with peritonitis
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs. Includes non-disabling injuries.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
4/27/20172017-CA-002742
County Suit Filed inDate of Final Disposition
Duval4/20/2018
Other Defendants Involved in this Claim
Baptist Medical Center
Baptist SE Gynecological Oncology Assoc.
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
4/3/2018
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$85,000,000
Loss Adjust Expense Paid to Defense Counsel$31,600
All Other Loss Adjustment Expense Paid$7,332
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$588,484$0
Wage Loss$0$400,000
Other Expenses$0$200,000
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Risk management has counseled insured
 
Updates
 
 
Date of Change:5/21/2018 3:58:10 PM
Reason for Change:Report updated to reflect Court Document final disposition date of 04/20/18
 
Field ChangedFormer ValueNew Value
Date of Final Disposition03-APR-1820-APR-18

 

 

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Dr. ALAN D FELDMAN Medical Malpractice Lawsuits - Court Case # 13-CA-013598

Indemnity Paid: $42,308,333.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201678316
Claim Number : 005-12-0371
Date Submitted : 5/9/2016
 
Insurer Information
 
Insurer Name Coverage Type
NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PA Primary
Insurer FEIN Professional License Number
25-0687550  
Insurer Contact Information
Type First Name MI Last Name
Individual Andrea V Bates
Street Address
1401 Wilson Blvd., Ste. 700
City State Zip
Arlington VA 22209
Phone Ext Fax E-Mail Address
(800) 245 - 3333 3810 (703) 276 - 9419 mejia@prms.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualAlanDFeldman
Insurer TypeStreet Address of Practice
Licensed10333 Seminole Blve., Ste. 3
CityStateZip CodeCounty
LargoFL33778Pinellas
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSC10-000572738$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME73928Psychiatry - Child and Adolescent Psychiatry 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FHillsborough
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other LocationFlorida Hospital Zephyhills
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
OtherFlorida Hospital Zephyhills
Date of OccurrenceDate Reported to Insurer
5/4/20114/15/2013
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Major Depression with Psychotic Features
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Attending psychiatrist during inpatient hospitalization
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Plaintiff alleges failure to monitor thiamine level caused 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
1/9/201413-CA-013598
County Suit Filed inDate of Final Disposition
Hillsborough5/9/2016
Other Defendants Involved in this Claim
Tampa General Hospital
Florida Medical Center
Florida Hospital Zephyrhills
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
3/17/2016
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$42,308,333
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
None
 
Updates
 
No updates found.

 

 

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

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Dr. ATILLA EAGLEMAN Medical Malpractice Lawsuits - Court Case # CL-00-4828-AF

Indemnity Paid: $29,750,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200432214
Claim Number :256632
Date Submitted :12/12/2007
 
Insurer Information
 
Insurer NameCoverage Type
MEDICAL PROTECTIVE COMPANY (THE)Primary
Insurer FEINProfessional License Number
35-0506406 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualPamelaAPrudlow
Street Address
5814 Reed Rd
CityStateZip
Fort WayneIN46835
PhoneExtFaxE-Mail Address
(260) 486 - 0370 (260) 486 - 0785pamela.prudlow@medpro.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualAtilla Eagleman
Insurer TypeStreet Address of Practice
Licensed2501 S Seacrest Blvd
CityStateZip CodeCounty
Boynton BeachFL33435Palm Beach
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
623991$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME45214Gynecology - No Surgery0

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MPalm Beach
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
BETHESDA MEMORIAL HOSPITAL100002
Location of Institutional InjuryOther Location of Institutional Injury
Labor and Delivery Room 
Date of OccurrenceDate Reported to Insurer
10/30/199712/31/1997
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
birth
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
forceps assisted delivery
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
inappropriately expedited delivery
Principal Injury Giving Rise To The Claim
brain damage
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
5/15/2000CL-00-4828-AF
County Suit Filed inDate of Final Disposition
Palm Beach3/22/2004
Other Defendants Involved in this Claim
BETHESDA MEMORIAL
Stage of Legal System at which Settlement was Reached or Award Made
During appeal.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
Judgment for the plaintiff. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
3/22/2004
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$29,750,000
Loss Adjust Expense Paid to Defense Counsel$369,049
All Other Loss Adjustment Expense Paid$138,901
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:12/12/2007 10:00:58 AM
Reason for Change:Original settlement rejected.Case was tried to a verdict and settlement was reached after appeal filed.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid103255138901
Indemnity Paid25000029750000
Cause of Injuryforceps deliveryforceps assisted delivery
Injured Person Address CountyPalm Beach
Location of Institutional InjuryPatients' RoomLabor and Delivery Room
Legal System StageMore than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.During appeal.
Amount of Loss Adjustment Expense Paid to Defense Counsel171511369049
Insured License Number45214ME45214
Insured Address Street2501 S Seacreat Blvd2501 S Seacrest Blvd
Court DecisionNo Court Proceedings.Judgment for the plaintiff.
Injured Person First NameLukLuke

 

 

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Dr. LYDIA K MARSHAM Medical Malpractice Lawsuits - Court Case #

Indemnity Paid: $25,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201990421
Claim Number : 237862
Date Submitted : 12/13/2019
 
Insurer Information
 
Insurer Name Coverage Type
PROASSURANCE SPECIALTY INSURANCE COMPANY, INC. Primary
Insurer FEIN Professional License Number
36-3990058  
Insurer Contact Information
Type First Name MI Last Name
Individual Lauren   Archer
Street Address
100 Brookwood Place
City State Zip
Birmingham AL 35209
Phone Ext Fax E-Mail Address
(205) 439 - 7921     larcher@proassurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualLydiaKMarsham
Insurer TypeStreet Address of Practice
Licensed460 East Altamonte Drive, Suite 2200
CityStateZip CodeCounty
Altamonte SpringsFL32701Dade
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
ES2005$250,000$750,000
Profession or BusinessOther Profession or Business
OtherPhysician Assistant
License NumberSpecialty Code & ClassificationCertification Number
PA9103622  

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MDade
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other LocationMid FLorida Adult Medicine LLC
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
1/31/20184/19/2019
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Gastro-esophageal reflux, chest pain
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
No description of the operation, diagnostic, or treatment procedure rendered causing the injury
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Cardiac pain diagnosed as gastro-esophageal reflux
Principal Injury Giving Rise To The Claim
Failure to send the patient to the ER resulting in cardiac arrest and death
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
 *NR
County Suit Filed inDate of Final Disposition
*NR10/24/2019
Other Defendants Involved in this Claim
Mid Florida Adult Medicne LLC
Stage of Legal System at which Settlement was Reached or Award Made
Within the pre-suit period as set forth in 766.106 (more than 90 days before suit is filed).
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
9/23/2019
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$25,000,000
Loss Adjust Expense Paid to Defense Counsel$8,576
All Other Loss Adjustment Expense Paid$4,320
Injured Person's Total Non-Economic Loss$25,000,000
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
Insured discussed case with defense counsel, insurance personnel and medical experts.
 
Updates
 
No updates found.

 

Dr. HUGH ALLEN Medical Malpractice Lawsuits - Court Case # CACE18019654

Indemnity Paid: $25,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201990378
Claim Number : 69533
Date Submitted : 10/25/2019
 
Insurer Information
 
Insurer Name Coverage Type
NCMIC INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
42-0635534  
Insurer Contact Information
Type First Name MI Last Name
Individual Michelle R Gould
Street Address
14001 University Avenue
City State Zip
Clive IA 50325
Phone Ext Fax E-Mail Address
(515) 313 - 4558   (515) 313 - 4471 mgould@ncmic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualHugh Allen
Insurer TypeStreet Address of Practice
Licensed12379 Pembroke Road
CityStateZip CodeCounty
Pembroke PinesFL33025Broward
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
DPL024125$1,100,000$3,000,000
Profession or BusinessOther Profession or Business
Dentistry 
License NumberSpecialty Code & ClassificationCertification Number
DN13921Dental General Practice - NOC 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FBroward
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
1/2/20182/15/2018
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Multi toothy erosion
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Multi Tooth extractions
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Extracted 10 teeth instead of 5
Principal Injury Giving Rise To The Claim
Extraction of 10 teeth rather than 5, the additional teeth would have needed extraction
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs. Includes non-disabling injuries.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
8/17/2018CACE18019654
County Suit Filed inDate of Final Disposition
Broward8/21/2019
Other Defendants Involved in this Claim
 
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
Othermediation settlement
Arbitration
Claim not subject to Arbitration.
Date of Payment
8/21/2019
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$25,000,000
Loss Adjust Expense Paid to Defense Counsel$19,141
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
Unsure at this time
 
Updates
 
No updates found.

 

Dr. HOANG DUONG Medical Malpractice Lawsuits - Court Case # 04003336

Indemnity Paid: $23,151,409.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201679047
Claim Number : 40-007800
Date Submitted : 7/12/2016
 
Insurer Information
 
Insurer Name Coverage Type
TRUCK INSURANCE EXCHANGE Primary
Insurer FEIN Professional License Number
95-2575892  
Insurer Contact Information
Type First Name MI Last Name
Individual Joseph   McCrary
Street Address
31051 Agoura Rd
City State Zip
Westlake Village CA 91361
Phone Ext Fax E-Mail Address
(818) 874 - 1664     joe.mccrary@farmersinsurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualHOANG DUONG
Insurer TypeStreet Address of Practice
Licensed1150 N 35TH AVE #300
CityStateZip CodeCounty
HOLLYWOODFL33021Lafayette
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
11777613$100,000,000$300,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME80010Physical Medicine and Rehabilitation - Pain Management 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MBroward
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other LocationRADIOLOGY
Name of InstitutionCode
MEMORIAL REGIONAL HOSPITAL(HOLLYWOOD)100038
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
5/19/20022/5/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Extensive, long segment of arterial dissection (from the proximal cervical segment of the L. internal carotid artery as far as distally as the skull base at the level of the carotid canal). Very poor antegrade flow in the L. carotid artery was also present.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Deployment of four (4) overlapping, self-expanding, nitinol stents from the skull base to the level of the carotid bulb. When a subsequent control angiogram indicated a continuing flow problem beyond the most distal stent, an additional angioplasty was performed on the remaining problem segment of the L. internal carotid artery. Two hours later, patient exhibited signs of a reperfusion injury. Patient underwent an emergency craniotomy and hematoma evacuation with persistent hemiparesis and functional decline afterwards.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged unwarranted and/or improper performance of a L. carotid stenting procedure in response to signs of ischemic stroke, and alleged failure to provide proper informed consent in stenting procedure and risks of hyperperfusion injury. Plaintiffs further alleged that a perforated vessel by a micro-catheter caused a bleed.
Principal Injury Giving Rise To The Claim
46 YOM presented to ER with complaints of slurred speech, tingling to the right hand, difficulty formulating thoughts, and left ear pain/dizziness and signs and symptoms of ischemic stroke. Subsequently, patient was found to have severe occlusion of L. distal internal carotid artery. Medical intervention did not relieve signs and symptoms of ischemic stroke, surgical intervention was ruled out; when signs and symptoms persisted, patient then underwent endovascular stenting procedure that restored blood flow. However, the restored blood flow resulted in hemorrhagic stroke--a known risk of the procedure
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
2/5/200304003336
County Suit Filed inDate of Final Disposition
Broward5/25/2016
Other Defendants Involved in this Claim
HOCHE M.D., JUBRAN A
SHARMA M.D., HINA A
KAPPLEMAN M.D., NEIL
FELDBAUM M.D., DAVID M
MEMORIAL REGIONAL HOSPITAL
BEACON HEALTHPLANS
INPATIENT CLINICAL SOLUTIONS
SURGERY GROUP OF SOUTH FLORIDA
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
 
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$23,151,409
Loss Adjust Expense Paid to Defense Counsel$1,479,504
All Other Loss Adjustment Expense Paid$385,339
Injured Person's Total Non-Economic Loss$8,000,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$299,000$5,000,000
Wage Loss$131,400$544,600
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
No risk management services are provided to this insured.
 
Updates
 
No updates found.

 

 

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Dr. LUCIANO A MARTINEZ Medical Malpractice Lawsuits - Court Case # 05-07198

Indemnity Paid: $15,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200849368
Claim Number :133484
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
IndividualLucianoAMartinez
Insurer TypeStreet Address of Practice
Licensed4129 North Armenia Avenue
CityStateZip CodeCounty
TampaFL33607Hillsborough
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
MP40379$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME32863Surgery - Obstetrics - Gynecology00000

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MHillsborough
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
SAINT JOSEPH'S HOSPITAL100075
Location of Institutional InjuryOther Location of Institutional Injury
Labor and Delivery Room 
Date of OccurrenceDate Reported to Insurer
9/7/200310/1/2004
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Termination of pregnancy.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged delayed cesarean section.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged fetal distress.
Principal Injury Giving Rise To The Claim
Neurological damage to infant.
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
8/16/200505-07198
County Suit Filed inDate of Final Disposition
Hillsborough2/14/2008
Other Defendants Involved in this Claim
Leon & Martinez, M.D.'s, P.A.
St. Joseph's Hospital, Inc. d/b/a St. Joseph's Women's Hosp
Stage of Legal System at which Settlement was Reached or Award Made
During appeal.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
Judgment for the plaintiff. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
4/1/2008
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$15,000,000
Loss Adjust Expense Paid to Defense Counsel$279,296
All Other Loss Adjustment Expense Paid$171,356
Injured Person's Total Non-Economic Loss$15,000,000
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
Insured has discussed case with insurance company personnel, medical experts and defense counsel.
 
Updates
 
 
Date of Change:6/20/2008 12:26:17 PM
Reason for Change:Report updated to reflect additional legal fees and expenses paid.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid162250168345
Amount of Loss Adjustment Expense Paid to Defense Counsel272927275271
 
Date of Change:8/17/2009 9:34:20 AM
Reason for Change:Report updated to reflect additional legal fees and expenses paid.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid168345171356
Amount of Loss Adjustment Expense Paid to Defense Counsel275271279296

 

 

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Dr. CHARLES COX Medical Malpractice Lawsuits - Court Case # 03-1699-CA-JSC

Indemnity Paid: $13,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201057132
Claim Number :25203-02
Date Submitted :4/19/2010
 
Insurer Information
 
Insurer NameCoverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INCPrimary
Insurer FEINProfessional License Number
59-6614702 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualOdessa Choice
Street Address
1000 Riverside Avenue, Suite 800
CityStateZip
JacksonvilleFL32204
PhoneExtFaxE-Mail Address
(800) 741 - 37423045(904) 358 - 6728odessa.choice@fpic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualCharles Cox
Insurer TypeStreet Address of Practice
Licensed3594 Broadway, Suite H
CityStateZip CodeCounty
Fort MyersFL33901Lee
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
3393$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME18066Surgery - Opthalmology80114

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MLee
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
11/3/20006/7/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
26 week premature newborn presented for ophthalmic monitoring.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Insured examined patient in office visit on 1/10/2001 and found no ridge, no neovascularization, no aggressive activity in the peripheral retinal vessels and the four major vessels were of normal caliber and tortuosity.There was no evidence of retinopathy.The infant was immediately referred when the mother brought him for an exam 19 days later or 4 days after scheduled and the insured found bilateral retinal hemorrhages.The critical, subsequent treater, did not see the child until 4 days later.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
Retinopathy of prematurity, retinal detachment, blindness, both eyes.
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
4/14/200303-1699-CA-JSC
County Suit Filed inDate of Final Disposition
Lee3/31/2010
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
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
3/31/2010
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$13,000,000
Loss Adjust Expense Paid to Defense Counsel$276,359
All Other Loss Adjustment Expense Paid$166,618
Injured Person's Total Non-Economic Loss$13,000,000
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. CHARLES COX Medical Malpractice Lawsuits - Court Case # 03-1699-CA-JSC

Indemnity Paid: $13,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201057128
Claim Number :25214-02
Date Submitted :4/19/2010
 
Insurer Information
 
Insurer NameCoverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INCPrimary
Insurer FEINProfessional License Number
59-6614702 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualOdessa Choice
Street Address
1000 Riverside Avenue, Suite 800
CityStateZip
JacksonvilleFL32204
PhoneExtFaxE-Mail Address
(800) 741 - 37423045(904) 358 - 6728odessa.choice@fpic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualCharles Cox
Insurer TypeStreet Address of Practice
Licensed3594 Broadway, Suite H
CityStateZip CodeCounty
Fort MyersFL33901Lee
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
3393$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME18066Surgery - Opthalmology80114

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MLee
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
11/3/20006/7/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
26 week premature newborn presented for ophthalmic monitoring.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Insured examined patient in office visit on 1/10/2001 and found no ridge, no neovascularization, no aggressive activity in the peripheral retinal vessels and four major vessels were of normal caliber and tortuosity.There was no evidence of retinopathy.The infant was immediately referred when the mother brought him for an exam 19 days later, or 4 days after scheduled and the insured found bilateral retinal hemorrhages.The critical, subsequent treater, did not see the child until 4 days later.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Subsequent treater examined on 2/01, 22 days later, and extrapolated backward to opine insured had missed ROP signs on 1/10/2001.
Principal Injury Giving Rise To The Claim
ROP, retinal detachment, blindness, both eyes.
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
4/14/200303-1699-CA-JSC
County Suit Filed inDate of Final Disposition
Lee3/31/2010
Other Defendants Involved in this Claim
 
Stage of Legal System at which Settlement was Reached or Award Made
During appeal.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
3/31/2010
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$13,000,000
Loss Adjust Expense Paid to Defense Counsel$279,109
All Other Loss Adjustment Expense Paid$162,854
Injured Person's Total Non-Economic Loss$13,000,000
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.

 

 

This page is not displaying certain sensitive information.

Medical Malpractice FAQ's

Does my doctor have any complaints against him?

You can search our database for any complaints, lawsuits or malpractice suits. medical malpractice cases

How do I find a complaint about a doctor?

You can search our database for any complaints, lawsuits or malpractice suits. medical malpractice cases

How do I know if my doctor has been disciplined?

You can search our database for any complaints, lawsuits or malpractice suits. medical malpractice cases or our Physician & Healthcare Workers Criminal Offenses website

How do I file a complaint against a doctor in Florida?

http://www.floridahealth.gov/licensing-and-regulation/enforcement/index.html

How do I report a hospital in Florida?

https://ahca.myflorida.com/MCHQ/Field_Ops/CAU.shtml

Who regulates Florida hospitals?

https://ahca.myflorida.com/

What AHCA means?

American Health Care Association - The American Health Care Association (AHCA) is a non-profit federation of affiliated state health organizations that represents more than 14,000 non-profit and for-profit nursing homes, assisted living communities, and facilities for individuals with disabilities.

How do you file a complaint with the Medical Board?

A master list of state medical boards can be found at https://www.fsmb.org/contact-a-state-medical-board

Is a misdiagnosis considered malpractice?

Failure to diagnose and misdiagnosis of an illness or injury are the basis of many medical malpractice lawsuits. Misdiagnosis on its own is not necessarily medical malpractice, and not all diagnostic errors give rise to a successful lawsuit. Even highly experienced and competent doctors make diagnostic errors. https://www.justia.com/injury/medical-malpractice/common-types-of-medical-malpractice/misdiagnosis-and-failure-to-diagnose/

What is the difference between medical malpractice and medical negligence?

Medical malpractice is the breach of the duty of care by a medical provider or medical facility. ... On the other hand, medical negligence does not involve intent. Medical negligence applies when a medical provider makes a “mistake” in treating patient and that mistake results in harm to the patient. http://wdpickett-law.com/faqs/what-is-the-difference-between-medical-malpractice-medical-negligence/

Are doctors required to have malpractice insurance in Florida?

The sign or statement must read as follows: “Under Florida law, physicians are generally required to carry medical malpractice insurance or otherwise demonstrate financial responsibility to cover potential claims for medical malpractice. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0458/Sections/0458.320.html

How do I report a doctor in Texas?

http://www.tmb.state.tx.us/page/place-a-complaint

How do I report a doctor in California?

https://www.dca.ca.gov/consumers/complaints/medbd.shtml

 

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