Medical Malpractice Cases

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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 Name				Coverage Type
TRUCK INSURANCE EXCHANGE				Primary
Insurer FEIN		Professional License Number
95-2575892
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Vern		F	Shirley
Street Address
700 South Flower Street, Suite 2700
City				State	Zip
Los Angeles				CA	90017
Phone	Ext	Fax	E-Mail Address
(213) 615 - 2682		(213) 622 - 5004	vern.shirley@farmersinsurance.com

Insured Information

Type	First Name		MI	Last Name
Individual	Arnold		W	Mackles
Insurer Type		Street Address of Practice
Licensed		238 CORAL CAY TER
City		State	Zip Code	County
PALM BEACH GARDENS		FL	33418	Palm Beach
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
0117772180000		$3,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME42190		Surgery - Obstetrics - Gynecology

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Palm Beach
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
SAINT MARY'S HOSPITAL		100010
Location of Institutional Injury		Other Location of Institutional Injury
Critical Care Unit
Date of Occurrence		Date Reported to Insurer
12/25/1996		1/5/1999

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 Suit			Circuit Court Case Number
6/23/1999			CL994772A0
County Suit Filed in			Date of Final Disposition
Palm Beach			4/26/2002
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 Decision			Other
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

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$0	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

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

Type	First Name		MI	Last Name
Individual	Jenny		M	Whitworth
Insurer Type		Street Address of Practice
Licensed		841 Prudential Dr.
City		State	Zip Code	County
Jacksonville		FL	32207	Duval
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
PSL 1603120 01		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME116355		Surgery - Gynecology

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Duval
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
BAPTIST MEDICAL CENTER SOUTH		23960052
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
9/5/2014		11/19/2014

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 Suit			Circuit Court Case Number
4/27/2017			2017-CA-002742
County Suit Filed in			Date of Final Disposition
Duval			4/20/2018
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 Decision			Other
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

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
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 Changed	Former Value	New Value
Date of Final Disposition	03-APR-18	20-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

Type	First Name		MI	Last Name
Individual	Alan		D	Feldman
Insurer Type		Street Address of Practice
Licensed		10333 Seminole Blve., Ste. 3
City		State	Zip Code	County
Largo		FL	33778	Pinellas
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
PSC10-000572738		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME73928		Psychiatry - Child and Adolescent Psychiatry

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Hillsborough
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Location		Florida Hospital Zephyhills
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Other		Florida Hospital Zephyhills
Date of Occurrence		Date Reported to Insurer
5/4/2011		4/15/2013

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 Suit			Circuit Court Case Number
1/9/2014			13-CA-013598
County Suit Filed in			Date of Final Disposition
Hillsborough			5/9/2016
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 Decision			Other
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

All Other Loss Adjustment Expense Paid

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$0	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

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 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	Pamela		A	Prudlow
Street Address
5814 Reed Rd
City				State	Zip
Fort Wayne				IN	46835
Phone	Ext	Fax	E-Mail Address
(260) 486 - 0370		(260) 486 - 0785	pamela.prudlow@medpro.com

Insured Information

Type	First Name		MI	Last Name
Individual	Atilla			Eagleman
Insurer Type		Street Address of Practice
Licensed		2501 S Seacrest Blvd
City		State	Zip Code	County
Boynton Beach		FL	33435	Palm Beach
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
623991		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME45214		Gynecology - No Surgery		0

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	Palm Beach
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
BETHESDA MEMORIAL HOSPITAL		100002
Location of Institutional Injury		Other Location of Institutional Injury
Labor and Delivery Room
Date of Occurrence		Date Reported to Insurer
10/30/1997		12/31/1997

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 Suit			Circuit Court Case Number
5/15/2000			CL-00-4828-AF
County Suit Filed in			Date of Final Disposition
Palm Beach			3/22/2004
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 Decision			Other
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

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$0	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

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 Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	103255	138901
Indemnity Paid	250000	29750000
Cause of Injury	forceps delivery	forceps assisted delivery
Injured Person Address County		Palm Beach
Location of Institutional Injury	Patients' Room	Labor and Delivery Room
Legal System Stage	More 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 Counsel	171511	369049
Insured License Number	45214	ME45214
Insured Address Street	2501 S Seacreat Blvd	2501 S Seacrest Blvd
Court Decision	No Court Proceedings.	Judgment for the plaintiff.
Injured Person First Name	Luk	Luke

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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

Type	First Name		MI	Last Name
Individual	Lydia		K	Marsham
Insurer Type		Street Address of Practice
Licensed		460 East Altamonte Drive, Suite 2200
City		State	Zip Code	County
Altamonte Springs		FL	32701	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
ES2005		$250,000		$750,000
Profession or Business			Other Profession or Business
Other			Physician Assistant
License Number		Specialty Code & Classification		Certification Number
PA9103622

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	Dade
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Location		Mid FLorida Adult Medicine LLC
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
1/31/2018		4/19/2019

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 Suit			Circuit Court Case Number
			*NR
County Suit Filed in			Date of Final Disposition
*NR			10/24/2019
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 Decision			Other
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

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$0	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

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

Type	First Name		MI	Last Name
Individual	Hugh			Allen
Insurer Type		Street Address of Practice
Licensed		12379 Pembroke Road
City		State	Zip Code	County
Pembroke Pines		FL	33025	Broward
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
DPL024125		$1,100,000		$3,000,000
Profession or Business			Other Profession or Business
Dentistry
License Number		Specialty Code & Classification		Certification Number
DN13921		Dental General Practice - NOC

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Broward
City			State	Zip Code

Location where injury occured		Other location where injury occured
Physician's Office
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
1/2/2018		2/15/2018

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 Suit			Circuit Court Case Number
8/17/2018			CACE18019654
County Suit Filed in			Date of Final Disposition
Broward			8/21/2019
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 Decision			Other
Other			mediation 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

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$0	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

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

Type	First Name		MI	Last Name
Individual	HOANG			DUONG
Insurer Type		Street Address of Practice
Licensed		1150 N 35TH AVE #300
City		State	Zip Code	County
HOLLYWOOD		FL	33021	Lafayette
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
11777613		$100,000,000		$300,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME80010		Physical Medicine and Rehabilitation - Pain Management

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	Broward
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Location		RADIOLOGY
Name of Institution		Code
MEMORIAL REGIONAL HOSPITAL(HOLLYWOOD)		100038
Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
5/19/2002		2/5/2003

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 Suit			Circuit Court Case Number
2/5/2003			04003336
County Suit Filed in			Date of Final Disposition
Broward			5/25/2016
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 Decision			Other
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

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
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 Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type		Entity Name
Entity		PROASSURANCE INDEMNITY COMPANY, INC.
Street Address
13919 Carrollwood Village Run
City				State	Zip
Tampa				FL	33618
Phone	Ext	Fax	E-Mail Address
(813) 969 - 2010		(813) 969 - 2120	SNorris@ProAssurance.com

Insured Information

Type	First Name		MI	Last Name
Individual	Luciano		A	Martinez
Insurer Type		Street Address of Practice
Licensed		4129 North Armenia Avenue
City		State	Zip Code	County
Tampa		FL	33607	Hillsborough
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP40379		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME32863		Surgery - Obstetrics - Gynecology		00000

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	Hillsborough
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
SAINT JOSEPH'S HOSPITAL		100075
Location of Institutional Injury		Other Location of Institutional Injury
Labor and Delivery Room
Date of Occurrence		Date Reported to Insurer
9/7/2003		10/1/2004

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 Suit			Circuit Court Case Number
8/16/2005			05-07198
County Suit Filed in			Date of Final Disposition
Hillsborough			2/14/2008
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 Decision			Other
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

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$0	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

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 Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	162250	168345
Amount of Loss Adjustment Expense Paid to Defense Counsel	272927	275271

Date of Change:

8/17/2009 9:34:20 AM

Reason for Change:

Report updated to reflect additional legal fees and expenses paid.

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	168345	171356
Amount of Loss Adjustment Expense Paid to Defense Counsel	275271	279296

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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 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	Odessa			Choice
Street Address
1000 Riverside Avenue, Suite 800
City				State	Zip
Jacksonville				FL	32204
Phone	Ext	Fax	E-Mail Address
(800) 741 - 3742	3045	(904) 358 - 6728	odessa.choice@fpic.com

Insured Information

Type	First Name		MI	Last Name
Individual	Charles			Cox
Insurer Type		Street Address of Practice
Licensed		3594 Broadway, Suite H
City		State	Zip Code	County
Fort Myers		FL	33901	Lee
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
3393		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME18066		Surgery - Opthalmology		80114

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	Lee
City			State	Zip Code

Location where injury occured		Other location where injury occured
Physician's Office
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury

Date of Occurrence		Date Reported to Insurer
11/3/2000		6/7/2002

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 Suit			Circuit Court Case Number
4/14/2003			03-1699-CA-JSC
County Suit Filed in			Date of Final Disposition
Lee			3/31/2010
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 Decision			Other
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

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$0	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

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 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	Odessa			Choice
Street Address
1000 Riverside Avenue, Suite 800
City				State	Zip
Jacksonville				FL	32204
Phone	Ext	Fax	E-Mail Address
(800) 741 - 3742	3045	(904) 358 - 6728	odessa.choice@fpic.com

Insured Information

Type	First Name		MI	Last Name
Individual	Charles			Cox
Insurer Type		Street Address of Practice
Licensed		3594 Broadway, Suite H
City		State	Zip Code	County
Fort Myers		FL	33901	Lee
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
3393		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME18066		Surgery - Opthalmology		80114

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	Lee
City			State	Zip Code

Location where injury occured		Other location where injury occured
Physician's Office
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury

Date of Occurrence		Date Reported to Insurer
11/3/2000		6/7/2002

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 Suit			Circuit Court Case Number
4/14/2003			03-1699-CA-JSC
County Suit Filed in			Date of Final Disposition
Lee			3/31/2010
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 Decision			Other
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

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$0	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

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 report a doctor in Florida?

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

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

Medical Malpractice Cases