Department File Number : | M201677369 |
Claim Number : | SM270738 |
Date Submitted : | 2/29/2016 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
EVANSTON INSURANCE COMPANY | Primary | ||||
Insurer FEIN | Professional License Number | ||||
36-2950161 | |||||
Insurer Contact Information | |||||
Type | First Name | MI | Last Name | ||
Individual | CRYSTAL | L | ALSTONBAYTON | ||
Street Address | |||||
4600 COX ROAD | |||||
City | State | Zip | |||
GLEN ALLEN | VA | 23060 | |||
Phone | Ext | Fax | E-Mail Address | ||
(804) 864 - 3731 | (855) 662 - 7535 | CALSTONBAYTON@MARKELCORP.COM |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | ALFREDO | CARTAYA | |||
Insurer Type | Street Address of Practice | ||||
Licensed | 6150 AZALEA ROAD | ||||
City | State | Zip Code | County | ||
PENSACOLA | FL | 32504 | Escambia | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
SM895691 | $250,000 | $750,000 | |||
Profession or Business | Other Profession or Business | ||||
Medical Doctor | |||||
License Number | Specialty Code & Classification | Certification Number | |||
ME20546 | Emergency Medicine - No Major Surgery |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
F | Walton | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Other Outpatient Facility | HEALTHMARK EMERGENCY DEPT | ||||
Name of Institution | Code | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Patients' Room | |||||
Date of Occurrence | Date Reported to Insurer | ||||
6/8/2013 | 4/25/2014 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
ON JUNE 8, 2013 CLMT PRESENTED TO HEALTHMARK EMERGENCY DEPARTMENT WITH FACIAL DROOPING, WEAKNESS AND WHAT WAS ALLEGED TO BE SIGNS OF A SLIGHT STROKE, AND THE ER PHYSICIAN TREATED HER FOR ¿EARLY BELLS PALSY¿. HOWEVER, ON JUNE 16, 2013 CLMT SUFFERED AN ISCHEMIC CVA THAT CAUSED PERMANENT DISFIGUREMENT, DISABILITY AND THE NEED FOR CONTINUING CARE. | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
CLMT PRESENTED TO HEALTHMARK ED WITH HISTORY OF HYPERTENSION AND ON BIRTH CONTROL. SHE HAD DROOPING FACE FOR ONE DAY PRIOR AND THIS WAS STILL PRESENT. EXAM FOUND MILD FACIAL WEAKNESS WITH NO FRONTALIS PALSY. EXTRA OCULAR MOTIONS AND SPEECH WERE NORMAL. LEFT UPPER EXTREMITY STRENTH 2/5 AND LEFT LOWER 4/5. RIGHT UPPER EXTREMITY AND RIGHT LOWER STRENGTH WAS 5/5. INSD DR DIAGNOSED CLMT WITH EARLY BELLS PALSY, INSTRUCTED HER TO FOLLOW UP WITH PCP IN SEVERAL DAYS, AVOID EXTREME TEMPS IN THE FACE AND PUT CLMT ON FERROUS SULFATE AND PREDNISONE ALONG WITH ZOVARAX. CLMT DID NOT SEE PCP, INSTEAD WENT TO HOSPITAL EIGHT DAYS LATER ON JUNE 16, 2013 WITH COMPLAINT OF WEAKNESS. THERE WAS TINGLING AND WEAKNESS IN LEFT ARM AND LEG AND NOTED SLURRED SPEECH SINCE THE PRIOR WEEK. CLMT ALSO NOTED LEFT FACIAL DROOP AND NUMBNESS IN FOREHEAD AND HEADACHE. CLMT NOTED GAIT CHANGES, PARALYSIS, PARESTHESIA, SENSORY CHANGES AND SPEECH CHANGES. EXAM SHOWED LEFT UPPER EXTREMITY SENSATION 2/5, SPEECH SLURRED AND HER MOTOR EXAM SHOWED 4/5 STRENGTH ON LEFT WITH EXAM NORMAL ON RIGHT AT 5/5. LEFT UPPER EXTREMITY WAS 2/5. MILD ATAXIA WITH DRIFT TO THE LEFT. CT SHOWED HYPODENSITY ON THE RIGHT PUTAMEN CONCERNING FOR CVA. DIAGNOSIS WAS PRIMARY STROKE, CEREBRAL ARTERY OCCLUSION WITH CEREBRAL INFARCT. ALSO NOTED IN THE ER TO HAVE PTOSIS OF THE LEFT EYE, FACIAL NUMBNESS TO THE LEFT SIDE OF THE FACE, PARESTHESIA DESCRIBED AS TINGLING TO THE LEFT SIDE OF THE FOREHEAD AND HER HAND GRASPS WERE UNEQUAL WITH RIGHT STRONGER THAN LEFT. | |||||
Diagnostic Code : | |||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
CLAIMANT TREATED FOR EARLY BELLS PALSY INSTEAD OF BEING TREATED FOR STROKE | |||||
Principal Injury Giving Rise To The Claim | |||||
ALLEGED THAT DR CARATAYA AND HEALTHMARK EMPLOYEES OR STAFF FAILED TO PROPERLY CARE FOR CLMT WHEN SHE PRESENTED TO HEALTHMARK ED ON JUNE 8, 2013 WITH SIGNS OF A SLIGHT STROKE. THE ER PHYSICIAN TREATED THE CLMT FOR EARLY BELLS PALSY ; HOWEVER, ON JUNE 16, 2013, CLMT SUFFERED AN ISCHEMIC CVA THAT CAUSED PERMANENT DISFIGUREMENT, DISABILITY, AND THE NEED FOR CONTINUING CARE. | |||||
Severity Of Injury | |||||
Permanent: Minor - Loss of fingers, loss or damage to organs. Includes non-disabling injuries. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
8/12/2014 | 662014CA000489CAAXMX | ||||
County Suit Filed in | Date of Final Disposition | ||||
Walton | 6/10/2015 | ||||
Other Defendants Involved in this Claim | |||||
HEALTHMARK OF WALTON, 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 Decision | Other | ||||
Other | ORDER OF DISMISSAL WITH PREJUDICE | ||||
Arbitration | |||||
Claim not subject to Arbitration. | |||||
Date of Payment | |||||
5/19/2015 |
Financial Information | |||||||||||||||||||||
Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
Indemnity Paid by Insurer on behalf of Insured | $250,000 | ||||||||||||||||||||
Loss Adjust Expense Paid to Defense Counsel | $21,949 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $0 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
Deductible | $15,000 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
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Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
NONE |
Updates | |
No updates found. |
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Does Dr. ALFREDO CARTAYA, MD have any medical malpractice cases, lawsuits, or complaints?
Dr. ALFREDO CARTAYA, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).