Dr. AMERY R WIRTSHAFTER, MD Medical Malpractice Cases, Lawsuits, and Complaints

Add Your Comments

Phycicians Practice Address

Dr. AMERY R WIRTSHAFTER, MD

4302 Alton Road, Suite 920

Miami Beach, FL

33140

Dade

Court Case # 08-14253 (18)

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200953077
Claim Number :	151570
Date Submitted :	7/11/2012

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 CASUALTY COMPANY
Street Address
2801 SW 149th Avenue, Suite 200
City				State	Zip
Miramar				FL	33027
Phone	Ext	Fax	E-Mail Address
(954) 602 - 5834			mgonzalez@pronational.com

Insured Information

Type	First Name		MI	Last Name
Individual	Amery		R	Wirtshafter
Insurer Type		Street Address of Practice
Licensed		1400 N.E. Miami Gardens Drive, Suite 209
City		State	Zip Code	County
North Miami Beach		FL	33179	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP35830		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME25947		Surgery - Urological		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	Dade
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
3/1/2006		11/30/2007

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Prostate carcinoma
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Post-cryoablation.Alleged failure to timely diagnose and treat urosepsis
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
There was no misdiagnosis made
Principal Injury Giving Rise To The Claim
Death
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
4/3/2008			08-14253 (18)
County Suit Filed in			Date of Final Disposition
Broward			3/26/2009
Other Defendants Involved in this Claim
Inphynet South Broward, Inc. Zelaya, Ricardo F Urological Consultants of South Florida, PA Memorial Hospital Miramar Escovar, Yavir M Isaac, Yanick A Teamhealth Southeast
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

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

$26,793

All Other Loss Adjustment Expense Paid

$21,313

Injured Person's Total Non-Economic Loss

$250,000

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 claim with medical experts and insurance personnel.

Updates

Date of Change:

7/11/2012 2:50:40 PM

Reason for Change:

State Report updated to reflect additional legal fees and expenses paid.

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	20535	26793
All Other Loss Adjustment Expense Paid	12827	21313

This page is not displaying certain sensitive information.

Court Case # 10-04709CA22

Indemnity Paid: $230,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201058127
Claim Number :	162659
Date Submitted :	4/7/2011

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Maria			Gonzalez
Street Address
2801 SW 149th Avenue, Suite 200
City				State	Zip
Miramar				FL	33027
Phone	Ext	Fax	E-Mail Address
(954) 602 - 5834			mgonzalez@pronational.com

Insured Information

Type	First Name		MI	Last Name
Individual	Amery		R	Wirtshafter
Insurer Type		Street Address of Practice
Licensed		4302 Alton Road, Suite 920
City		State	Zip Code	County
Miami Beach		FL	33140	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP35830		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME25947		Surgery - Urological		0

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Dade
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
7/20/2009		10/20/2009

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Metastatic bladder and vaginal cancer.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged failure to timely diagnose and treat bladder and vaginal cancer.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
There was no misdiagnosis made.
Principal Injury Giving Rise To The Claim
Alleged reduced life expectancy after being diagnosed with high grade metastatic cancer.
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
1/28/2010			10-04709CA22
County Suit Filed in			Date of Final Disposition
Dade			7/29/2010
Other Defendants Involved in this Claim
Urological Consultants of Florida, PA
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$230,000

Loss Adjust Expense Paid to Defense Counsel

$26,767

All Other Loss Adjustment Expense Paid

$16,309

Injured Person's Total Non-Economic Loss

$230,000

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 claim with insurance personnel and medical experts.

Updates

Date of Change:

4/7/2011 11:52:09 AM

Reason for Change:

Additional Legal Fees/Expenses paid after file closed.

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	21331	26767
All Other Loss Adjustment Expense Paid	14363	16309

This page is not displaying certain sensitive information.

Court Case # 03-28908 CA 01

Indemnity Paid: $90,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200746767
Claim Number :	125386
Date Submitted :	2/27/2009

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Maria			Gonzalez
Street Address
2801 SW 149th Avenue, Suite 200
City				State	Zip
Miramar				FL	33027
Phone	Ext	Fax	E-Mail Address
(954) 602 - 5834			mgonzalez@pronational.com

Insured Information

Type	First Name		MI	Last Name
Individual	Amery		R	Wirtshafter
Insurer Type		Street Address of Practice
Licensed		4302 Alton Road, Suite 920
City		State	Zip Code	County
Miami Beach		FL	33140	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP35830		$500,000		$1,500,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME25947		Surgery - Urological		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	Dade
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
11/12/2002		9/5/2003

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Erectile dysfunction
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Insertion of inflatable penile prosthesis
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to completely remove the prosthesis following a postoperative infection
Principal Injury Giving Rise To The Claim
Erectile dysfunction
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs.Includes non-disabling injuries.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
12/19/2003			03-28908 CA 01
County Suit Filed in			Date of Final Disposition
Dade			8/24/2007
Other Defendants Involved in this Claim
Amery R. Wirtshafter, FACS, PA Urological Consultants of Florida, PA Wirtshafter and Beraha, MDPA
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

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$90,000

Loss Adjust Expense Paid to Defense Counsel

$67,548

All Other Loss Adjustment Expense Paid

$101,646

Injured Person's Total Non-Economic Loss

$90,000

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 claim with insurance personnel and medical experts.

Updates

Date of Change:

2/27/2009 11:35:18 AM

Reason for Change:

Additional invoices paid after file closed.

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	56890	67548
All Other Loss Adjustment Expense Paid	93459	101646

This page is not displaying certain sensitive information.

Court Case # 13-11845CA31

Indemnity Paid: $20,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201470815
Claim Number :	178135
Date Submitted :	8/18/2014

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Michelle			Brown
Street Address
100 Brookwood Place
City				State	Zip
Birmingham				AL	35209
Phone	Ext	Fax	E-Mail Address
(205) 802 - 4754			mibrown@proassurance.com

Insured Information

Type	First Name		MI	Last Name
Individual	Amery		R	Wirtshafter
Insurer Type		Street Address of Practice
Licensed		4302 Alton Road, Suite 920
City		State	Zip Code	County
Miami Beach		FL	33140	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP35830		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME25947		Urology- minor surgery

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
Hospital Inpatient Facility
Name of Institution		Code
MOUNT SINAI MEDICAL CENTER		100034
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
9/27/2011		5/9/2012

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient underwent surgery on 9/27/11 and allegedly had retained Pollack catheter, which was removed on 2/01/12 with no complications or residual problems.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Patient underwent surgery on 9/27/11 and allegedly had retained Pollack catheter, which was removed on 2/01/12 with no complications or residual problems.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient underwent surgery on 9/27/11 and allegedly had retained Pollack catheter, which was removed on 2/01/12 with no complications or residual problems.
Severity Of Injury
Temporary: Slight - Lacerations, contusions, minor scars, rash.No delay.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
4/3/2013			13-11845CA31
County Suit Filed in			Date of Final Disposition
Dade			5/7/2014
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
5/15/2014

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$20,000

Loss Adjust Expense Paid to Defense Counsel

$23,717

All Other Loss Adjustment Expense Paid

$8,859

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

Insured discussed case with defense counsel, insurance personnel, and medical experts.

Updates

Date of Change:

8/7/2014 11:21:20 AM

Reason for Change:

Updated financials

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	21139	23717
All Other Loss Adjustment Expense Paid	6008	8859

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

This page is not displaying certain sensitive information.

Frequently Asked Questions

Does Dr. AMERY R WIRTSHAFTER, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. AMERY R WIRTSHAFTER, MD has at least 4 medical malpractice case(s), lawsuit(s), or complaint(s).