Medical Malpractice Cases

Dr. BART GERSHENBAUM, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address
Dr. BART GERSHENBAUM, MD
4844 NW 91 WAY
US

Court Case # 2016-026349 CA 01

Indemnity Paid: $250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201988919
Claim Number : SAM-IG-007120
Date Submitted : 5/25/2019
 
Insurer Information
 
Insurer Name Coverage Type
SAMARITAN RISK RETENTION GROUP, INC. Primary
Insurer FEIN Professional License Number
20-3433505  
Insurer Contact Information
Type First Name MI Last Name
Individual NANCY   CARR
Street Address
11440 SW 88th STREET
City State Zip
MIAMI FL 33176
Phone Ext Fax E-Mail Address
(305) 274 - 4070   (305) 274 - 2701 carol.lobacz@nccrms.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualBart Gershenbaum
Insurer TypeStreet Address of Practice
Licensed975 Baptist Way
CityStateZip CodeCounty
HomesteadFL33033Monroe
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
SPL 1060$250,000$750,000
Profession or BusinessOther Profession or Business
Osteopathic Physician 
License NumberSpecialty Code & ClassificationCertification Number
OS4663Family Physicians or General Practitioners - No Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MMonroe
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
HOMESTEAD HOSPITAL (DADE)100125
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
12/26/20156/8/2016
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Multi-level degenerative disc disease with radiculopathy. Degeneration of lumbar intervertebral disc and sciatica as well as lumbar post-laminectomy syndrome. He was instructed to follow up with his neurosurgeon.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
There was no operation, diagnostic or treatment procedure that caused injury.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
There was no misdiagnosis of this patient.
Principal Injury Giving Rise To The Claim
10 days after seen in the ED the patient was admitted to the hospital with a diagnosis of cauda equina syndrome and underwent a laminectomy. He had not followed up with his neurosurgeon as instructed. Although expert reviews were supportive this case was settled without an admission of liability as a business decision to protect this practitioner from potential personal excess exposure.
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
10/20/20162016-026349 CA 01
County Suit Filed inDate of Final Disposition
Dade3/19/2019
Other Defendants Involved in this Claim
Sanchez, Miriel
Marin, Edgar
Homestead Hospital
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
3/14/2019
 
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$231,023
All Other Loss Adjustment Expense Paid$20,544
Injured Person's Total Non-Economic Loss$250,000
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
Physician discussed case with defense counsel and claim consultant.
 
Updates
 
No updates found.

 

Court Case # 99-0106983(09)

Indemnity Paid: $100,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200534562
Claim Number :00-004747
Date Submitted :3/7/2005
 
Insurer Information
 
Insurer NameCoverage Type
TRUCK INSURANCE EXCHANGEPrimary
Insurer FEINProfessional License Number
95-2575892 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualDeanon Davis
Street Address
4601 Wilshire Blvd., Suite 100
CityStateZip
Los AngelesCA90010
PhoneExtFaxE-Mail Address
(323) 930 - 6346  deanon.davis@farmersinsurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualBARTKGERSHENBAUM
Insurer TypeStreet Address of Practice
Licensed4844 NW 91 WAY
CityStateZip CodeCounty
CORAL SPRINGSFL33067Broward
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
SIR0276090000$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Osteopathic Physician 
License NumberSpecialty Code & ClassificationCertification Number
OS4663Emergency Medicine - Including Major Surgery 

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
Emergency Room 
Name of InstitutionCode
UNIVERSITY PAVILION HOSPITAL110037
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
10/3/19976/23/1999
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
ACUTE MI
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
FAILURE TO DIAGNOSE A PENDING MI IN THE ER.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
PATIENT PRESENTED TO THE ER WITH CHEST PAIN.ALL TEST WERE NORMAL.THE PATIENT REPORTED HER SYMPTOMS RESOLVED WHEN GIVEN A GL COCKTAIL.SHE WAS DIAGNOSED WITH REFLUX ESOPHAGITIS AND DISCHARGED HOME.ONE AND A HALF HOURS LATER THE PATIENT SUFFERED A MI.
Principal Injury Giving Rise To The Claim
FAILURE TO DIAGNOSE A PENDING MI IN THE ER.
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 SuitCircuit Court Case Number
5/30/200099-0106983(09)
County Suit Filed inDate of Final Disposition
Broward3/2/2005
Other Defendants Involved in this Claim
COLUMBIA UNIVERSITY HOSPITAL
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
3/1/2005
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$100,000
Loss Adjust Expense Paid to Defense Counsel$23,646
All Other Loss Adjustment Expense Paid$4,593
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$7,258$150,000
Wage Loss$64,000$0
Other Expenses$10,801$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
NONE.THE INSURED IS NOT PROVIDED WITH RISK MANAGEMENT SERVICES.
 
Updates
 
No updates found.

 

 

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Frequently Asked Questions

Does Dr. BART GERSHENBAUM, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. BART GERSHENBAUM, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).

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