| Department File Number : | M202093183 |
| Claim Number : | 26464-02 |
| Date Submitted : | 8/7/2020 |
| Insurer Information | |||||
| Insurer Name | Coverage Type | ||||
| PROASSURANCE INSURANCE COMPANY OF AMERICA | Primary | ||||
| Insurer FEIN | Professional License Number | ||||
| 58-1403235 | |||||
| Insurer Contact Information | |||||
| Type | First Name | MI | Last Name | ||
| Individual | Angeline | Schave | |||
| Street Address | |||||
| 3000 Meridian Blvd. Ste. 400 | |||||
| City | State | Zip | |||
| Franklin | TN | 37067 | |||
| Phone | Ext | Fax | E-Mail Address | ||
| (615) 371 - 8776 | 2998 | (615) 986 - 1945 | aschave@picagroup.com | ||
| Insured Information | |||||
| Type | First Name | MI | Last Name | ||
| Individual | Bradley | A | Herbst | ||
| Insurer Type | Street Address of Practice | ||||
| Licensed | 12276 San Jose Blvd., Ste. 606 | ||||
| City | State | Zip Code | County | ||
| Jacksonville | FL | 32257 | Duval | ||
| Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
| 1PD0012951 | $500,000 | $1,500,000 | |||
| Profession or Business | Other Profession or Business | ||||
| Podiatric Physician | |||||
| License Number | Specialty Code & Classification | Certification Number | |||
| PO2789 | |||||
| Injured Person Information | |||||
| First Name | MI | Last Name | Date of Birth | ||
| Street Address | Gender | County where Injury Occurred | |||
| M | Duval | ||||
| City | State | Zip Code | |||
| Location where injury occured | Other location where injury occured | ||||
| Hospital Outpatient Facility | |||||
| Name of Institution | Code | ||||
| N/A | 000000 | ||||
| Location of Institutional Injury | Other Location of Institutional Injury | ||||
| Operating Suite | |||||
| Date of Occurrence | Date Reported to Insurer | ||||
| 4/12/2016 | 12/12/2018 | ||||
| Diagnostic Information | |||||
| Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
| Bunions, bilateral | |||||
| Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
| Bunionectomy and 1st Metaostecotomy with internal fixator, right foot; Bunionectomy with Akin osteotomy, left foot | |||||
| Diagnostic Code : | |||||
| Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
| *NR | |||||
| Principal Injury Giving Rise To The Claim | |||||
| Patient presented to the insured with bunions on both feet. Conservative options were discussed but patient insisted on surgery. Surgery was performed on the right foot without complications and the patient recovered from surgery. After the right foot healed, the insured performed surgery on the left foot. Two weeks post surgery, sutures were removed but the following day the patient returned to the office with a ¿mild wound dehiscence¿ and steri-strips were applied. Three weeks post surgery, the patient began experiencing pain and it was suspected the pain was due to a gout attack in the area. Although the patient was improving, an ulcer with infection appeared so a wound culture was taken which revealed staph aureus infection and the patient was prescribed clindamycin and Cipro. Patient was not seen again by the insured. Patient claims he developed osteomyelitis. Patient alleges the insured failed to further investigate the possibility of osteomyelitis on multiple visits; Used steri-strips to close a dehisced wound, trapping pathogens in the surgical site; Failed to irrigate and debride the surgical wound that opened; Failed to order advanced imaging; Failed to order an ID consult; Failed to confirm gout rather than deep infection; Improperly culturing only the superficial rather than deep tissues; Failed to order complete NWB following the osteotomy. | |||||
| Severity Of Injury | |||||
| Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung. | |||||
| Legal Information | |||||
| Date of Suit | Circuit Court Case Number | ||||
| *NR | |||||
| County Suit Filed in | Date of Final Disposition | ||||
| *NR | 7/16/2020 | ||||
| Other Defendants Involved in this Claim | |||||
| Lagoutaris, Efstratios D Podiatry Associates of Florida, Inc. Rullan, Alberto A | |||||
| 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 | |||||
| 7/29/2020 | |||||
| Financial Information | |||||||||||||||||||||
| Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
| Indemnity Paid by Insurer on behalf of Insured | $260,000 | ||||||||||||||||||||
| Loss Adjust Expense Paid to Defense Counsel | $23,109 | ||||||||||||||||||||
| All Other Loss Adjustment Expense Paid | $822 | ||||||||||||||||||||
| Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
| Deductible | $0 | ||||||||||||||||||||
| Injured Person's Total Economic Loss | |||||||||||||||||||||
| |||||||||||||||||||||
| Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
| Specialty Code - 80993 | |||||||||||||||||||||
| Updates | |
| No updates found. |
Does Dr. BRADLEY A HERBST, MD have any medical malpractice cases, lawsuits, or complaints?
Dr. BRADLEY A HERBST, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).