Dr. BRIAN C MITCHELL, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. BRIAN C MITCHELL, MD

900 N. W. 13th Street, Suite 206

boca Raton, FL

33486

Palm Beach

Court Case # CA 01-9450

Indemnity Paid: $120,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200640646
Claim Number :	00-0527
Date Submitted :	5/15/2006

Insurer Information

Insurer Name				Coverage Type
CLARENDON NATIONAL INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
52-0266645
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Nancy			Thomas
Street Address
2000 West Sam Houston Parkway South, 19th Floor; One Briarlake Plaza
City				State	Zip
Houston				TX	77042-361
Phone	Ext	Fax	E-Mail Address
(713) 935 - 8868		(713) 461 - 8130	nancy_thomas@ajg.com

Insured Information

Type	First Name		MI	Last Name
Individual	Brian		C	Mitchell
Insurer Type		Street Address of Practice
Licensed		900 N.W. 13th Streetm, Suite 206
City		State	Zip Code	County
Boca Raton		FL	33486	Palm Beach
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
CMP0005003		$500,000		$1,500,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME33634		Otorhinolaryngology - No 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	Palm Beach
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
12/17/1998		6/6/2001

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Acoustic Neuroma
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Treated with steroids and suggested follow up visit.Follow up visit revealed 50% improvement in hearing.Gave addl RX for steroid and suggested follow up in 6 weeks.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis
Principal Injury Giving Rise To The Claim
Plaintiff alleges failure to diagnose acoustic neurome resulting in delay in treatment.Plaintiff alleges decrease in hearing and dizziness.
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
9/13/2001			CA 01-9450
County Suit Filed in			Date of Final Disposition
Palm Beach			5/12/2006
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
2/10/2006

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$120,000

Loss Adjust Expense Paid to Defense Counsel

$70,609

All Other Loss Adjustment Expense Paid

$11,699

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

It is unknown whether the delay actually caused the hearing loss.

Updates

No updates found.

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Court Case # 02-22781 CA 13

Indemnity Paid: $75,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200534023
Claim Number :	01-0138
Date Submitted :	1/17/2005

Insurer Information

Insurer Name				Coverage Type
CLARENDON NATIONAL INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
52-0266645
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Nancy			Thomas
Street Address
2000 West Sam Houston Parkway South, 19th Floor; One Briarlake Plaza
City				State	Zip
Houston				TX	77042-361
Phone	Ext	Fax	E-Mail Address
(713) 935 - 8868		(713) 461 - 8130	nancy_thomas@ajg.com

Insured Information

Type	First Name		MI	Last Name
Individual	Brian		C	Mitchell
Insurer Type		Street Address of Practice
Licensed		900 N. W. 13th Street, Suite 206
City		State	Zip Code	County
boca Raton		FL	33486	Palm Beach
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
CMP0005003		$500,000		$1,500,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME33634		Otorhinolaryngology - Minor Surgery		80291

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
Hospital Inpatient Facility
Name of Institution		Code
BOCA RATON COMMUNITY HOSPITAL		100168
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
3/28/2001		2/27/2002

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Difficulty swallowing
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Dr. Mitchell recorded mass on right neck via palpation and mass on right thyroid.He ordered a scan and blood work.Scan interpreted by nuclear medicine physician as cold nodule.Dr. Mitchell then consulted with cytopathologist who later performed a biopsy and reported to Dr. Mitchell that it was suspicious for carcinoma.Dr. Mitchell recommended to patient that she undergo a total thyroidectomy and modified neck dissection.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis
Principal Injury Giving Rise To The Claim
Alleged failure to obtain frozen section analysis of a portion of the thyroid before proceeding to remove entire thyroid gland.Biopsies taken during surgery subsequently came out negative for cancer, resulting in alleged unnecessary removal of thyroid, scarring, nerve damage to left shoulder and arm.
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
10/8/2002			02-22781 CA 13
County Suit Filed in			Date of Final Disposition
Dade			12/30/2004
Other Defendants Involved in this Claim
Santaella, Idalia Diagnostic Cytopathology Laboratory, Inc. Ear Nose and Throat Associates of South 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
12/16/2004

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$75,000

Loss Adjust Expense Paid to Defense Counsel

$70,653

All Other Loss Adjustment Expense Paid

$29,342

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

Unknown

Updates

No updates found.

This page is not displaying certain sensitive information.

Frequently Asked Questions

Does Dr. BRIAN C MITCHELL, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. BRIAN C MITCHELL, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).