Dr. BRIAN D KELLY, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. BRIAN D KELLY, MD

1900 North Mills Avenue

Orlando, FL

32803

Orange

Court Case # 2013-CA-5487-0

Indemnity Paid: $125,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201472663
Claim Number :	43277
Date Submitted :	12/30/2014

Insurer Information

Insurer Name				Coverage Type
MAG MUTUAL INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
58-1449198
Insurer Contact Information
Type		Entity Name
Entity		MAG MUTUAL INSURANCE COMPANY
Street Address
8427 South Park Circle Suite 130
City				State	Zip
Orlando				FL	32819
Phone	Ext	Fax	E-Mail Address
(407) 370 - 3813		(407) 370 - 2247	ctschanz@magmutual.com

Insured Information

Type	First Name		MI	Last Name
Individual	BRIAN		D	KELLY
Insurer Type		Street Address of Practice
Licensed		1900 N. Mills Ave.
City		State	Zip Code	County
Orlando		FL	32803	Orange
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
PSL 1602448 04		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
OS5851		Cardiovascular Disease - Minor Surgery

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	Orange
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Outpatient Facility
Name of Institution		Code
FLORIDA HOSPITAL (ORLANDO)		100007
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
3/14/2011		11/29/2012

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Persistent dypsnea
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Left and right heart catheterizations
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged unnecessary left and right heart catheterizations and failure to properly manage anti-coagulation
Principal Injury Giving Rise To The Claim
Thrombus of left femoral artery, foot drop
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs. Includes non-disabling injuries.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
4/25/2013			2013-CA-5487-0
County Suit Filed in			Date of Final Disposition
Orange			12/17/2014
Other Defendants Involved in this Claim
Cardiovascular Interventions
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
11/3/2014

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$125,000

Loss Adjust Expense Paid to Defense Counsel

$40,084

All Other Loss Adjustment Expense Paid

$19,323

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$200,000	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

Risk management has counseled insured

Updates

Date of Change:

12/30/2014 12:34:34 PM

Reason for Change:

Report updated to reflect Court Document final disposition date of 12/17/14

Field Changed	Former Value	New Value
Date of Final Disposition	03-NOV-14	17-DEC-14

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Court Case # 07 CA 13184

Indemnity Paid: $75,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200954774
Claim Number :	148469
Date Submitted :	4/6/2011

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
14497 North Dale Mabry Hwy., Suite 115-N
City				State	Zip
Tampa				FL	33618
Phone	Ext	Fax	E-Mail Address
(813) 969 - 2010		(813) 969 - 2120	SNorris@ProAssurance.com

Insured Information

Type	First Name		MI	Last Name
Individual	Brian		D	Kelly
Insurer Type		Street Address of Practice
Licensed		1900 North Mills Avenue
City		State	Zip Code	County
Orlando		FL	32803	Orange
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP47649		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
OS5851		Cardiovascular Disease - Minor Surgery		00000

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	Orange
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
4/18/2006		4/19/2007

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Myocardial infarction resulting in anteroapical scar and wall motion abnormalities.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Coumadin anticoagulation.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis.
Principal Injury Giving Rise To The Claim
Death allegedly resulting from mismanagement of Coumadin anticoagulation.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
10/15/2007			07 CA 13184
County Suit Filed in			Date of Final Disposition
Orange			8/25/2009
Other Defendants Involved in this Claim
Cardiac Care Specialists Internal Medicine Group, P.A. Attermann, Steven
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
9/2/2009

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

$89,453

All Other Loss Adjustment Expense Paid

$40,608

Injured Person's Total Non-Economic Loss

$75,000

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

Updates

Date of Change:

6/15/2010 11:42:14 AM

Reason for Change:

Report updated to reflect additional legal fees and expenses paid.

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	31169	40296
Amount of Loss Adjustment Expense Paid to Defense Counsel	59750	89453

Date of Change:

4/6/2011 11:14:32 AM

Reason for Change:

Report updated to reflect additional expenses paid.

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	40296	40608

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Frequently Asked Questions

Does Dr. BRIAN D KELLY, MD have any medical malpractice cases, lawsuits, or complaints?

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

Medical Malpractice Cases