Dr. BRIAN MALLETTE, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. BRIAN MALLETTE, MD

200 So. Harbor City Blvd.

Melbourne, FL

32901

Brevard

Court Case # 05-2011-CA-007526

Indemnity Paid: $65,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201469424
Claim Number :	16044-01
Date Submitted :	1/15/2014

Insurer Information

Insurer Name				Coverage Type
PODIATRY INSURANCE COMPANY OF AMERICA				Primary
Insurer FEIN		Professional License Number
58-1403235
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Karen			Kessler
Street Address
3000 Meridian Blvd., Suite 400
City				State	Zip
Franklin				TN	37067
Phone	Ext	Fax	E-Mail Address
(615) 371 - 8776	2249		kkessler@picagroup.com

Insured Information

Type	First Name		MI	Last Name
Individual	Brian			Mallette
Insurer Type		Street Address of Practice
Licensed		200 So. Harbor City Blvd.
City		State	Zip Code	County
Melbourne		FL	32901	Brevard
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0039687		$250,000		$750,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2692

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Brevard
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
8/8/2008		9/15/2010

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Possible infected left hallux
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
P&A procedure, left hallux
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient¿s presented to insured on 08-04-08 with a possible infection of her left, great toe. On 08-08-08, she underwent a total P&A procedure of the left hallux and, thereafter, had a stormy course.It should be noted that not all of the complications found on this patient occurred at the site of the surgical nail removal. The patient had a dermatitis and relatively large ulceration over the dorsal aspect of her foot which appears to be totally unrelated to the procedure.Our ID expert believes this is an important distinction to be made because many of the complications this patient suffered occurred from this ulcer site and not from the nail surgical site. Between the date of surgery and the final visit of 2/17/09, patient was treated on a regular basis for both the surgical site and the dorsal foot ulceration.It is well documented that the patient was noncompliant and did not pay attention to the instructions to stay off of her foot, soak the site and keep her leg elevated.Furthermore, during the course of treatment a number of antibiotics and topical antiseptics were applied to the foot. By 1/13/09, a culture was taken which was returned as showing MRSA. This should not have been unexpected as the patient had a history of MRSA wound infection dating back to a hip replacement in 2005.Patient was offered intravenous vancomycin but refused at that time. After her final visit with insured, she was seen by numerous specialists for treatment of the large ulceration on the dorsum of her foot.She subsequently went on to a BKA on 09-25-09. She alleges insured failed to diagnose an infection, which led to the amputation. Our ID expert does not believe that the amputation was in any way a result of the nail surgery performed approx. one year before!He stated patient had a chronic dermatitis which frequently ulcerated over the dorsum of her foot, and that many specialists of all types attempted and failed to heal this foot resulting in the BKA.
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
2/1/2011			05-2011-CA-007526
County Suit Filed in			Date of Final Disposition
Brevard			1/2/2014
Other Defendants Involved in this Claim
OMNI Healthcare, Inc.
Stage of Legal System at which Settlement was Reached or Award Made
After court verdict and prior to filing of notice of appeal.
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
Other			Hung jury
Arbitration
Claim not subject to Arbitration.
Date of Payment
1/7/2014

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$65,000

Loss Adjust Expense Paid to Defense Counsel

$373,843

All Other Loss Adjustment Expense Paid

$7,951

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$70,000	$200,000
Wage Loss	$0	$0
Other Expenses	$0	$0

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

None - Specialty Code #80993

Updates

No updates found.

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

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Frequently Asked Questions

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

Dr. BRIAN MALLETTE, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).