Medical Malpractice Cases

Dr. DANIEL S DIACO, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address
Dr. DANIEL S DIACO, MD
4700 N. Habana Ave, Suite 400
US

Court Case # 04-00670

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200536197
Claim Number :125972
Date Submitted :8/1/2005
 
Insurer Information
 
Insurer NameCoverage Type
PROASSURANCE CASUALTY COMPANYPrimary
Insurer FEINProfessional License Number
38-2317569 
Insurer Contact Information
TypeEntity Name
EntityProNational Insurance Company
Street Address
13919 Carrollwood Village Run
CityStateZip
TampaFL33618
PhoneExtFaxE-Mail Address
(813) 969 - 2010 (813) 969 - 2120SNorris@ProAssurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualDanielSDiaco
Insurer TypeStreet Address of Practice
Licensed4700 N. Habana Ave, Suite 400
CityStateZip CodeCounty
TampaFL33614Hillsborough
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
MP37932$500,000$1,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME69878Surgery - Plastic00000

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FHillsborough
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Outpatient Facility 
Name of InstitutionCode
SAINT JOSEPH'S HOSPITAL100075
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
1/9/20029/22/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Medial thigh lift.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Medial thigh lift.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis.
Principal Injury Giving Rise To The Claim
The plaintiff alleged that the medial thigh lift was not properly performed and resulted in scarring and tethering in the perineal region.The surgery, however, was performed as the plaintiff, who is a nurse, requested.
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
1/22/200404-00670
County Suit Filed inDate of Final Disposition
Hillsborough6/2/2005
Other Defendants Involved in this Claim
Daniel S. Diaco, M.D., P.A.
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
7/5/2005
 
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$30,688
All Other Loss Adjustment Expense Paid$11,502
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$800$10,000
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
 
No updates found.

 

 

This page is not displaying certain sensitive information.

Court Case #

Indemnity Paid: $250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201783917
Claim Number : 2017-09-200-011
Date Submitted : 12/28/2017
 
Insurer Information
 
Insurer Name Coverage Type
BayCare Health System Primary
Insurer FEIN Professional License Number
59-279696  
Insurer Contact Information
Type First Name MI Last Name
Individual Jessica   Hayden
Street Address
2985 Drew Street
City State Zip
Clearwater FL 33764
Phone Ext Fax E-Mail Address
(727) 519 - 1268     jessica.hayden@baycare.org
 
Insured Information
 
TypeFirst NameMILast Name
IndividualDaniel Diaco
Insurer TypeStreet Address of Practice
Self-Insurer300 S Hyde Park Avenue
CityStateZip CodeCounty
TampaFL33606Hillsborough
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
120-73-194$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME69878Surgery - Plastic 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FHillsborough
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilityTampa Outpatient Surgery Center
Name of InstitutionCode
N/A000000
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
1/30/20178/18/2017
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
On January 25, 2017, Debra Shelby, age 47 (d.o.b. 6/5/69), presented to Dr. Diaco at Diaco Institute of Plastic Surgery for evaluation for liposuction.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
On January 26, 2017, Ms. Shelby presented to Tampa Outpatient Surgery to undergo liposuction of the abdomen, flanks, back, superior gluteal and pubis by Dr. Diaco.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Plaintiff alleged Dr. Diaco punctured her liver during liposuction surgery. None of the post-operative diagnostic studies showed evidence of a frank puncture, but there was evidence of bruising. The patient went to the ER and spent the weekend in the hospital, but did not appear to have any permanent liver injury. The allegations were denied by Dr. Diaco.
Severity Of Injury
Temporary: Major - Burns, surgical material left, drug side effect, brain damage. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
 *NR
County Suit Filed inDate of Final Disposition
*NR12/19/2017
Other Defendants Involved in this Claim
 
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
12/19/2017
 
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$3,918
All Other Loss Adjustment Expense Paid$0
Injured Person's Total Non-Economic Loss$0
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
Any risk issues have been/will be addressed.
 
Updates
 
No updates found.

 

 

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

This page is not displaying certain sensitive information.

Court Case # 14-CA-1660

Indemnity Paid: $125,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201574547
Claim Number : 2013-09-200-024
Date Submitted : 5/7/2015
 
Insurer Information
 
Insurer Name Coverage Type
LEXINGTON INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
25-114949  
Insurer Contact Information
Type First Name MI Last Name
Individual Amy A Villareal
Street Address
16255 Bay Vista Drive
City State Zip
Tampa FL 33760
Phone Ext Fax E-Mail Address
(727) 519 - 1274     amy.villareal@baycare.org
 
Insured Information
 
TypeFirst NameMILast Name
IndividualDaniel Diaco
Insurer TypeStreet Address of Practice
Self-Insurer2835 W. De Leon St.
CityStateZip CodeCounty
TampaFL33609Hillsborough
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
112-31-715$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME69878Surgery - Plastic 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FHillsborough
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other LocationSurgery Center
Name of InstitutionCode
N/A000000
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
1/19/201211/5/2013
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Alleged Brachial Plexopathy injury following bilateral breast implant exchange.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged improper approach to a bilateral breast implant exchange which allegedly resulted in a brachial plexopathy of the R upper forearm.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Nerve injury.
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 SuitCircuit Court Case Number
2/14/201414-CA-1660
County Suit Filed inDate of Final Disposition
Hillsborough4/7/2015
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
4/7/2015
 
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$29,072
All Other Loss Adjustment Expense Paid$0
Injured Person's Total Non-Economic Loss$0
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
Any risk issues have been/will be addressed.
 
Updates
 
No updates found.

 

 

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

This page is not displaying certain sensitive information.

Frequently Asked Questions

Does Dr. DANIEL S DIACO, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. DANIEL S DIACO, MD has at least 3 medical malpractice case(s), lawsuit(s), or complaint(s).

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