Dr. DARYL D WIER, MD Medical Malpractice Cases, Lawsuits, and Complaints

Add Your Comments

Phycicians Practice Address

Dr. DARYL D WIER, MD

1802 Bellevue Avenue, Suite 102

Orlando, FL

32806

Orange

Court Case # 2007 CA 2184

Indemnity Paid: $175,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200747710
Claim Number :	05-0055
Date Submitted :	11/21/2007

Insurer Information

Insurer Name				Coverage Type
PHYSICIANS PROFESSIONAL LIABILITY RISK RETENTION GROUP, INC.				Primary
Insurer FEIN		Professional License Number
33-1010508
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Jack			Heda
Street Address
1851 NW 125th Avenue, Suite 339
City				State	Zip
Pembroke Pines				FL	33028
Phone	Ext	Fax	E-Mail Address
(954) 985 - 1165		(954) 212 - 0178	PPLRRG@bellsouth.net

Insured Information

Type	First Name		MI	Last Name
Individual	Daryl		D	Wier
Insurer Type		Street Address of Practice
Licensed		1802 Bellevue Avenue, Suite 102
City		State	Zip Code	County
Orlando		FL	32806	Orange
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
102086		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME44599		Surgery - General

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 Inpatient 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
1/13/2005		9/6/2005

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
On January 13, 2004, Dr. Wierrecommended the patient to undergo surgical procedure for gastric outlet obstruction due to duodenal ulcer. Dr. Wier performed a laparoscopic vagotomy that was converted to an open hemigastrectomy and billroth II reconstruction.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
On 1/3/04 Dr. Wier made every effort possible to seal the duodenal stump during the procedure. The stump was oversewn with 3 layers of sutures and then sealed with bioglue to make sure there were no leakage.He also installed a Blake drain which was left in the abdomen to remove any subsequent drainage from the abdomen. On 1/20: patient was taken back to surgery for a worst case differential of aduodenal stump blowout. Dr. Wier found that the duodenal stump was intact with no leak. Had there been a leak the golden-brown bile would have been visible. It was possible a pinhole leak that was too small to see and too small to repair could be there so a larger drain was left to remove biliary drainage. On 2/2 patient was discharged with the drain in place. On 2/5 office visit there was some golden-brown bile but the amount was not unusual or troubling. On 2/9 patient visited the office and claimed the drain fell out on 2/6 so Dr. Wier elected not to invasively replace the drain. On 3/23 a third surgery was performed to release adhesions/scar tissue that was causing a small bowel obstruction. On 3/20 patient demanded to be discharged because he needed to return to work. His last office visit was on 6/3 at which time patient was still on meds but otherwise doing well.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
On 1/3/04 Dr. Wier made every effort possible to seal the duodenal stump during the procedure. The stump was oversewn with 3 layers of sutures and then sealed with bioglue to make sure there were no leakage.He also installed a Blake drain which was left in the abdomen to remove any subsequent drainage from the abdomen. On 1/20: patient was taken back to surgery for a worst case differential of aduodenal stump blowout. Dr. Wier found that the duodenal stump was intact with no leak. Had there been a leak the golden-brown bile would have been visible. It was possible a pinhole leak that was too small to see and too small to repair could be there so a larger drain was left to remove biliary drainage. On 2/2 patient was discharged with the drain in place. On 2/5 office visit there was some golden-brown bile but the amount was not unusual or troubling. On 2/9 patient visited the office and claimed the drain fell out on 2/6 so Dr. Wier elected not to invasively replace the drain. On 3/23 a third surgery was performed to release adhesions/scar tissue that was causing a small bowel obstruction. On 3/20 patient demanded to be discharged because he needed to return to work. His last office visit was on 6/3 at which time patient was still on meds but otherwise doing well.
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
3/2/2007			2007 CA 2184
County Suit Filed in			Date of Final Disposition
Orange			10/26/2007
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
10/30/2007

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$175,000

Loss Adjust Expense Paid to Defense Counsel

$30,904

All Other Loss Adjustment Expense Paid

Injured Person's Total Non-Economic Loss

$400,000

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$145,362	$20,000
Wage Loss	$20,000	$35,000
Other Expenses	$2,500	$0

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

N/A

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. DARYL D WIER, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. DARYL D WIER, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).