Dr. DAVID C BROWN, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. DAVID C BROWN, MD

4101 Evans Ave

Fort Myers, FL

33901

Lee

Court Case # 15-CA-001046

Indemnity Paid: $262,500.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201677469
Claim Number :	1021641-01
Date Submitted :	2/21/2017

Insurer Information

Insurer Name				Coverage Type
MEDICAL PROTECTIVE COMPANY (THE)				Primary
Insurer FEIN		Professional License Number
35-0506406
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Lynn			Louthan
Street Address
5814 Reed Road
City				State	Zip
Ft Wayne				IN	46835
Phone	Ext	Fax	E-Mail Address
(260) 486 - 0778			reportaclaim@medpro.com

Insured Information

Type	First Name		MI	Last Name
Individual	DAVID		C	BROWN
Insurer Type		Street Address of Practice
Licensed		4101 Evans Avenue
City		State	Zip Code	County
Fort Myers		FL	33901	Lee
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
619315		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME11076		Ophthalmology - 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	Lee
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Outpatient Facility		Surgicare Center @ Eye Centers of FL
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
5/1/2013		9/24/2013

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Cataracts
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Cataract extraction
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Improper treatment
Principal Injury Giving Rise To The Claim
Stroke of optic nerve
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
4/23/2015			15-CA-001046
County Suit Filed in			Date of Final Disposition
Lee			2/25/2016
Other Defendants Involved in this Claim
Eye Centers of Florida PA Surgicare Center Inc
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
2/24/2016

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$262,500

Loss Adjust Expense Paid to Defense Counsel

$17,861

All Other Loss Adjustment Expense Paid

$7,364

Injured Person's Total Non-Economic Loss

$237,500

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

N/A

Updates

Date of Change:

8/11/2016 10:51:42 AM

Reason for Change:

ALE UPDATED 8/11/2016

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	6039	7352
Amount of Loss Adjustment Expense Paid to Defense Counsel	13714	17846

Date of Change:

2/21/2017 10:44:17 AM

Reason for Change:

ALE UPDATE 2/21/2017

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	7352	7364
Amount of Loss Adjustment Expense Paid to Defense Counsel	17846	17861

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Court Case # 2019-CA-04890

Indemnity Paid: $200,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M202092893
Claim Number :	1073856-01
Date Submitted :	6/29/2020

Insurer Information

Insurer Name				Coverage Type
MEDICAL PROTECTIVE COMPANY (THE)				Primary
Insurer FEIN		Professional License Number
35-0506406
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Lynn			Louthan
Street Address
5814 Reed Road
City				State	Zip
Ft Wayne				IN	46835
Phone	Ext	Fax	E-Mail Address
(260) 486 - 0778			reportaclaim@medpro.com

Insured Information

Type	First Name		MI	Last Name
Individual	DAVID		C	BROWN
Insurer Type		Street Address of Practice
Licensed		4101 Evans Ave
City		State	Zip Code	County
Fort Myers		FL	33901	Lee
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
619315		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME11076		Surgery - Opthalmology

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	Lee
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
6/21/2018		3/7/2019

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
cataract
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
cataract surgery
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
failure to timely diagnose & treat complications of a cataract removal procedure
Principal Injury Giving Rise To The Claim
developed endophthalmitis which led to enucleation of right eye
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
7/31/2019			2019-CA-04890
County Suit Filed in			Date of Final Disposition
Lee			6/11/2020
Other Defendants Involved in this Claim
Eye Centers of Florida PA Spencer OD, Michael
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
6/10/2020

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$200,000

Loss Adjust Expense Paid to Defense Counsel

$9,788

All Other Loss Adjustment Expense Paid

$4,674

Injured Person's Total Non-Economic Loss

$150,000

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

n/a

Updates

No updates found.

Court Case #

Indemnity Paid: $0.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201575543
Claim Number :	1021081-01
Date Submitted :	8/17/2017

Insurer Information

Insurer Name				Coverage Type
MEDICAL PROTECTIVE COMPANY (THE)				Primary
Insurer FEIN		Professional License Number
35-0506406
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Lynn			Louthan
Street Address
5814 Reed Road
City				State	Zip
Ft Wayne				IN	46835
Phone	Ext	Fax	E-Mail Address
(260) 486 - 0778			reportaclaim@medpro.com

Insured Information

Type	First Name		MI	Last Name
Individual	DAVID		C	BROWN
Insurer Type		Street Address of Practice
Licensed		4101 Evans Ave
City		State	Zip Code	County
Fort Myers		FL	33901	Lee
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
619315		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME11076		Ophthalmology - 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
			F	Lee
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
9/11/2013		9/9/2014

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Cataracts
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Cataract extraction with placement of lens
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Wrong lens used; implanted outside eye bag
Principal Injury Giving Rise To The Claim
Additional procedures; pain and suffering; blurry vision
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
			*NR
County Suit Filed in			Date of Final Disposition
*NR			1/17/2017
Other Defendants Involved in this Claim
Eye Centers of Florida PA
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
Dropped before Action Filed
Court Decision			Other
Other			Not Pursued
Arbitration
Claim not subject to Arbitration.
Date of Payment

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Indemnity Paid by Insurer on behalf of Insured

Loss Adjust Expense Paid to Defense Counsel

$3,796

All Other Loss Adjustment Expense Paid

$4,296

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

N/A

Updates

Date of Change:

2/1/2017 10:32:51 AM

Reason for Change:

Claim was reopened and is now closing again

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	0	6556
Amount of Loss Adjustment Expense Paid to Defense Counsel	0	3760
Date of Final Disposition	08-JUL-15	17-JAN-17

Date of Change:

8/17/2017 2:49:36 PM

Reason for Change:

ALE UPDATE 8/17/2017

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	6556	2797
Amount of Loss Adjustment Expense Paid to Defense Counsel	3760	3796

Date of Change:

8/17/2017 2:54:57 PM

Reason for Change:

ALE UPDATE corrected 8/17/2017

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	2797	4296

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

This page is not displaying certain sensitive information.

Court Case #

Indemnity Paid: $0.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201886959
Claim Number :	1067277-01
Date Submitted :	11/9/2018

Insurer Information

Insurer Name				Coverage Type
MEDICAL PROTECTIVE COMPANY (THE)				Primary
Insurer FEIN		Professional License Number
35-0506406
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Lynn			Louthan
Street Address
5814 Reed Road
City				State	Zip
Ft Wayne				IN	46835
Phone	Ext	Fax	E-Mail Address
(260) 486 - 0778			reportaclaim@medpro.com

Insured Information

Type	First Name		MI	Last Name
Individual	DAVID		C	BROWN
Insurer Type		Street Address of Practice
Licensed		4101 Evans Ave
City		State	Zip Code	County
Fort Myers		FL	33901	Lee
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
619315		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME11076		Surgery - Opthalmology

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	Lee
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
10/20/2016		3/24/2018

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Blurry vision
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
cataract surgery, Yag laser both eyes
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
misrepresenting multi-focal lens
Principal Injury Giving Rise To The Claim
good results
Severity Of Injury
Temporary: Slight - Lacerations, contusions, minor scars, rash. No delay.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
			*NR
County Suit Filed in			Date of Final Disposition
*NR			11/9/2018
Other Defendants Involved in this Claim
Eye Centers of Florida PA
Stage of Legal System at which Settlement was Reached or Award Made
After arbitration is initiated or prior to suit being filed.
Final Method of Claim Disposition
No Payment Made
Court Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Indemnity Paid by Insurer on behalf of Insured

Loss Adjust Expense Paid to Defense Counsel

All Other Loss Adjustment Expense Paid

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

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. DAVID C BROWN, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. DAVID C BROWN, MD has at least 4 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases