Dr. DAVID HALPERN, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. DAVID HALPERN, MD

120 S. Fremont Avenue

Tampa, FL

33606

Hillsborough

Court Case # 03-7805, Div. C

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200851233
Claim Number :	P-03-61-0011
Date Submitted :	10/28/2008

Insurer Information

Insurer Name				Coverage Type
COLUMBIA CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
47-0490411
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	CECILIA			SALA
Street Address
4211 BOYSCOUT BLVD., STE. 160
City				State	Zip
TAMPA				FL	33624
Phone	Ext	Fax	E-Mail Address
(813) 874 - 0768		(813) 874 - 0710	csala@che.org

Insured Information

Type	First Name		MI	Last Name
Individual	David			Halpern
Insurer Type		Street Address of Practice
Licensed		120 S. Fremont Avenue
City		State	Zip Code	County
Tampa		FL	33606	Hillsborough
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
031-0349		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME78789		Surgery - Plastic

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
SAINT JOSEPH'S HOSPITAL		100075
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
12/17/2001		3/24/2003

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient presented with entrapment neuropathy of the common peroneal nerve.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Patient underwent endoscopic fasciotomies and decompression of the common peroneal nerves and associated branches of both lower extremities.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Claim alleges failure to obtain proper testing and localization of level of compression neuropathy prior to surgery and to properly decompress the peroneal nerve.
Principal Injury Giving Rise To The Claim
Patient sustained post-operative mono-neuropathy.
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 Suit			Circuit Court Case Number
8/8/2003			03-7805, Div. C
County Suit Filed in			Date of Final Disposition
Hillsborough			10/14/2008
Other Defendants Involved in this Claim
Tampa Bay Plastic Surgery, 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
10/2/2008

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

$256,112

All Other Loss Adjustment Expense Paid

Injured Person's Total Non-Economic Loss

$500,000

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$75,000	$25,000
Wage Loss	$40,000	$200,000
Other Expenses	$0	$0

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

Defense Counsel discussed case with physician.

Updates

No updates found.

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Court Case # 07-18499/DIV F

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201159904
Claim Number :	2007610587
Date Submitted :	2/15/2011

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

Type	First Name		MI	Last Name
Individual	David		E	Halpern
Insurer Type		Street Address of Practice
Self-Insurer		120 South Fermont Avenue
City		State	Zip Code	County
Tampa		FL	33606	Hillsborough
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
390-4900		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME78789		Surgery - Plastic

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
TAMPA GENERAL HOSPITAL		100128
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
1/30/2007		2/21/2007

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
A 16 year-old male was admitted to Tampa General Hospital for hand surgery.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
During the course of grafting a tendon from the leg, the surgical Resident mistakenly stripped the posterior tibial nerve from the patient's right leg.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
The tibial nerve was repaired but resulted in limited sensation of that leg.
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 Suit			Circuit Court Case Number
1/2/2008			07-18499/DIV F
County Suit Filed in			Date of Final Disposition
Hillsborough			1/11/2011
Other Defendants Involved in this Claim
Tampa Bay Plastic Surger, 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
1/24/2011

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

$83,581

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

Any risk issues identified in this case have been/will be addressed by assigned counsel with insured physician.

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 # 10-000821

Indemnity Paid: $47,500.00

Medical Malpractice Closed Claims Report

Department File Number :	M201160509
Claim Number :	2009-09-200-026
Date Submitted :	4/28/2011

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

Type	First Name		MI	Last Name
Individual	David			Halpern
Insurer Type		Street Address of Practice
Self-Insurer		120 South Fremont Avenue
City		State	Zip Code	County
Tampa		FL	33606	Hillsborough
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
011-2830		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME78789		Surgery - Plastic

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
MEMORIAL HOSPITAL - TAMPA		100206
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
2/16/2009		8/11/2009

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
On 02/16/09 a 29 year-old male was admitted to Memorial Hospital for decompression of medial nerves at bilateral carpal tunnel.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
During follow up visit pt complained of diminishing sensation in middle finger. On 3/16/09 the pt was returned to surgery. Surgical pathology reported that tissue sent from surgery as a portion of dense fibrous tissue containing fragment of nerve.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Pt suffers from median nerve injury of the left hand with resulting diminished sensation and hypersensitivity of the left middle finger.
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 Suit			Circuit Court Case Number
1/21/2010			10-000821
County Suit Filed in			Date of Final Disposition
Pasco			3/10/2010
Other Defendants Involved in this Claim
Tampa Bay Plastic Surgery, 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
3/28/2011

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$47,500

Loss Adjust Expense Paid to Defense Counsel

$19,251

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

Any risk issues identified in this case have been/will be addressed by assigned counsel with insured physician.

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 #

Indemnity Paid: $0.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201887379
Claim Number :	2008-09-200-024
Date Submitted :	12/20/2018

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	Kaye			Monello
Street Address
2985 Drew Street
City				State	Zip
Clearwater				FL	33759
Phone	Ext	Fax	E-Mail Address
(727) 754 - 9268		(727) 519 - 1276	kaye.monello@baycare.org

Insured Information

Type	First Name		MI	Last Name
Individual	David			Halpern
Insurer Type		Street Address of Practice
Self-Insurer		120 S. Fremont Avenue
City		State	Zip Code	County
Tampa		FL	33606	Hillsborough
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
805-5836		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME78789		Surgery - General

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	Hillsborough
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Outpatient Facility
Name of Institution		Code
MEMORIAL HOSPITAL - TAMPA		100206
Location of Institutional Injury		Other Location of Institutional Injury
Other		Hyperbaric Oxygen Therapy
Date of Occurrence		Date Reported to Insurer
10/8/2007		9/17/2008

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
59 yo male with a history of dysphagia resulting from radiation therapy used to treat throat cancer 10 years earlier.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Hyperbaric treatments
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Allegations include development of hearing loss and cataracts caused by the HBO treatments and lack of informed consent that these conditions could result. This case was dismissed and no payment was made on behalf of the group. This is being reported due to legal expenses are greater than $5, 000.
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			1/21/2016
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
No Payment Made
Court Decision			Other
Other			Case Dismissed
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

$33,268

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

Any risk issues were addressed.

Updates

No updates found.

Frequently Asked Questions

Does Dr. DAVID HALPERN, MD have any medical malpractice cases, lawsuits, or complaints?

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

Medical Malpractice Cases