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

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Phycicians Practice Address

Dr. DAVID GAINES, MD

3326 Mary Street Suite 4A

Miami, FL

33133

Dade

Court Case #

Indemnity Paid: $50,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201574698
Claim Number :	315751
Date Submitted :	5/22/2015

Insurer Information

Insurer Name				Coverage Type
DOCTORS COMPANY, AN INTERINSURANCE EXCHANGE (THE)				Primary
Insurer FEIN		Professional License Number
95-3014772
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Kelly			Andrews
Street Address
12724 Gran Bay Parkway W., Suite 400
City				State	Zip
Jacksonville				FL	32258
Phone	Ext	Fax	E-Mail Address
(904) 360 - 3038			kandrews@thedoctors.com

Insured Information

Type	First Name		MI	Last Name
Individual	David			Gaines
Insurer Type		Street Address of Practice
Licensed		7554 SW 95th Place
City		State	Zip Code	County
Miami		FL	33173	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
0907867		$250,000		$750,000
Profession or Business			Other Profession or Business
Dentistry
License Number		Specialty Code & Classification		Certification Number
DN5708		Dentists

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	Hillsborough
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
8/10/2013		2/28/2014

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Missing teeth.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Preparation of teeth for cantilever bridge.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient dissatisfaction with dental work.
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			5/12/2015
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 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?

Yes

Indemnity Paid by Insurer on behalf of Insured

$50,000

Loss Adjust Expense Paid to Defense Counsel

$5,413

All Other Loss Adjustment Expense Paid

$2,668

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

Insurance company staff consulted with insured to discuss preventative measures. Patient Safety referral is made if appropriate.

Updates

No updates found.

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

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Court Case # 07-7045-CA-06

Indemnity Paid: $23,500.00

Medical Malpractice Closed Claims Report

Department File Number :	M200848264
Claim Number :	7001751
Date Submitted :	1/17/2008

Insurer Information

Insurer Name				Coverage Type
FORTRESS INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
36-4159841
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Patricia			Schrepfer
Street Address
6133 N. River Road
City				State	Zip
Rosemont				IL	60018
Phone	Ext	Fax	E-Mail Address
(847) 653 - 8740			Patricia.schrepfer@fortressins.com

Insured Information

Type	First Name		MI	Last Name
Individual	David			Gaines
Insurer Type		Street Address of Practice
Licensed		3326 Mary Street Suite 4A
City		State	Zip Code	County
Miami		FL	33133	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
38390		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Dentistry
License Number		Specialty Code & Classification		Certification Number
DN5708		Dentists

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Dade
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
Operating Suite
Date of Occurrence		Date Reported to Insurer
5/17/2006		10/16/2006

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient presented with fixed bridges on teeth #'s 6 to 11 and #'s 21 to 27. Patient sought new partial dentures because present ones were loose.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Insured took impressions for new upper and lower partial dentures. Insured attempted to fit patient with new partial dentures.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient alleging Insured damaged the permanent clasps on existing bridge resulting in bridge no longer being able to support partial.
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
3/12/2007			07-7045-CA-06
County Suit Filed in			Date of Final Disposition
Dade			9/25/2007
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
9/25/2007

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$23,500

Loss Adjust Expense Paid to Defense Counsel

$19,571

All Other Loss Adjustment Expense Paid

$2,912

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

Risk Management courses taken.

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 GAINES, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. DAVID GAINES, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases