Dr. DAVID M EPSTEIN, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. DAVID M EPSTEIN, MD

10150 HIGHLAND MANOR DRIVE, SUITE 200

TAMPA, FL

33610

Hillsborough

Court Case # 02 08595

Indemnity Paid: $100,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200432993
Claim Number :	40-006011
Date Submitted :	9/28/2004

Insurer Information

Insurer Name				Coverage Type
TRUCK INSURANCE EXCHANGE				Primary
Insurer FEIN		Professional License Number
95-2575892
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Heidi			Tam
Street Address
4601 Wilshire Blvd., Suite 100
City				State	Zip
Los Angeles				CA	90010
Phone	Ext	Fax	E-Mail Address
(323) 930 - 7078			heidi.tam@farmersinsurance.com

Insured Information

Type	First Name		MI	Last Name
Individual	DAVID		M	EPSTEIN
Insurer Type		Street Address of Practice
Licensed		10150 HIGHLAND MANOR DRIVE, SUITE 200
City		State	Zip Code	County
TAMPA		FL	33610	Hillsborough
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
0117776130000 0011		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME77135		Radiology - Diagnostic - Minor Surgery

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
Hospital Inpatient Facility
Name of Institution		Code
BRANDON REGIONAL HOSPITAL		100243
Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
1/3/2000		1/12/2001

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
UPON REVIEW OF THE X-RAY, REVEALED THAT NO NEEDLE TIP WAS SEEN BUT THERE APPEARED TO BE A SURGICAL TOWEL OR GAUZE IN THE ABDOMEN,BUT IT COULD NOT BE DETERMINED WHETHER IT WAS INTRINSIC OR EXTRINSIC TO THE PATIENT. X-RAY RESULTS WERE NEGATIVE, BUT NONE OF THE RECORDS REFER TO A RETAINED SURGICAL TOWEL, SPONGE OR GAUZE.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
THE PATIENT WAS PRESENTED TO BRANDON REGIONAL HOSPITAL TO UNDERGO VAGINAL DELIVERY. DUE TO HER INABILITY TO DELIVER HER BABY BAGINALLY, THE PATIENT UNDERWENT A PRIMARY LOW CIRVICAL TRANSVERSE CESAREAN SECTION. FOLLOWING THE DELIVERY, WHILE THE UTERUS WAS BEING STITCHED, IT WAS NOTED THAT THE TIP OF THE NEEDLE SEEMED TO BE BLUNTED. A SEARCH WAS DONE TO FIND THE TIP OF THE NEEDLE. WHICH PROVED UNSUCCESSFUL. AN X-RAY WAS ORDERED.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
UPON REVIEW OF THE X-RAY, REVEALED THAT NO NEEDLE TIP WAS SEEN BUT THERE APPEARED TO BE A SURGICAL TOWEL OR GAUZE IN THE ABDOMEN, BUT IT COULD NOT BE DETERMINED WHETHER IT WAS INTRINSIC OR EXTRINSIC TO THE PATIENT. X-RAY RESULTS WERE NEGATIVE, BUT NONE OF THE RECORDS REFER TO A RETAINED SURGICAL TOWEL, SPONGE OR GAUZE.
Principal Injury Giving Rise To The Claim
ALLEGE FAILURE TO NOTIFY SURGICAL TEAM OF PRESENCE OF A LAP SPONGE/TOWEL.
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
10/7/2002			02 08595
County Suit Filed in			Date of Final Disposition
Hillsborough			9/20/2004
Other Defendants Involved in this Claim
FISHER, LARA ZYLMAN, PATRICIA M INSIGNIA CARE FOR WOMEN, P.A. BRANDON REGIONAL HOSPITAL TEAM PHYSICIANS OF FLORIDA
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
9/24/2004

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$100,000

Loss Adjust Expense Paid to Defense Counsel

$70,443

All Other Loss Adjustment Expense Paid

$10,078

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$12,377	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

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

THIS IS A RISK MANAGEMENT ISSUE. THERE ARE NO RISK MANAGEMENT SERVICES AVAILABLE TO THE INSURED.

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Frequently Asked Questions

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

Dr. DAVID M EPSTEIN, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).