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

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Phycicians Practice Address

Dr. DAVID M KLEIN, MD

1600 Tamiami Trail, Suite 101

Port Charlotte, FL

33948

Charlotte

Court Case # 07-309CA

Indemnity Paid: $112,500.00

Medical Malpractice Closed Claims Report

Department File Number :	M200952321
Claim Number :	145582
Date Submitted :	9/15/2009

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type		Entity Name
Entity		PROASSURANCE CASUALTY COMPANY
Street Address
13919 Carrollwood Village Run
City				State	Zip
Tampa				FL	33618
Phone	Ext	Fax	E-Mail Address
(813) 969 - 2010		(813) 969 - 2120	SNorris@ProAssurance.com

Insured Information

Type	First Name		MI	Last Name
Individual	David		M	Klein
Insurer Type		Street Address of Practice
Licensed		1600 Tamiami Trail, Suite 101
City		State	Zip Code	County
Port Charlotte		FL	33948	Charlotte
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP37508		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME34395		Surgery - Opthalmology		00000

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Charlotte
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
FAWCETT MEMORIAL HOSPITAL		100236
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
8/5/2004		9/12/2006

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Cataract of right eye.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Extracapsular cataract extraction (ECCE).
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis.
Principal Injury Giving Rise To The Claim
Photophobia, decreased vision in right eye, loss of peripheral vision.
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
2/20/2007			07-309CA
County Suit Filed in			Date of Final Disposition
Charlotte			1/9/2009
Other Defendants Involved in this Claim
David M. Klein, M.D. Ophthalmologist, P.A.
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
1/13/2009

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$112,500

Loss Adjust Expense Paid to Defense Counsel

$32,870

All Other Loss Adjustment Expense Paid

$10,739

Injured Person's Total Non-Economic Loss

$112,500

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

Insured has discussed case with insurance company personnel, medical experts and defense counsel.

Updates

Date of Change:

9/15/2009 1:33:50 PM

Reason for Change:

Report updated to reflect additional legal fees and expenses paid.

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	28015	32870
All Other Loss Adjustment Expense Paid	10072	10739

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Court Case # 14-001071-CA

Indemnity Paid: $90,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201676863
Claim Number :	191879
Date Submitted :	4/11/2017

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Denise			Stokes
Street Address
100 Brookwood Place
City				State	Zip
Birmingham				AL	35209
Phone	Ext	Fax	E-Mail Address
(205) 802 - 4790			dstokes@proassurance.com

Insured Information

Type	First Name		MI	Last Name
Individual	David		M	Klein
Insurer Type		Street Address of Practice
Licensed		1600 Tamiami Trail, Suite 102
City		State	Zip Code	County
Port Charlotte		FL	33948	Charlotte
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP37508		$100,000		$1,500,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME34395		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	Charlotte
City			State	Zip Code

Location where injury occured		Other location where injury occured
Physician's Office
Name of Institution		Code
N/A		000000
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
9/22/2011		1/3/2014

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Cataract, left eye
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Extracapsular Cataract Extraction
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis was made
Principal Injury Giving Rise To The Claim
Decreased visual acuity
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
7/21/2014			14-001071-CA
County Suit Filed in			Date of Final Disposition
Charlotte			1/8/2016
Other Defendants Involved in this Claim
David M Klein MD, Opthamologist, PA
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
1/18/2016

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$90,000

Loss Adjust Expense Paid to Defense Counsel

$37,662

All Other Loss Adjustment Expense Paid

$5,145

Injured Person's Total Non-Economic Loss

$90,000

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

Insured discussed case with defense counsel, insurance personnel, and medical experts.

Updates

Date of Change:

5/5/2016 3:54:46 PM

Reason for Change:

Updated closed claim with indemnity amount and loss adjustment information.

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	0	5129
Indemnity Paid	0	90000
Injured Person Total Non-Economic Loss	0	90000
Settlement Reached	0	1
Amount of Loss Adjustment Expense Paid to Defense Counsel	0	36941

Date of Change:

6/2/2016 3:02:37 PM

Reason for Change:

updated ALAE amounts

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	5129	5145
Amount of Loss Adjustment Expense Paid to Defense Counsel	36941	37385

Date of Change:

7/13/2016 5:39:11 PM

Reason for Change:

updated ALAE amounts

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	37385	37588

Date of Change:

4/11/2017 10:11:17 AM

Reason for Change:

updated ALAE information

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	37588	37662

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Frequently Asked Questions

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

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

Medical Malpractice Cases