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

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Phycicians Practice Address

Dr. DAVID MILLER, MD

1720 S Orange Avenue

Orlando, FL

32806

Orange

Summary

This case involves Dr. David Miller, MD, and describes a medical malpractice case where a $200,000 indemnity was paid due to a claim involving the death of a patient after surgery. The patient, initially presenting with abdominal pain and vomiting, was misdiagnosed with constipation despite a history of bowel obstruction. A later CT scan revealed a non-obstructive bowel gas pattern, leading to surgery where an adhesion was found. Despite surgical intervention, the patient died of sepsis. The defense argued Dr. Miller met the standard of care, but a settlement was reached pre-suit.

The patient a child, who was brought to the emergency room (ER) by his mother on 09/24/16 with complaints of abdominal pain and vomiting. Initial abdominal X-rays did not show any evidence of obstruction, leading Dr. David Miller to diagnose the issue as constipation and excess stool. However, a subsequent CT scan on 09/25/16 revealed a non-obstructive bowel gas pattern and a distended bowel loop, suggesting a possible adhesion. During surgery, Dr. Miller identified and corrected an adhesion in the intestine, but despite initial improvement, the patient suffered a second acute event, underwent further surgery, and ultimately died from sepsis.

The plaintiffs in the case allege that Dr. Miller failed to adequately intervene on the initial visit, did not order a CT scan timely, and misdiagnosed the patient's condition as constipation despite a history of previous bowel obstruction. They suggest that these failures contributed to the patient's death. In contrast, the defense asserts that Dr. Miller met the standard of care, arguing that the initial X-rays did not indicate a need for immediate surgical intervention and that the diagnosis of constipation was reasonable based on the available radiographic evidence. They also note that the volvulus from an adhesion, found during surgery, was not apparent from the initial radiographic studies, implying that earlier intervention was not clearly indicated by the diagnostic tests.

Court Case #

Indemnity Paid: $200,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number : M201887046
Claim Number : CLW0002066
Date Submitted : 11/16/2018

Insurer Information

Insurer Name Coverage Type
NORCAL MUTUAL INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
94-2301054
Insurer Contact Information
Type First Name MI Last Name
Individual Richard Petersen
Street Address
4651 Salisbury Rd. #410
City State Zip
Jacksonville FL 32256
Phone Ext Fax E-Mail Address
(904) 309 - 8142 (904) 394 - 7134 rpetersen@norcal-group.com

Insured Information

Type First Name MI Last Name
Individual David Miller
Insurer Type Street Address of Practice
Licensed 1720 S Orange Avenue
City State Zip Code County
Orlando FL 32806 Orange
Policy Number Per Claim Policy Limits Aggregate Policy Limits
722475N $250,000 $750,000
Profession or Business Other Profession or Business
Medical Doctor
License Number Specialty Code & Classification Certification Number
ME40941 Surgery - Orthopedic
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 Orange
City State Zip Code

Location where injury occured Other location where injury occured
Hospital Inpatient Facility
Name of Institution Code
ARNOLD PALMER HOSPITAL 120001
Location of Institutional Injury Other Location of Institutional Injury
Operating Suite
Date of Occurrence Date Reported to Insurer
9/24/2016 7/19/2018

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
On or about 09/24/16, the patient was taken to the ER by his mother w complaints of abdominal pain and vomiting. Abdominal X-rays showed no evidence for dilated small bowel or free air. Dr. David Miller was consulted & he noted no surgical concern supported by radiographic studies did not show an obstruction. At that time, the thought was that the child suffered from excess stool and constipation.Early the next morning on 09/25/16, a CT of the abdomen showed non-obstructive bowel gas pattern and a distended bowel loop across the left upper abdomen may reflect air in the transverse colon, no other free air on this limited supine view. The patient was transported to the OR where Dr. Miller noted an "adhesion to the intestine." Dr. Miller corrected the problem and noted that the child's lab values had improved. Dr. Miller intended to leave the surgery site open for 12-24 hours and take a 2nd observation when a second acute event occurred. Dr. Miller attempted additional surgery when Emmanuel expired. An autopsy was performed with the cause of death "sepsis."The plaintiffs allege that Dr. Miller failed to intervene on 09/24/16, failed to order a CT Scan, and made a faulty diagnosis of "constipation" in light of the history of previous bowel obstruction.However, the defense standard of expert found that Dr. Miller met the standard of care and opined that the x-ray did not show air fluid levels and suggested constipation. In retrospect, the child was found to have a volvulus from an adhesion but disagreed with Plaintiffs" contention that anything from the radiographic studies suggested that there should have been earlier intervention.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
On or about 09/24/16, the patient was taken to the ER by his mother w complaints of abdominal pain and vomiting. Abdominal X-rays showed no evidence for dilated small bowel or free air. Dr. David Miller was consulted & he noted no surgical concern supported by radiographic studies did not show an obstruction. At that time, the thought was that the child suffered from excess stool and constipation.Early the next morning on 09/25/16, a CT of the abdomen showed non-obstructive bowel gas pattern and a distended bowel loop across the left upper abdomen may reflect air in the transverse colon, no other free air on this limited supine view. The patient was transported to the OR where Dr. Miller noted an "adhesion to the intestine." Dr. Miller corrected the problem and noted that the child's lab values had improved. Dr. Miller intended to leave the surgery site open for 12-24 hours and take a 2nd observation when a second acute event occurred. Dr. Miller attempted additional surgery when Emmanuel expired. An autopsy was performed with the cause of death "sepsis."The plaintiffs allege that Dr. Miller failed to intervene on 09/24/16, failed to order a CT Scan, and made a faulty diagnosis of "constipation" in light of the history of previous bowel obstruction.However, the defense standard of expert found that Dr. Miller met the standard of care and opined that the x-ray did not show air fluid levels and suggested constipation. In retrospect, the child was found to have a volvulus from an adhesion but disagreed with Plaintiffs" contention that anything from the radiographic studies suggested that there should have been earlier intervention.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
NR
Principal Injury Giving Rise To The Claim
On or about 09/24/16, the patient was taken to the ER by his mother w complaints of abdominal pain and vomiting. Abdominal X-rays showed no evidence for dilated small bowel or free air. Dr. David Miller was consulted & he noted no surgical concern supported by radiographic studies did not show an obstruction. At that time, the thought was that the child suffered from excess stool and constipation.Early the next morning on 09/25/16, a CT of the abdomen showed non-obstructive bowel gas pattern and a distended bowel loop across the left upper abdomen may reflect air in the transverse colon, no other free air on this limited supine view. The patient was transported to the OR where Dr. Miller noted an "adhesion to the intestine." Dr. Miller corrected the problem and noted that the child's lab values had improved. Dr. Miller intended to leave the surgery site open for 12-24 hours and take a 2nd observation when a second acute event occurred. Dr. Miller attempted additional surgery when Emmanuel expired. An autopsy was performed with the cause of death "sepsis."The plaintiffs allege that Dr. Miller failed to intervene on 09/24/16, failed to order a CT Scan, and made a faulty diagnosis of "constipation" in light of the history of previous bowel obstruction.However, the defense standard of expert found that Dr. Miller met the standard of care and opined that the x-ray did not show air fluid levels and suggested constipation. In retrospect, the child was found to have a volvulus from an adhesion but disagreed with Plaintiffs" contention that anything from the radiographic studies suggested that there should have been earlier intervention.
Severity Of Injury
Permanent: Death.
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 11/16/2018
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
11/5/2018

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 $10,618
All Other Loss Adjustment Expense Paid $0
Injured Person's Total Non-Economic Loss $0
Deductible $0
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
The facts of the claim were discussed with the insured and risk management.

Updates

No updates found.

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

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

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

Department File Number :	M201887046
Claim Number :	CLW0002066
Date Submitted :	11/16/2018

Insurer Information

Insurer Name				Coverage Type
NORCAL MUTUAL INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
94-2301054
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Richard			Petersen
Street Address
4651 Salisbury Rd. #410
City				State	Zip
Jacksonville				FL	32256
Phone	Ext	Fax	E-Mail Address
(904) 309 - 8142		(904) 394 - 7134	rpetersen@norcal-group.com

Insured Information

Type	First Name		MI	Last Name
Individual	David			Miller
Insurer Type		Street Address of Practice
Licensed		1720 S Orange Avenue
City		State	Zip Code	County
Orlando		FL	32806	Orange
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
722475N		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME40941		Surgery - Orthopedic

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
ARNOLD PALMER HOSPITAL		120001
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
9/24/2016		7/19/2018

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
On or about 09/24/16, the patient was taken to the ER by his mother w complaints of abdominal pain and vomiting. Abdominal X-rays showed no evidence for dilated small bowel or free air. Dr. David Miller was consulted & he noted no surgical concern supported by radiographic studies did not show an obstruction. At that time, the thought was that the child suffered from excess stool and constipation.Early the next morning on 09/25/16, a CT of the abdomen showed non-obstructive bowel gas pattern and a distended bowel loop across the left upper abdomen may reflect air in the transverse colon, no other free air on this limited supine view. The patient was transported to the OR where Dr. Miller noted an "adhesion to the intestine." Dr. Miller corrected the problem and noted that the child's lab values had improved. Dr. Miller intended to leave the surgery site open for 12-24 hours and take a 2nd observation when a second acute event occurred. Dr. Miller attempted additional surgery when Emmanuel expired. An autopsy was performed with the cause of death "sepsis."The plaintiffs allege that Dr. Miller failed to intervene on 09/24/16, failed to order a CT Scan, and made a faulty diagnosis of "constipation" in light of the history of previous bowel obstruction.However, the defense standard of expert found that Dr. Miller met the standard of care and opined that the x-ray did not show air fluid levels and suggested constipation. In retrospect, the child was found to have a volvulus from an adhesion but disagreed with Plaintiffs" contention that anything from the radiographic studies suggested that there should have been earlier intervention.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
On or about 09/24/16, the patient was taken to the ER by his mother w complaints of abdominal pain and vomiting. Abdominal X-rays showed no evidence for dilated small bowel or free air. Dr. David Miller was consulted & he noted no surgical concern supported by radiographic studies did not show an obstruction. At that time, the thought was that the child suffered from excess stool and constipation.Early the next morning on 09/25/16, a CT of the abdomen showed non-obstructive bowel gas pattern and a distended bowel loop across the left upper abdomen may reflect air in the transverse colon, no other free air on this limited supine view. The patient was transported to the OR where Dr. Miller noted an "adhesion to the intestine." Dr. Miller corrected the problem and noted that the child's lab values had improved. Dr. Miller intended to leave the surgery site open for 12-24 hours and take a 2nd observation when a second acute event occurred. Dr. Miller attempted additional surgery when Emmanuel expired. An autopsy was performed with the cause of death "sepsis."The plaintiffs allege that Dr. Miller failed to intervene on 09/24/16, failed to order a CT Scan, and made a faulty diagnosis of "constipation" in light of the history of previous bowel obstruction.However, the defense standard of expert found that Dr. Miller met the standard of care and opined that the x-ray did not show air fluid levels and suggested constipation. In retrospect, the child was found to have a volvulus from an adhesion but disagreed with Plaintiffs" contention that anything from the radiographic studies suggested that there should have been earlier intervention.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
On or about 09/24/16, the patient was taken to the ER by his mother w complaints of abdominal pain and vomiting. Abdominal X-rays showed no evidence for dilated small bowel or free air. Dr. David Miller was consulted & he noted no surgical concern supported by radiographic studies did not show an obstruction. At that time, the thought was that the child suffered from excess stool and constipation.Early the next morning on 09/25/16, a CT of the abdomen showed non-obstructive bowel gas pattern and a distended bowel loop across the left upper abdomen may reflect air in the transverse colon, no other free air on this limited supine view. The patient was transported to the OR where Dr. Miller noted an "adhesion to the intestine." Dr. Miller corrected the problem and noted that the child's lab values had improved. Dr. Miller intended to leave the surgery site open for 12-24 hours and take a 2nd observation when a second acute event occurred. Dr. Miller attempted additional surgery when Emmanuel expired. An autopsy was performed with the cause of death "sepsis."The plaintiffs allege that Dr. Miller failed to intervene on 09/24/16, failed to order a CT Scan, and made a faulty diagnosis of "constipation" in light of the history of previous bowel obstruction.However, the defense standard of expert found that Dr. Miller met the standard of care and opined that the x-ray did not show air fluid levels and suggested constipation. In retrospect, the child was found to have a volvulus from an adhesion but disagreed with Plaintiffs" contention that anything from the radiographic studies suggested that there should have been earlier intervention.
Severity Of Injury
Permanent: Death.

Legal Information

Date of Suit			Circuit Court Case Number
			*NR
County Suit Filed in			Date of Final Disposition
*NR			11/16/2018
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
11/5/2018