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

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Phycicians Practice Address

Dr. DAVID NILES, MD

650 Richmond Close

Tarpon Springs, FL

34688

Pinellas

Court Case # 51 2003 CA 003664WS-

Indemnity Paid: $350,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200744762
Claim Number :	EMC-AO-04-34189-DN
Date Submitted :	3/8/2007

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	Nancy		J	Thomas
Street Address
9821 Katy Freeway
City				State	Zip
Houston				TX	77024
Phone	Ext	Fax	E-Mail Address
(713) 935 - 8868		(713) 461 - 8130	nancy_thomas@ajg.com

Insured Information

Type	First Name		MI	Last Name
Individual	DAVID			NILES
Insurer Type		Street Address of Practice
Licensed		650 RICHMOND CLOSE
City		State	Zip Code	County
TARPON SPRINGS		FL	34688	Pinellas
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
HAZ1040025381-2		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Osteopathic Physician
License Number		Specialty Code & Classification		Certification Number
OS5288		Emergency Medicine - No Major Surgery

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
Emergency Room
Name of Institution		Code
COMMUNITY HOSPITAL OF NEW PORT RICHEY		100191
Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
5/14/2002		8/19/2004

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
SEPTIC SHOCK SECONDARY TO STREP PNEUMONIA BACTEREMIA AND DIC
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
VITALS TAKEN, FULL LABS ORDERED, GENTAMYCIN ORDERED, ADMITTED AND PATIENT'S CARE TAKEN OVER BY PCP
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
NO MISDIAGNOSIS
Principal Injury Giving Rise To The Claim
ALLEGED FAILURE TO TIMELY INSTITUTE ANTIBIOTICS AND ALLEGED FAILURE TO PROPERLY PROVIDE FLUID RESUSCITATION
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
12/2/2004			51 2003 CA 003664WS-
County Suit Filed in			Date of Final Disposition
Pasco			3/7/2007
Other Defendants Involved in this Claim
SICHELMAN, M.D., ALAN K GELLADY, M.D., ANDREW M EMCARE OF FLORIDA, INC. FLORIDA EM-1 MEDICAL SERVICES PA UBILLUS, M.D., RICARDO E GULF CARDIOLOGY ASSOCIATES COMMUNITY HOSPITAL OF NEW PORT RICHEY
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 subject to arbitration, but settlement reached in lieu of award.
Date of Payment
9/1/2006

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$350,000

Loss Adjust Expense Paid to Defense Counsel

$81,498

All Other Loss Adjustment Expense Paid

$9,917

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

IN REALITY, GENTAMYCIN WAS ORDERED IN A GOOD RESPONSE TIME OF 22:15 FOR PATIENT FIRST SEEN AT 19:30

Updates

No updates found.

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Court Case # 51-2004-CA000182WS

Indemnity Paid: $125,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200640906
Claim Number :	EMC-AO03-18718-DN
Date Submitted :	6/6/2006

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	Nancy			Thomas
Street Address
9821 Katy Freeway, Suite 600
City				State	Zip
Houston				TX	77024
Phone	Ext	Fax	E-Mail Address
(713) 935 - 8868		(713) 243 - 7311	nancy_thomas@ajg.com

Insured Information

Type	First Name		MI	Last Name
Individual	David			Niles
Insurer Type		Street Address of Practice
Licensed		650 Richmond Close
City		State	Zip Code	County
Tarpon Springs		FL	34688	Pinellas
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
HAZ1040025381-1		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Osteopathic Physician
License Number		Specialty Code & Classification		Certification Number
OS5288		Emergency Medicine - No Major Surgery

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
Emergency Room
Name of Institution		Code
COMMUNITY HOSPITAL OF NEW PORT RICHEY		100191
Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
3/29/2003		9/5/2003

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Acute hemorrhage in the right occipital region extending into the right temporal lobe.Additionally, a recent ischemic infarct of the left occipital lobe was also observed.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged failure to diagnose and administer TPA for impending stroke
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Diagnosed with dizziness, vertigo and labyrinthitis
Principal Injury Giving Rise To The Claim
Stroke resulting in disabling injury
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
1/21/2004			51-2004-CA000182WS
County Suit Filed in			Date of Final Disposition
Pasco			6/5/2006
Other Defendants Involved in this Claim
Duic, M.D., Peter Florida EM-1 Medical Services, P.A. Community Hospital of New Port Richey
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
11/29/2005

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$125,000

Loss Adjust Expense Paid to Defense Counsel

$100,583

All Other Loss Adjustment Expense Paid

$13,250

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

Unknown.

Updates

No updates found.

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Court Case # 51 2005 CA 3406

Indemnity Paid: $50,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201160382
Claim Number :	EMC-05-XS-98633
Date Submitted :	4/10/2011

Insurer Information

Insurer Name				Coverage Type
EmCare Holdings, Inc.				Primary
Insurer FEIN		Professional License Number
75-173235		SI
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Nancy			Thomas
Street Address
2000 West Sam Houston Parkway South, 19th Floor; One Briarlake Plaza
City				State	Zip
Houston				TX	77042-361
Phone	Ext	Fax	E-Mail Address
(713) 935 - 8868		(713) 461 - 8130	nancy_thomas@ajg.com

Insured Information

Type	First Name		MI	Last Name
Individual	David			Niles
Insurer Type		Street Address of Practice
Self-Insurer		650 Richmond Close
City		State	Zip Code	County
Tarpon Springs		FL	34688	Pinellas
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
EMC-2005-Excess		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Osteopathic Physician
License Number		Specialty Code & Classification		Certification Number
OS5288		Emergency Medicine - No Major Surgery

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
Emergency Room
Name of Institution		Code
COMMUNITY HOSPITAL OF NEW PORT RICHEY		100191
Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
3/30/2003		7/21/2005

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Gastritis, ulcers
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged failure to supervise ARNP who examined patient, failure to obtain proper tests, consult
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Treatment related/supervision
Principal Injury Giving Rise To The Claim
Additional medical treatment
Severity Of Injury
Temporary: Major - Burns, surgical material left, drug side effect, brain damage.Recovery delayed.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
3/29/2006			51 2005 CA 3406
County Suit Filed in			Date of Final Disposition
Pasco			3/31/2011
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 subject to arbitration, but settlement reached in lieu of award.
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

$11,431

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

Unknown

Updates

No updates found.

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Court Case # 17-CA-004734

Indemnity Paid: $43,625.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201885683
Claim Number :	2016-09-200-012
Date Submitted :	6/20/2018

Insurer Information

Insurer Name				Coverage Type
Lexington Insurace Company				Primary
Insurer FEIN		Professional License Number
25-114949
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Jessica			Hayden
Street Address
2985 Drew Street
City				State	Zip
Clearwater				FL	33764
Phone	Ext	Fax	E-Mail Address
(727) 519 - 1268			jessica.hayden@baycare.org

Insured Information

Type	First Name		MI	Last Name
Individual	DAVID			NILES
Insurer Type		Street Address of Practice
Self-Insurer		650 Richmond Close
City		State	Zip Code	County
Tarpon Springs		FL	34688	Pinellas
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
12073-195		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
OS5288		Emergency Medicine - No Major Surgery

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 Inpatient Facility
Name of Institution		Code
SAINT JOSEPH'S HOSPITAL		100075
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
12/30/2014		12/20/2016

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Acute myocardial infarction.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Delay in diagnosis of an acute myocardial infarction.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
The delay in diagnosis of the acute myocardial infarction was due to trying to rule out the differential diagnosis of a pulmonary embolism.
Principal Injury Giving Rise To The Claim
Death.
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
5/31/2017			17-CA-004734
County Suit Filed in			Date of Final Disposition
Hillsborough			5/28/2018
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
5/28/2018

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$43,625

Loss Adjust Expense Paid to Defense Counsel

$17,960

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 have been/will be addressed.

Updates

No updates found.

This page is not displaying certain sensitive information.

Court Case # 08-25410/DIV B

Indemnity Paid: $0.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201886875
Claim Number :	2008-09-200-014
Date Submitted :	10/29/2018

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			Niles
Insurer Type		Street Address of Practice
Self-Insurer		3001 W. Dr. Martin Luther King, Jr. Blvd.
City		State	Zip Code	County
Tampa		FL	33607	Hillsborough
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
805-5836		$250,000		$750,000
Profession or Business			Other Profession or Business
Osteopathic Physician
License Number		Specialty Code & Classification		Certification Number
OS5288		Emergency Medicine - No Major Surgery

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
Emergency Room
Name of Institution		Code
SAINT JOSEPH'S HOSPITAL		100075
Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
7/1/2007		3/27/2008

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Scrotal cellulitis and gangrene
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Failure to recognize and adequately treat scrotal cellulitis
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Cellulitis that progressed to gangrene and need for surgery
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
11/13/2008			08-25410/DIV B
County Suit Filed in			Date of Final Disposition
Hillsborough			11/13/2017
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			Suit dismissed after Plaintiff died.
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

$19,363

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 have been addressed.

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

Dr. DAVID NILES, MD has at least 5 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases