Dr. DONALD L BEHRMANN, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. DONALD L BEHRMANN, MD

1605 W. FAIRBANKS AVENUE

WINTER PARK , FL

32789

Orange

Court Case # 2018-CA-006756-0

Indemnity Paid: $250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201987665
Claim Number :	167269
Date Submitted :	1/21/2019

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	Donald		L	Behrmann
Insurer Type		Street Address of Practice
Licensed		1605 W. Fairbanks Avenue
City		State	Zip Code	County
Winter Park		FL	32789	Orange
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
72146N		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME64819		Surgery - Neurology - Including Child

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	Orange
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
11/14/2016		11/29/2017

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Anterior cervical discectomy and intra-discal fixation with fusion.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
On 11/14/16, the patient underwent a C6-7 anterior cervical discectomy and intra-discal fixation with fusion performed by Donald L. Behrmann MD. During the complicated surgery, a dural tear occurred and Dr. Behrmann placed two layers of DuraGen, Gelfoam, and subsequently, DuraSeal. The following day, Mrs. Garner was taken back to surgery for decompression of the spine followed by a cervical fusion from C2 to T1.Prior to the subject surgery, Mrs. Garner had a complicated medical history including bilateral knee replacement.The alleged deviation in the standard of care included 1) to place Gelfoam in a confined space between a fusion device & the cervical spine cord; 2) to place two layers of DuraGen, a layer of Gelfoam, and a layer of DuraSeal prior to the structural graft being impacted in the disc space. A defense standard of care expert opined that Dr. Behrmann confronted a rare but recognized complication of the procedure. Mainly, spinal fluid leak secondary to a tear in the dura. Dr. Lawson also explained that fixing the tear at this location is very difficult. Ideally, with any tear to the dura, the primary option is to sew or suture the perforated area. However, with an anterior cervical discectomy, the space is too small to permit suturing. Thus, the only meaningful option is to use medical agents such as DuraGen to seal the tear.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
On 11/14/16, the patient underwent a C6-7 anterior cervical discectomy and intra-discal fixation with fusion performed by Donald L. Behrmann MD. During the complicated surgery, a dural tear occurred and Dr. Behrmann placed two layers of DuraGen, Gelfoam, and subsequently, DuraSeal. The following day, Mrs. Garner was taken back to surgery for decompression of the spine followed by a cervical fusion from C2 to T1.Prior to the subject surgery, Mrs. Garner had a complicated medical history including bilateral knee replacement.The alleged deviation in the standard of care included 1) to place Gelfoam in a confined space between a fusion device & the cervical spine cord; 2) to place two layers of DuraGen, a layer of Gelfoam, and a layer of DuraSeal prior to the structural graft being impacted in the disc space. A defense standard of care expert opined that Dr. Behrmann confronted a rare but recognized complication of the procedure. Mainly, spinal fluid leak secondary to a tear in the dura. Dr. Lawson also explained that fixing the tear at this location is very difficult. Ideally, with any tear to the dura, the primary option is to sew or suture the perforated area. However, with an anterior cervical discectomy, the space is too small to permit suturing. Thus, the only meaningful option is to use medical agents such as DuraGen to seal the tear.
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
7/10/2018			2018-CA-006756-0
County Suit Filed in			Date of Final Disposition
Orange			12/28/2018
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
Other			Settled between parties
Arbitration
Claim not subject to Arbitration.
Date of Payment
12/28/2018

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$250,000

Loss Adjust Expense Paid to Defense Counsel

$20,533

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

Circumstances of the suit were discussed with the insured and risk management.

Updates

No updates found.

Court Case # 06CA2310

Indemnity Paid: $44,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200747114
Claim Number :	05-0039-2
Date Submitted :	10/1/2007

Insurer Information

Insurer Name				Coverage Type
PHYSICIANS PROFESSIONAL LIABILITY RISK RETENTION GROUP, INC.				Primary
Insurer FEIN		Professional License Number
33-1010508
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Jack			Heda
Street Address
1806 N. Flamingo Road, Suite 339
City				State	Zip
Pembroke Pines				FL	33028
Phone	Ext	Fax	E-Mail Address
(954) 985 - 1165		(954) 212 - 0178	PPLRRG@bellsouth.net

Insured Information

Type	First Name		MI	Last Name
Individual	DONALD		L	BEHRMANN
Insurer Type		Street Address of Practice
Licensed		1605 W. FAIRBANKS AVENUE
City		State	Zip Code	County
WINTER PARK		FL	32789	Orange
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
105444		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME64819		Surgery - Neurology - Including Child

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
FLORIDA HOSPITAL (ORLANDO)		100007
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
11/25/2003		6/28/2005

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient was referred by primary care physician, to Dr. Lu for recurrent severe low back pain radiating into her left hip, buttocks and legs.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
After evaluation Dr. Lu recommended a repeat laminectomy and foraminotomy of L4-S1. Patient was admitted to hospital for surgery on November 25, 2003. Dr. Lu performed the surgery without any complications. After surgery patient continued to progress satisfactory, but did experience low-grade fevers and constipation. On November 26, 2003, Dr. Lu added Rocephin to the Kefzol the patient was already receiving. Both antibiotics were continued through patient?s discharge. Dr. Lu monitored the patient through November 27, 2003. On November 28, 2003, Dr. Donald Behrmann, Dr. Lu?s partner took over coverage of the practice?s patient?s. Physician Assistant Shirley Baehr assisted Dr. Behrmann in monitoring the patient on a daily basis.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient had no bowel movements on November 29, 2003 and November 30, 2003. However, laxatives were ordered and the patient complained of diarrhea as of 1:30 p.m. on November 30, 2003. Discharge orders were given with instructions to follow-up with Dr. Lu. Patient claims to have experienced continuing severe diarrhea after discharge. Patient was readmitted to hospital on December 5, 2003. Patient was discharged from hospital on December 16, 2003 with a diagnosis of clostridium difficile toxin. Patient now complains of post-infectious irritable bowel syndrome with 3-5 loose bowel movements/day and generalized chronic fatigue. Neither Shirley Baehr, PA-C nor Dr. Behrmann were advised of this continuing/worsening diarrhea.
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs.Includes non-disabling injuries.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
11/28/2005			06CA2310
County Suit Filed in			Date of Final Disposition
Orange			9/25/2007
Other Defendants Involved in this Claim

Stage of Legal System at which Settlement was Reached or Award Made
After court verdict and prior to filing of notice of appeal.
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
Other			settled by parties
Arbitration
Claim not subject to Arbitration.
Date of Payment
9/26/2007

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$44,000

Loss Adjust Expense Paid to Defense Counsel

$34,358

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

N/A

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. DONALD L BEHRMANN, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. DONALD L BEHRMANN, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).

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