Medical Malpractice Cases

Dr. DUANE F CUMBERBATCH, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address
Dr. DUANE F CUMBERBATCH, MD
8851 Boardroom Circle
US

Court Case # 13-CA-001962

Indemnity Paid: $350,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201573583
Claim Number : 18759-01
Date Submitted : 2/23/2015
 
Insurer Information
 
Insurer Name Coverage Type
PODIATRY INSURANCE COMPANY OF AMERICA Primary
Insurer FEIN Professional License Number
58-1403235  
Insurer Contact Information
Type First Name MI Last Name
Individual Karen   Kessler
Street Address
3000 Meridian Blvd., Suite 400
City State Zip
Franklin TN 37067
Phone Ext Fax E-Mail Address
(615) 371 - 8776 2249   kkessler@picagroup.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualDuaneFCumberbatch
Insurer TypeStreet Address of Practice
Licensed8851 Boardroom Circle
CityStateZip CodeCounty
Fort MyersFL33919Lee
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
1PD0031746$500,000$1,000,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO3354  

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MLee
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilityLee Memorial Hospital, Fort Myers
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
1/3/201112/3/2012
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Osteoarthrosis, left subtalar joint; equinus contracture, left foot; joint instability, left foot; painful exostosis, left foot
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Percutaneous tendo-Achilles lengthening, left foot; exostectomy, left foot; subtalar joint arthrodesis, left foot; application of posterior splint, left foot
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Diabetic patient presented to insured on 10-12-10 for evaluation of a painful left ankle, which had been fused many years prior. Surgery was subsequently performed on 11-10-10 to fix the prior ankle fusion. Insured continued to follow patient and saw him initially seven times post-op through 12-10-10. At no time did insured feel the wound was infected. Of note is the fact that patient was seen in the ER on 12-04-10, and the ER physician did not think the wound was infected, nor did he prescribe antibiotics. Patient was seen by insured¿s partner on 12-13-10, at which time patient was given Keflex due to some nausea and shortness of breath patient was having earlier that morning. The partner noted he did not see any infection present but wanted patient to start antibiotics pending Doppler studies, as it was a possibility patient may have had a DVT; this was subsequently ruled out. By 12-29-10, the surgical wound had not been responding to the Keflex and wound care, and patient was diagnosed with cellulitis of the left foot, which was treated with I&D and debridement. On 01-03-11, insured removed the hardware and did an I&D and debridement of the left foot. Patient left insured¿s care thereafter and went on to a left BKA. Patient alleges insured performed unnecessary surgery in light of his history of diabetes and, had he not performed surgery, the resulting infection would not have ensued and led to the loss of his leg.
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 SuitCircuit Court Case Number
8/27/201313-CA-001962
County Suit Filed inDate of Final Disposition
Lee1/29/2015
Other Defendants Involved in this Claim
Southwest Florida Ankle & Foot Care Specialists
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
2/3/2015
 
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$70,729
All Other Loss Adjustment Expense Paid$21,745
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$130,000$50,000
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
None ¿ Specialty Code #80993
 
Updates
 
No updates found.

 

 

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

This page is not displaying certain sensitive information.

Court Case # 10-CA-001618

Indemnity Paid: $150,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201264947
Claim Number :14708-03
Date Submitted :10/2/2012
 
Insurer Information
 
Insurer NameCoverage Type
PODIATRY INSURANCE COMPANY OF AMERICAPrimary
Insurer FEINProfessional License Number
58-1403235 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualKaren Kessler
Street Address
3000 Meridian Blvd., Suite 400
CityStateZip
FranklinTN37067
PhoneExtFaxE-Mail Address
(615) 371 - 87762249 kkessler@picagroup.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualDUANE CUMBERBATCH
Insurer TypeStreet Address of Practice
Licensed8851 Boardroom Circle
CityStateZip CodeCounty
Fort MyersFL33919Lee
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
1PD0031746$500,000$1,000,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO3354  

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FLee
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilityGladiolus Surgery Center
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
9/19/20088/25/2009
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Tarsal tunnel syndrome; chronic plantar fasciitis, bilateral
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Tarsal tunnel release; plantar fasciotomy, left on 07-02-08, right on 07-18-08
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient first presented to an associate of insured¿s on 06-09-08 with bilateral heel pain. After unsuccessful conservative treatment by the associate , insured performed surgery to the left foot on 07-02-08 and to the right foot on 07-18-08; however, patient¿s pain complaints continued.Again, conservative treatment was attempted.An MRI and a nerve conduction study were performed with findings consistent with plantar fasciitis, along with heel spurs; therefore, on 09-19-08, insured¿s associate performed further surgery.The patient returned for post operative care with the surgeon on September 23 and 30 with continued complaints of pain.Thereafter, another associate of insured followed the patient for approximately two months for continued pain.Multiple conservative treatments were instituted, along with pain medications; however, patient continued to complain of pain.This associate subsequently recommended that the patient see a pain specialist, which she did; however, she saw him only one time and never returned.Patient alleges insured performed unnecessary and non indicated surgery on the patient in the presence of MRI and nerve conduction findings unsupportive of the need for surgery.She also claims she suffers from CRPS/RSD as a result of the surgeries.It should be noted that patient¿s own treating podiatrist testified the pre-op symptoms, MRI and nerve conduction results were consistent with tarsal tunnel and does not believe patient is suffering from CRPS/RSD. Concurring with patient¿s treating physicians, our expert stated there was sufficient objective evidence to support a diagnosis of tarsal tunnel in the MRI and nerve conduction studies.He also believes there was insufficient evidence to support a diagnosis of CRPS/RSD, especially in light of the fact that patient never returned to the pain management specialist for follow-up and certain objective testing.
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 SuitCircuit Court Case Number
4/20/201210-CA-001618
County Suit Filed inDate of Final Disposition
Lee9/6/2012
Other Defendants Involved in this Claim
Charara, DPM, Husni
Barbounis, DPM, Constantine
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
9/11/2012
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$150,000
Loss Adjust Expense Paid to Defense Counsel$23,122
All Other Loss Adjustment Expense Paid$3,743
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$135,362$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
None - Specialty code #80993
 
Updates
 
No updates found.

 

 

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

This page is not displaying certain sensitive information.

Court Case # 14-CA-002830

Indemnity Paid: $65,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201677852
Claim Number : 20940-01
Date Submitted : 4/7/2016
 
Insurer Information
 
Insurer Name Coverage Type
PODIATRY INSURANCE COMPANY OF AMERICA Primary
Insurer FEIN Professional License Number
58-1403235  
Insurer Contact Information
Type First Name MI Last Name
Individual Karen   Kessler
Street Address
3000 Meridian Blvd., Suite 400
City State Zip
Franklin TN 37067
Phone Ext Fax E-Mail Address
(615) 371 - 8776 2249   kkessler@picagroup.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualDuaneFCumberbatch
Insurer TypeStreet Address of Practice
Licensed8851 Boardroom Circle
CityStateZip CodeCounty
Fort MyersFL33919Lee
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
1PD0050808$500,000$1,000,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO3354  

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FCollier
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilityGladiolus Surgery Center
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
5/1/20126/25/2014
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Hallux varus, right; degenerative joint disease, right, 1st MPJ; painful hardware
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Correction of hallux varus deformity; arthrodesis of 1st MPJ; shortening osteotomy of right, 2nd metatarsal; utilization of fluoroscopy; application of multi-leg compression bandage; removal of painful hardware
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient presented to insured on 10-03-11and was diagnosed with hallux varus, a foot deformity that causes the big toe to pull away from the other toes on the foot. She had previous surgery on her feet approximately 35 years before to correct bilateral bunions. Insured performed a correction of the hallux varus deformity on 05-01-12. He also removed hardware that had been previously placed in the patient's right toe from the original surgical procedure 35 years ago. Patient alleges that the operative procedure performed by insured left her great toe elevated and causing pain. She alleges she suffered a mal-union and/or non-union that insured failed to diagnose and treat.
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 SuitCircuit Court Case Number
10/14/201514-CA-002830
County Suit Filed inDate of Final Disposition
Lee3/22/2016
Other Defendants Involved in this Claim
Southwest Florida Ankle & Foot Care Specialists
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
3/22/2016
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$65,000
Loss Adjust Expense Paid to Defense Counsel$35,423
All Other Loss Adjustment Expense Paid$5,986
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$60,245$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
None - Specialty code #80993
 
Updates
 
No updates found.

 

 

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

This page is not displaying certain sensitive information.

Frequently Asked Questions

Does Dr. DUANE F CUMBERBATCH, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. DUANE F CUMBERBATCH, MD has at least 3 medical malpractice case(s), lawsuit(s), or complaint(s).

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