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 | |||||
Type | First Name | MI | Last Name | ||
Individual | Duane | F | Cumberbatch | ||
Insurer Type | Street Address of Practice | ||||
Licensed | 8851 Boardroom Circle | ||||
City | State | Zip Code | County | ||
Fort Myers | FL | 33919 | Lee | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
1PD0031746 | $500,000 | $1,000,000 | |||
Profession or Business | Other Profession or Business | ||||
Podiatric Physician | |||||
License Number | Specialty Code & Classification | Certification Number | |||
PO3354 |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
M | Lee | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Other Outpatient Facility | Lee Memorial Hospital, Fort Myers | ||||
Name of Institution | Code | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Operating Suite | |||||
Date of Occurrence | Date Reported to Insurer | ||||
1/3/2011 | 12/3/2012 |
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. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
8/27/2013 | 13-CA-001962 | ||||
County Suit Filed in | Date of Final Disposition | ||||
Lee | 1/29/2015 | ||||
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 Decision | Other | ||||
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 | |||||||||||||||||||||
| |||||||||||||||||||||
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.
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
*NR:Prior to 04/28/1999 this field was not required in submitted claims. This page is not displaying certain sensitive information. |
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 | |||||
Type | First Name | MI | Last Name | ||
Individual | Duane | F | Cumberbatch | ||
Insurer Type | Street Address of Practice | ||||
Licensed | 8851 Boardroom Circle | ||||
City | State | Zip Code | County | ||
Fort Myers | FL | 33919 | Lee | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
1PD0050808 | $500,000 | $1,000,000 | |||
Profession or Business | Other Profession or Business | ||||
Podiatric Physician | |||||
License Number | Specialty Code & Classification | Certification Number | |||
PO3354 |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
F | Collier | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Other Outpatient Facility | Gladiolus Surgery Center | ||||
Name of Institution | Code | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Operating Suite | |||||
Date of Occurrence | Date Reported to Insurer | ||||
5/1/2012 | 6/25/2014 |
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. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
10/14/2015 | 14-CA-002830 | ||||
County Suit Filed in | Date of Final Disposition | ||||
Lee | 3/22/2016 | ||||
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 Decision | Other | ||||
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 | |||||||||||||||||||||
| |||||||||||||||||||||
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.
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).