Dr. EBEL B SILVA, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. EBEL B SILVA, MD

311 N. Clyde Morrisa Blvd., Suite 350

Daytona Beach, FL

32114

Volusia

Court Case # 200530092CICI

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200537287
Claim Number :	HPT 1370
Date Submitted :	10/13/2005

Insurer Information

Insurer Name				Coverage Type
Silva, Ebel B				Primary
Insurer FEIN		Professional License Number
59-2460151		ME44577
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Luella			Brown
Street Address
311 N. Clyde Morris Blvd., Suite 420
City				State	Zip
Daytona Beach				FL	32114
Phone	Ext	Fax	E-Mail Address
(386) 254 - 4380		(386) 254 - 4398	luellab@aol.com

Insured Information

Type	First Name		MI	Last Name
Individual	Ebel		B	Silva
Insurer Type		Street Address of Practice
Self-Insurer		311 N. Clyde Morrisa Blvd., Suite 350
City		State	Zip Code	County
Daytona Beach		FL	32114	Volusia
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
02-14		$500,000		$1,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME44577		Anesthesiology

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
HALIFAX MEDICAL CENTER		100017
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
2/20/2003		10/12/2004

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Central scotoma of uncertain etiology in the right eye.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Undetermined.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
This 65 year old female was admitted for elective bilateral lumbar hemilaminotomies with microdissectomy, interbody allograft and pedicle screw fixation under general anesthesia.Significant pre-operative medical history included obesity, diabetes with complications of neuropathies and retinopathy, a history of retinal detachment, glaucoma and hypertension.Pre-operative anesthesia assessment determined she was an ASA III, denoting a patient with severe systemic disease.Following induction and intubation, the patient was placed in the prone position with the eyes taped shut and free of pressure.A 6 hour surgical procedure and anesthetic course ensued which was uneventful.Post-operatively, the patient complained of a unilateral visual defect. Ophthalmologic consultation identified a central scotoma of uncertain etiology in the right eye.Although the remainder of the patient?s recovery progressed normally, the visual deficit was permanent.Current medical literature reflects post-operative visual loss is an uncommon, but not rare, complication of surgery, particularly for spine and cardiac cases.While there are many proposed risk factors of this visual loss, none have been proven.Expert evaluation was supportive of the standard of care in this case.As there have been no controlled, double-blind prospective studies to evaluate the association between various identified risk factors and this unfortunate loss of vision, the element of causation in this matter was unclear.Recognizing the permanent deficit sustained by the claimant and potential for sympathy in front of a lay jury, the matter was resolved without any admission of liability during mediation to avoid the time, expense and uncertainty of protracted litigation.
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
1/14/2005			200530092CICI
County Suit Filed in			Date of Final Disposition
Volusia			10/12/2005
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
9/15/2005

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

$25,000

All Other Loss Adjustment Expense Paid

$18,000

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

On going 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. EBEL B SILVA, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. EBEL B SILVA, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).