Department File Number : | M202093171 |
Claim Number : | 7030140607 |
Date Submitted : | 8/6/2020 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
LANDMARK AMERICAN INSURANCE COMPANY | Primary | ||||
Insurer FEIN | Professional License Number | ||||
73-0994137 | |||||
Insurer Contact Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Jim | Dapolite | |||
Street Address | |||||
945 East Paces Ferry Rd, Suite 1800 | |||||
City | State | Zip | |||
Atlanta | GA | 30326 | |||
Phone | Ext | Fax | E-Mail Address | ||
(404) 682 - 7683 | (404) 262 - 4437 | jdapolite@rsui.com |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Elka | Wiley-Mills | |||
Insurer Type | Street Address of Practice | ||||
Licensed | 1000 Mar Walt Drive | ||||
City | State | Zip Code | County | ||
Fort Walton Beach | FL | 32547 | Walton | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
LHC777404 | $1,000,000 | $5,000,000 | |||
Profession or Business | Other Profession or Business | ||||
Medical Doctor | |||||
License Number | Specialty Code & Classification | Certification Number | |||
ME103198 | Neurology - Including Child - No Surgery |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
F | Dade | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Hospital Inpatient Facility | |||||
Name of Institution | Code | ||||
HOMESTEAD HOSPITAL (DADE) | 100125 | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Patients' Room | |||||
Date of Occurrence | Date Reported to Insurer | ||||
9/11/2018 | 11/22/2019 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
On September 10, 2018, the patient presented to the emergency department of Homestead Hospital with complaints of experiencing a seizure at home. She was admitted to the hospital. Her admitting diagnosis was as follows: seizure disorder and anemia. Various orders were put into place during the emergency room and when she was admitted, including orders due to her seizure activity. Specifically, she was given anti-seizure emdication and an EEG was ordered. A neurology and Gynecology consult was ordered. | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
On September 11, 2018, Dr. Wiley-Mills provided a neurology consult to the patient. Her plan included review of the EEG that was previously requested by the prior physicians and to maintain her on the seizure medications that were previously ordered. | |||||
Diagnostic Code : | |||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
The Claimant alleged that on September 10, 2018, the patient presented to the emergency department of Homestead Hospital with complaints of experiencing a seizure at home. She was admitted to the hospital. Her admitting diagnosis was as follows: seizure disorder and anemia. Various orders were put into place during the emergency room and when she was admitted, including orders due to her seizure activity. A neurology and Gynecology consult was ordered. On September 11, 2018, Dr.Wiley-Mills provided a neurology consult to the patient. Dr. Wiley-Mills' plan included review of the EEG that was previously requested by the prior physicians and to maintain her on the seizure medications that were previously ordered. Prior to Dr. Wiley-Mills having an opportunity to read the EEG, the patient fell and later coded. She was pronounced dead later that day. The Claimant alleged that Dr. Wiley-Mills deviated from the standard of care in failing to appropriately manage the patient¿s seizure risk and failure to order pulse oximetry monitoring, an EEG, and seizure precautions. The claimant further alleged that this contributed to the patient¿s death. Dr. Wiley-Mills' supporting expert inidcated that she fully abided by the applicable standard of care in continuing the patient on anti-seizure medication and by continuing the anti-seizure safety protocal initiated by the hospitalist who saw the patient before her. Her expert would further opine that the patient had a primary cardiac event that was not the result of any act or ommission by Dr. Wiley-Mills. This case was settled for economic reasons, only. No admission of liability resulted. | |||||
Principal Injury Giving Rise To The Claim | |||||
The Claimant alleged that on September 10, 2018, the patient presented to the emergency department of Homestead Hospital with complaints of experiencing a seizure at home. She was admitted to the hospital. Her admitting diagnosis was as follows: seizure disorder and anemia. Various orders were put into place during the emergency room and when she was admitted, including orders due to her seizure activity. A neurology and Gynecology consult was ordered. On September 11, 2018, Dr.Wiley-Mills provided a neurology consult to the patient. Dr. Wiley-Mills' plan included review of the EEG that was previously requested by the prior physicians and to maintain her on the seizure medications that were previously ordered. Prior to Dr. Wiley-Mills having an opportunity to read the EEG, the patient fell and later coded. She was pronounced dead later that day. The Claimant alleged that Dr. Wiley-Mills deviated from the standard of care in failing to appropriately manage the patient¿s seizure risk and failure to order pulse oximetry monitoring, an EEG, and seizure precautions. The claimant further alleged that this contributed to the patient¿s death. Dr. Wiley-Mills' supporting expert inidcated that she fully abided by the applicable standard of care in continuing the patient on anti-seizure medication and by continuing the anti-seizure safety protocal initiated by the hospitalist who saw the patient before her. Her expert would further opine that the patient had a primary cardiac event that was not the result of any act or ommission by Dr. Wiley-Mills. This case was settled for economic reasons, only. No admission of liability resulted. | |||||
Severity Of Injury | |||||
Permanent: Death. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
*NR | |||||
County Suit Filed in | Date of Final Disposition | ||||
*NR | 6/23/2020 | ||||
Other Defendants Involved in this Claim | |||||
Stage of Legal System at which Settlement was Reached or Award Made | |||||
Within the pre-suit period as set forth in 766.106 (more than 90 days before suit is filed). | |||||
Final Method of Claim Disposition | |||||
Settled by parties | |||||
Court Decision | Other | ||||
No Court Proceedings. | |||||
Arbitration | |||||
Claim not subject to Arbitration. | |||||
Date of Payment | |||||
6/23/2020 |
Financial Information | |||||||||||||||||||||
Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
Indemnity Paid by Insurer on behalf of Insured | $240,000 | ||||||||||||||||||||
Loss Adjust Expense Paid to Defense Counsel | $40,601 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $1,550 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
Deductible | $10,000 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
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Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
None available |
Updates | |
No updates found. |
Does Dr. ELKA WILEY-MILLS, MD have any medical malpractice cases, lawsuits, or complaints?
Dr. ELKA WILEY-MILLS, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).