Medical Malpractice Cases

Dr. EUGENE A FOX, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address
Dr. EUGENE A FOX, MD
4930 Palm Avenue
US

Court Case # 08-03498 CA 14

Indemnity Paid: $17,500.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201262957
Claim Number :2349-1
Date Submitted :2/24/2012
 
Insurer Information
 
Insurer NameCoverage Type
FOX, EUGENE APrimary
Insurer FEINProfessional License Number
65-0091629PO1582
Insurer Contact Information
TypeFirst NameMILast Name
IndividualArielDSofro
Street Address
200 S Andrews Avenue
CityStateZip
Fort LauderdaleFL33301
PhoneExtFaxE-Mail Address
(954) 755 - 3425 (954) 755 - 2993ariel@lubellrosen.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualEUGENEAFOX
Insurer TypeStreet Address of Practice
Self-Insurer4930 Palm Avenue
CityStateZip CodeCounty
HialeahFL33012Dade
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
DSBA 07026$100,000$300,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO1582  

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MDade
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
  
Date of OccurrenceDate Reported to Insurer
9/26/20065/4/2007
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient first began treating with Dr. Fox on or about October 2005 with a chief complaint of "wound on foot swelling." Dr. Fox learned the patient was a non-insulin dependent diabetic and was complaining of open wounds on the left foot for several days which gradually were getting worse.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Upon presentation, Dr. Fox debrided the necrotic tissue and gave patient approriate instructions and prescriptions. Dr. Fox followed the patient's condition very closely and saw the patient on a weekly basis.It appeared that patient's condition was improving however, after several months of conservative treatment, Dr. Fox recommended surgery for patient's wounds on or about February 2006.Patient declined surgery and continued with conservative treatments. Again, Dr. Fox recommended surgery on or about August 2006 and in September 2006,the patient agreed to surgery.Dr. Fox performed surgery without complication.Patient tolerated the procedure well and returned to Dr. Fox's office one week later with no signs of infection.Several days later, patient called Dr. Fox's office and was seen the same day wherein a culture and sensitivity was ordered.The wound was cleansed and treated and sterile dressing applied.Patient followed with Dr. Fox each day for the next 3 days and was treated with appropriate antibiotics and the wound was cleansed and redressed. Patient's last visit to Dr. Fox's office was September 25, 2006.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Plaintiff's Complaint alleged that Dr. Fox was negligent in the care and treatment he provided Michael Zardis from October 5, 2005 through October 17, 2006 by:(a) failing to take Michael Zardis' appropriate history, (b) failing to examine his medical needs, (c) render treatment in the absence of appropriate history and physical examination, (d) failing to order necessary consults, (e) failing to assess and appropriately treat Plaintiff in a timely manner subsequent to the surgery of September 27, 2006, (f) failing to prescribe appropriate medications, (g) failing to order appropriate diagnostic testing, (h) failing to appreciate and assess developing symptoms, and (i) failing to offer him alternative treatments.Patient's injuries appeared to stem from ulcers patient had in his right foot which Dr. Fox tried to treat by conservative methods until both patient and Dr. Fox agreed that surgical intervention was necessary.Because of patient's diabetes, not only did his ulcers not heal, but they got infected subsequent to the surgery.Ultimately, as a result of patient's underlying condition, he suffered infection, another surgical intervention and amputation of his toes and part of his right foot.
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 SuitCircuit Court Case Number
1/25/200808-03498 CA 14
County Suit Filed inDate of Final Disposition
Broward3/11/2010
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
 
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$17,500
Loss Adjust Expense Paid to Defense Counsel$0
All Other Loss Adjustment Expense Paid$0
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Dr. Fox treated this patient conservatively and with various methods of treatment.Dr. Fox finally performed surgery on this patient when his wounds were not healing as necessary.Dr. Fox recommended that patient follow a strict home care regimen to aid in the healing process.Dr. Fox is unaware of the nature of the patient¿s compliance with such.The culture and sensitivity revealed heavy growth of escherichia coli and gram-negative bacilli.It is also important to note that the patient was a known diabetic and as such, healing capabilities were diminished.
 
Updates
 
No updates found.

 

 

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

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Dr. EUGENE A FOX, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).

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