Department File Number : | M201679428 |
Claim Number : | 2013-08-221-047 |
Date Submitted : | 8/12/2016 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
Lexington Insurace Company | Primary | ||||
Insurer FEIN | Professional License Number | ||||
25-114949 | |||||
Insurer Contact Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Jessica | Hayden | |||
Street Address | |||||
2985 Drew Street | |||||
City | State | Zip | |||
Clearwater | FL | 33764 | |||
Phone | Ext | Fax | E-Mail Address | ||
(727) 519 - 1268 | jessica.hayden@baycare.org |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Gabriel | Gonzales-Portillo | |||
Insurer Type | Street Address of Practice | ||||
Self-Insurer | 4902 Eisenhower Blvd | ||||
City | State | Zip Code | County | ||
Tampa | FL | 33634 | Hillsborough | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
112-31-714 | $250,000 | $750,000 | |||
Profession or Business | Other Profession or Business | ||||
Medical Doctor | |||||
License Number | Specialty Code & Classification | Certification Number | |||
ME93271 | Surgery - Neurology - Including Child |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
F | Hillsborough | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Hospital Inpatient Facility | |||||
Name of Institution | Code | ||||
SAINT JOSEPH'S HOSPITAL | 100075 | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Operating Suite | |||||
Date of Occurrence | Date Reported to Insurer | ||||
11/13/2013 | 11/26/2013 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
Patient with history of cervicothoracic laminectomy and meningioma resection in 2005, and C4-C5, C5-6 ACDF in 2010 presented with neck, face, ear jaw pain as well as left arm pain. MRI reveals C3-4 herniated disc towards the left side, fusion C4-5 and C5-6 and second herniated disc at C6 - C7. Patient failed extensive conservative treatment for more than 6 months. | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
Anterior cervical discectomy and fusion with stand alone cage to correct C3-C4 herniated disc. | |||||
Diagnostic Code : | |||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
*NR | |||||
Principal Injury Giving Rise To The Claim | |||||
Plaintiff alleges permanent left lower lip paralysis due to a peripheral nerve injury occurring during surgery. Plaintiff alleged that Dr. Gonzales-Portillo applied excessive force on a retractor during his surgery, causing damage to a branch of the Plaintiff's cranial nerve. A definitive cause of plaintiff's injury has never been determined. Expert's for Dr. Gonzales-Portillo are supportive in care provided, and point out that the retractor could not be located in such a way as to impinge on the mandibular branch of the seventh cranial nerve.Settlement was entered into on behalf of Dr. Gonzales-Portillo to resolve this disputed liability matter. We do not feel that Dr. Gonzales-Portillo deviated from the standard of care in any way. | |||||
Severity Of Injury | |||||
Permanent: Minor - Loss of fingers, loss or damage to organs. Includes non-disabling injuries. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
1/18/2016 | 15-007270-CI | ||||
County Suit Filed in | Date of Final Disposition | ||||
Hillsborough | 7/11/2016 | ||||
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 | |||||
7/12/2016 |
Financial Information | |||||||||||||||||||||
Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
Indemnity Paid by Insurer on behalf of Insured | $139,115 | ||||||||||||||||||||
Loss Adjust Expense Paid to Defense Counsel | $200,000 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $0 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
Deductible | $0 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
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Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
Any risk issue have been/will be addressed. |
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. GABRIEL GONZALES-PORTILLO, MD have any medical malpractice cases, lawsuits, or complaints?
Dr. GABRIEL GONZALES-PORTILLO, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).