Dr. GARY WALLACH, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. GARY WALLACH, MD

2737 E. Oakland Park Blvd.

Fort Lauderdale, FL

33306

Broward

Court Case # 2015-008924 03

Indemnity Paid: $200,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201575523
Claim Number :	20674-01
Date Submitted :	8/13/2015

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	Gary			Wallach
Insurer Type		Street Address of Practice
Licensed		2737 E. Oakland Park Blvd.
City		State	Zip Code	County
Fort Lauderdale		FL	33306	Broward
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0018999		$250,000		$750,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO1404

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Other Outpatient Facility		Physicians Outpatient Surgery Center
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
5/23/2013		4/16/2014

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Multiple fractured second toe, left foot and dislocation, second MTP joint, left foot
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Plain external fixation of second toe and second MTP joint, left foot
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient presented to insured on 9/25/12 with complaints of pain involving her left forefoot. Based on x-rays, she was diagnosed with a digital fracture as well as traumatic capsulitis. A surgical shoe was dispensed and surgery was advised and performed on 9/28/12. Patient did well until 10/15/12 when she presented with complaints of pain, such that she could not weight bear. An MRI was ordered and, on 10/23/12, was noted to be suggestive of osteomyelitis involving the second toe and MPJ; however, a biopsy done on 10/31/12 was negative for acute osteomyelitis or other infection. Because of patientÂ¿s continued complaints of pain, another MRI and biopsy were subsequently performed, which were negative as before. On 02/13/13, patient was complaining of pain involving the second interspace, diagnosed as a neuroma, which insured subsequently excised on 2/22/13. Patient continued to complain of pain thereafter and was last seen on 4/11/13. Patient alleges insuredÂ¿s surgery was unnecessary and, as a result of the deficits acquired from the surgery, she has undergone multiple subsequent procedures.
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
5/24/2015			2015-008924 03
County Suit Filed in			Date of Final Disposition
Broward			8/10/2015
Other Defendants Involved in this Claim
Gary S. Wallach, DPM, P.A.
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
8/6/2015

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$200,000

Loss Adjust Expense Paid to Defense Counsel

$12,928

All Other Loss Adjustment Expense Paid

$3,046

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$0	$0
Wage Loss	$28,600	$0
Other Expenses	$0	$0

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.

Court Case # 10-37954

Indemnity Paid: $75,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201472233
Claim Number :	14728-01
Date Submitted :	10/6/2014

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	Gary		S	Wallach
Insurer Type		Street Address of Practice
Licensed		2737 E. Oakland Park Blvd.
City		State	Zip Code	County
Fort Lauderdale		FL	33306	Broward
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0018999		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO1404

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	Broward
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Outpatient Facility
Name of Institution		Code
Holy Cross Hospital		100073
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
3/24/2009		4/22/2010

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Hallux valgus, left; hallux malleus, great toe, left; hammertoe deformity, 2nd toe, left; contracture MPJ, 2nd toe, left
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Arthrodesis of hallux IPJ; McBride bunionectomy; arthroplasty of 2nd toe, all left foot
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient presented to the insured on 8/25/08 with complaints of deformity involving the left hallux. After conservative treatment failed, surgery was recommended and performed on 11/21/08. The patient was evaluated three days after surgery and noted to have a possible infection, at which time his antibiotics were changed. However, two days later drainage was noted from the wounds as well as a foul odor. The patient was hospitalized and consultations were obtained from infectious disease as well as orthopedic surgery. He underwent debridement as well as I&D on 11/29/08 and 12/2/08. At some point the screws were also removed, but this did not occur at the time of the initial I&D. It appeared that the patient made slow yet progressive improvement relative to the wound; however, the patient left the care of the insured prior to full closure. He was last seen on 3/24/09, at which time radiographs demonstrated fusion at the hallux IPJ. The patient was contacted three weeks later, and he indicated that he knew how to take care of his wound and did not need to return for follow-up. Patient claims he suffered a post-op infection and delayed healing that required hospitalization. He alleges insured failed to appropriately respond to signs and symptoms of infection following surgery, that he failed to remove internal fixation devices in order to combat infection, and that he performed multiple unnecessary surgeries at the original surgical site before removing the internal fixation devices.
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
9/17/2010			10-37954
County Suit Filed in			Date of Final Disposition
Broward			9/9/2014
Other Defendants Involved in this Claim
Gary S. Wallach DPM , P.A.
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
9/8/2014

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$75,000

Loss Adjust Expense Paid to Defense Counsel

$69,608

All Other Loss Adjustment Expense Paid

$13,326

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$403,736	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

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.

Court Case #

Indemnity Paid: $0.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201781249
Claim Number :	22761-01
Date Submitted :	2/20/2017

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	Gary		S	Wallach
Insurer Type		Street Address of Practice
Licensed		2737 E. Oakland Park Blvd.
City		State	Zip Code	County
Fort Lauderdale		FL	33306	Broward
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0018999		$250,000		$750,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO1404

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Other Outpatient Facility		Physicians Outpatient Surgery Center
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
11/11/2012		8/7/2015

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Chronic plantar fasciitis, right foot
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Endoscopic-assisted plantar fascial release, right foot
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient claims pain, difficulty walking and altered gait following plantar fascia release. She alleges the surgery was negligently performed.
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
			*NR
County Suit Filed in			Date of Final Disposition
*NR			2/7/2017
Other Defendants Involved in this Claim

Stage of Legal System at which Settlement was Reached or Award Made
Claim or suit abandoned.
Final Method of Claim Disposition
No Payment Made
Court Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Indemnity Paid by Insurer on behalf of Insured

Loss Adjust Expense Paid to Defense Counsel

$6,124

All Other Loss Adjustment Expense Paid

$1,138

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

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.

Frequently Asked Questions

Does Dr. GARY WALLACH, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. GARY WALLACH, MD has at least 3 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases