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

Phycicians Practice Address

Dr. GARY SMALL, MD

3850 Bird Rd.

Indemnity Paid: $200,000.00

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			Small
Insurer Type		Street Address of Practice
Licensed		3850 Bird Rd.
City		State	Zip Code	County
Miami		FL	33146	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0017351		$250,000		$750,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2363

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

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

Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
5/12/2010		10/29/2010

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Bunion deformity, left
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Modified Austin bunionectomy, left
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient presented to insured on 04-20-10 with complaints of a painful bunion deformity.Surgery was performed on 05-12-10.The initial post-op interval was unremarkable, and PT was recommended on 07-07-10 to improve range of motion; however, on 07-22-10, patient indicated that the hallux did not dorsiflex with ambulation.An MRI was ordered and demonstrated a partial tear of the EHL.Surgical repair was recommended, but patient sought subsequent treatment elsewhere and underwent surgical repair.Patient alleges he suffered a partial tear of the EHL during insured¿s surgery.Our expert believes the tear to the tendon resulted from irritation from the screw head.This is supported by the notation of the amount of scar tissue at the screw head at the point of the EHL tendon tear.In addition, patient¿s documented running at an early stage of his recovery, in combination with the irritation from the screw head, most likely resulted in the tear of the tendon.
Severity Of Injury
Temporary: Major - Burns, surgical material left, drug side effect, brain damage.Recovery delayed.

Legal Information

Date of Suit			Circuit Court Case Number
12/9/2011			11-02455CA42
County Suit Filed in			Date of Final Disposition
Dade			10/2/2013
Other Defendants Involved in this Claim
Gallegos, DPM, Susan Zasada, DPM, Kevin
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
10/8/2013

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

$132,308

All Other Loss Adjustment Expense Paid

$17,281

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

None - Specialty Code #80993

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

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

Dr. GARY SMALL, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).