Dr. HECTOR DIAZ, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. HECTOR DIAZ, MD

117 WEST ALEXANDER STREET

PLANT CITY, FL

33566

Hillsborough

Court Case # 08-13424

Indemnity Paid: $300,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201366293
Claim Number :	SH-PHY-07-71738 2
Date Submitted :	3/4/2013

Insurer Information

Insurer Name				Coverage Type
LEXINGTON INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
25-1149494
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Kathy		A	Stockton
Street Address
9821 Katy Freeway
City				State	Zip
Houston				TX	77024
Phone	Ext	Fax	E-Mail Address
(713) 935 - 2404		(713) 461 - 8130	kathy_stockton@westernlitigation.com

Insured Information

Type	First Name		MI	Last Name
Individual	HECTOR			DIAZ
Insurer Type		Street Address of Practice
Licensed		117 WEST ALEXANDER STREET
City		State	Zip Code	County
PLANT CITY		FL	33566	Hillsborough
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
6794385		$1,000,000		$1,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME50679		Emergency Medicine - Including Major Surgery

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Emergency Room
Name of Institution		Code
SOUTH FLORIDA BAPTIST HOSPITAL		100132
Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
4/16/2006		9/14/2007

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
PATIENT PRESENTED TO E.D. WITH HISTORY OF DIARRHEA ANDVOMITING FOR 3 DAYS. WHILE IN TRIAGE HE WAS GIVENMOTRIN, THEN SENT TO A ROOM IN E.D.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
SEEN BY N.P., WHO WAS SUPERVISED BY SUBJECT OF THISREPORT. THE N.P. EXAMINED THE PATIENT, NOTED EXAM TO BENORMAL. NO RESPIRATORY DISTRESS. PATIENT HAD NOT SELFTREATED EXCEPT FOR TAKING DAYQUIL AND WAS NOT TAKINGFLUIDS. HE WAS GIVEN ANOTHER DOSE OF MOTRIN AND FLUIDSWHILE IN E.D. HE WAS LATER DISCHARGED WITH APRESCRIPTION FOR AN ANTOBIOTIC AND INSTRUCTIONS TO TAKEPLENTY OF FLUIDS AND FOLLOW UP WITH HIS DOCTOR IN 2DAYS. THE IMPRESSION WAS VIRAL ILLNESS. AT DISCHARGEVITALS WERE NORMAL WITH EXCEPTION OF LOW BP. THEPATIENT RETURNED THE FOLLOWING DAY TO THE E.D. AND ONTHIS VISIT HE GAVE A HISTORY OF ASTHMA, WHICH HE DID NOTPROVIDE ON THE PREVIOUS DAY'S PRESENTATION IN E.D.PATIENT STATED HE HAD RUN OUT OF ALBUTEROL. VITALS WEREWORSE. PATIENT THEN EXPERIENCED SEIZURE WHILE IN E.D.;CODE WAS CALLED BUT PATIENT EXPIRED. COD LISTED ASLOBAR PNEUMONIA WITH LUNG ABSCESSES DUE TO STREPINFECTION.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
FAILURE TO DIAGNOSE AND TREAT PNEUMONIA
Principal Injury Giving Rise To The Claim
PNEUMONIA RESULTING IN DEATH.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
7/8/2008			08-13424
County Suit Filed in			Date of Final Disposition
Hillsborough			3/25/2011
Other Defendants Involved in this Claim

Stage of Legal System at which Settlement was Reached or Award Made
During trial, but before court verdict.
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
Other			SETTLED BY PARTIES
Arbitration
Claim subject to arbitration, but settlement reached in lieu of award.
Date of Payment
5/5/2010

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$300,000

Loss Adjust Expense Paid to Defense Counsel

$51,296

All Other Loss Adjustment Expense Paid

$1,706

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

UNKNOWN

Updates

No updates found.

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Court Case # 01-004463

Indemnity Paid: $300,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201367033
Claim Number :	SH-A-33523
Date Submitted :	5/9/2013

Insurer Information

Insurer Name				Coverage Type
RDA Sterling Healthcare				Primary
Insurer FEIN		Professional License Number
00-000000		SI
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Kathy		A	Stockton
Street Address
9821 Katy Freeway
City				State	Zip
Houston				TX	77024
Phone	Ext	Fax	E-Mail Address
(713) 935 - 2404		(713) 461 - 8130	kathy_stockton@westernlitigation.com

Insured Information

Type	First Name		MI	Last Name
Individual	HECTOR			DIAZ
Insurer Type		Street Address of Practice
Self-Insurer		117 WEST ALEXANDER STREET, APT. 168
City		State	Zip Code	County
PLANT CITY		FL	33566	Hillsborough
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
4762470		$300,000		$300,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME50679		Emergency Medicine - Including Major Surgery

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Emergency Room
Name of Institution		Code
SOUTH FLORIDA BAPTIST HOSPITAL		100132
Location of Institutional Injury		Other Location of Institutional Injury
Critical Care Unit
Date of Occurrence		Date Reported to Insurer
11/17/1998		1/19/2001

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
COMPLAINTS OF BODY ACHES, FEVER WITH HEADACHE
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
MEDICATION GIVEN FOR HEADACHES AND LABS DRAWN.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
DIAGNOSED WITH ACUTE GASTRITIS
Principal Injury Giving Rise To The Claim
SUBARACHNOID HEMORRHAGE
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
1/15/2009			01-004463
County Suit Filed in			Date of Final Disposition
Hillsborough			5/9/2013
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 subject to arbitration, but settlement reached in lieu of award.
Date of Payment
4/16/2013

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$300,000

Loss Adjust Expense Paid to Defense Counsel

$40,209

All Other Loss Adjustment Expense Paid

$849

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

UNKNOWN

Updates

No updates found.

This page is not displaying certain sensitive information.

Frequently Asked Questions

Does Dr. HECTOR DIAZ, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. HECTOR DIAZ, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).