Dr. HERBERT W ACKEN, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. HERBERT W ACKEN, MD

220 Avenue O Southeast

Winter Haven, FL

33880

Polk

Court Case # G-98-582

Indemnity Paid: $325,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200639102
Claim Number :	E25860-01
Date Submitted :	1/23/2007

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type		Entity Name
Entity		ProNational Insurance Company
Street Address
13919 Carrollwood Village Run
City				State	Zip
Tampa				FL	33618
Phone	Ext	Fax	E-Mail Address
(813) 969 - 2010		(813) 969 - 2120	SNorris@ProAssurance.com

Insured Information

Type	First Name		MI	Last Name
Individual	Herbert		W	Acken
Insurer Type		Street Address of Practice
Licensed		220 Avenue O Southeast
City		State	Zip Code	County
Winter Haven		FL	33880	Polk
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
PNFL-0002000-00		$500,000		$1,500,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME22227		Surgery - Obstetrics - Gynecology		00000

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
WINTER HAVEN HOSPITAL		100052
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
9/10/1996		4/21/1997

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Pelvic mass.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Total abdominal hysterectomy and salpingo-oophorectomy.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged delay in diagnosis of ovarian cancer.
Principal Injury Giving Rise To The Claim
Patient died of metastatic disease.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
3/3/1998			G-98-582
County Suit Filed in			Date of Final Disposition
Polk			12/7/2005
Other Defendants Involved in this Claim
Koike, Masuo J Obstetrics Associates of Winter Haven, P.A.
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			Settlement following verdict.No judgment entered
Arbitration
Claim not subject to Arbitration.
Date of Payment
12/8/2005

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$325,000

Loss Adjust Expense Paid to Defense Counsel

$129,427

All Other Loss Adjustment Expense Paid

$128,899

Injured Person's Total Non-Economic Loss

$325,000

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

Insured has discussed case with insurance company personnel, medical experts and defense counsel.

Updates

Date of Change:

1/23/2007 3:23:15 PM

Reason for Change:

Updating to reflect additional costs paid after the file was closed.

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	128899	129427
All Other Loss Adjustment Expense Paid	128953	128899

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Court Case # 532004ca000338000000

Indemnity Paid: $150,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200641555
Claim Number :	502287
Date Submitted :	7/10/2006

Insurer Information

Insurer Name				Coverage Type
AMERICAN HEALTHCARE INDEMNITY COMPANY				Primary
Insurer FEIN		Professional License Number
59-2048400
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Deborah		A	Fuller
Street Address
1888 Century Park East, #800
City				State	Zip
Los Angeles				CA	90067
Phone	Ext	Fax	E-Mail Address
(310) 556 - 7414			dfuller@scpie.com

Insured Information

Type	First Name		MI	Last Name
Individual	HERBERT		W	ACKEN
Insurer Type		Street Address of Practice
Licensed		116 Bates Ave SW
City		State	Zip Code	County
Winter Haven		FL	33880	Polk
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
51509		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME22227		Surgery - Obstetrics - Gynecology

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
WINTER HAVEN-REGENCY		120010
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
1/2/2002		9/19/2003

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Pregnancy with complications of placenta previa
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
C-section
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis made
Principal Injury Giving Rise To The Claim
Severe profound brain damage, cerebral palsy and developmental delays
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
2/6/2004			532004ca000338000000
County Suit Filed in			Date of Final Disposition
Polk			1/10/2005
Other Defendants Involved in this Claim
Koike, MD, MasuoJ Obstetrics Assoc. of Winter Haven Radiology and Imaging Specialists of Lakeland, PA Henricks, MD , Bret Winter Haven Hospital Inc. DBA Regency Medical Center
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
1/10/2005

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$150,000

Loss Adjust Expense Paid to Defense Counsel

All Other Loss Adjustment Expense Paid

$1,205

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

N/A

Updates

No updates found.

This page is not displaying certain sensitive information.

Frequently Asked Questions

Does Dr. HERBERT W ACKEN, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. HERBERT W ACKEN, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).