Dr. HOWARD GERSHMAN, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. HOWARD GERSHMAN, MD

2335 SE 4th Place

Homestead, FL

33033

Dade

Court Case # 09-03180CA11

Indemnity Paid: $300,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200954824
Claim Number :	SHI-08-80909
Date Submitted :	9/10/2009

Insurer Information

Insurer Name				Coverage Type
CONTINENTAL CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
36-2114545
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Kathy			Stockton
Street Address
9821 Katy Freeway
City				State	Zip
Houston				TX	77024
Phone	Ext	Fax	E-Mail Address
(713) 935 - 2404		(713) 722 - 1603	kathy_stockton@ajg.com

Insured Information

Type	First Name		MI	Last Name
Individual	Howard			Gershman
Insurer Type		Street Address of Practice
Licensed		2335 SE 4th Place
City		State	Zip Code	County
Homestead		FL	33033	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
HAZ1064401339-5		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME84723		Emergency Medicine - No 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
			F	Dade
City			State	Zip Code

Location where injury occured		Other location where injury occured
Emergency Room
Name of Institution		Code
BAPTIST HOSPITAL OF MIAMI		100008
Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
7/4/2006		8/18/2008

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
PATIENT PRESENTED TO DOCTORS HOSPITAL ON 7/4/06 WITHCOMPLAINTS OF BLURRED AND DECREASED VISION IN BOTH EYESAND REDNESS IN THE LEFT EYE.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
VISUAL ACUITY EXAM REVEALED 20/100 IN THE LEFT, 20/200 INTHE RIGHT AND 20/50 FOR BOTH. DR. GERSHMAN NOTED SHARPDISKS AND NORMAL VESSELS. A BRAIN CT W/O CONTRAST WASNEGATIVE. HE DIAGNOSED PAPILLARY DILATION SECONDARY TODARVOCET AND DISCHARGED HER TO SEE OPHTHALMOLOGIST THENEXT DAY. OPHTHALMOLOGIST SENT HER TO THE ED AT FOR ANIMMEDIATE NEUROLOGY CONSULT. SHE RETURNED TO ED AT 4:56PM ON 7/5/06 AND WAS NOT SEEN BY DR. GERSHMAN UNTIL 11:30PM. THE NEUROLOGY CONSULT DID NOT OCCUR UNTIL 4:21 AM ON7/6/08. AN LP WAS PERFORMED AT 4:52 AM AND WAS NEGATIVE.CONSULT?S IMPRESSION WAS IDIOPATHIC INTRACRANIALHYPERTENSION SO SHE CALLED AN OPHTHALMOLOGY CONSULT FOROPTIC NERVE FENESTRATION. MR W/O CONTRAST SHOWED EMPTYOR PARTIALLY EMPTY SELL AND INCREASED FLUID IN THE OPTICNERVE SHEATH BILATERALLY WHICH WAS SUSPICIOUS FORPSEUDOTUMOR CEREBRI. MRA WAS NEGATIVE. NEUROLOGIST SAWHER AT 11:30 AM ON 7/7/06 NOTING 4 + PAPILLEDEMA. SHECOULD SEE HAND MOVEMENT BUT COULD NOT COUNT FINGERS. HISPLAN WAS TO HAVE HER LOSE WEIGHT, TAKE DIAMOX AND RE?EVALUATE WITH OPHTHALMOLOGIST ON 7/7/06. OPHTHALMOLOGISTSAW HER THAT DAY AND NOTED THAT WHILE HER OPTIC NERVELOOKED BETTER, SHE STILL HAD "VOLCANIC PAPILLEDEMA."VISION WAS IMPROVING SO SURGICAL INTERVENTION WAS NOTMERITED. HIS PLAN WAS TO SEE HER IN HIS OFFICE ON7/10/06. SHE WAS DISCHARGED ON 7/8 AFTER BEING SEEN BYTWO OTHER DOCTORS. PUPILS REMAINED DILATED AT 4.5 MMWITH TUNNEL VISION STILL EVIDENT. SHE WAS GIVEN DIAMOXAND TOLD TO SEE OPHTHALMOLOGIST ON 7/10. SHE SAWOPHTHALMOLOGIST ON 7/10 WHEN VISUAL FIELD STUDIES WEREABNORMAL. HE FELT THAT HER OPTIC NERVE WAS IMPROVING INAPPEARANCE AND ASKED HER TO RETURN IN A WEEK. SHEPRESENTED TO BASCOM PALMER ON 7/13/06, WAS ADMITTED ANDUNDERWENT BILATERAL OPTIC NERVE SHEATH FENESTRATIONPROCEDURES. SHE WAS ADMITTED TO MOUNT SINAI ON 8/1/06FOR PLACEMENT OF A VENTRICULO?PERITONEAL SHUNT.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
ALLEGED FAILURE TO ORDER OPHTHALMOLOGY CONSULT RESULTINGIN LOSS OF VISION IN RIGHT EYE AND REDUCED VISION IN LEFTEYE FROM PAPILLEDEMA.If box
Principal Injury Giving Rise To The Claim
Loss of vision in right eye and reduced vision in left eye.
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
1/14/2009			09-03180CA11
County Suit Filed in			Date of Final Disposition
Dade			9/9/2009
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
7/24/2009

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

$79,881

All Other Loss Adjustment Expense Paid

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

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Frequently Asked Questions

Does Dr. HOWARD GERSHMAN, MD have any medical malpractice cases, lawsuits, or complaints?

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