Dr. HUBERT H GARNSEY, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. HUBERT H GARNSEY, MD

4382 L.B. McLeod Rd.

Orlando, FL

32811

Orange

Court Case # 08-CA-16169 # 35

Indemnity Paid: $50,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201056530
Claim Number :	FL-GAR-01
Date Submitted :	2/19/2010

Insurer Information

Insurer Name				Coverage Type
APPLIED MEDICO-LEGAL SOLUTIONS RISK RETENTION GROUP, INC.				Primary
Insurer FEIN		Professional License Number
81-0603029
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Barbara			Faulkner
Street Address
9229 LBJ Freeway
City				State	Zip
Dallas				TX	75234
Phone	Ext	Fax	E-Mail Address
(469) 330 - 6355		(972) 739 - 2631	bfaulkner@bpmp.com

Insured Information

Type	First Name		MI	Last Name
Individual	HUBERT		H	GARNSEY
Insurer Type		Street Address of Practice
Licensed		4382 L.B. McLeod Rd.
City		State	Zip Code	County
Orlando		FL	32811	Orange
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
I-AMS-115169		$100,000		$300,000
Profession or Business			Other Profession or Business
Osteopathic Physician
License Number		Specialty Code & Classification		Certification Number
OS5178		Family Physicians or General Practitioners - No 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	Brevard
City			State	Zip Code

Location where injury occured		Other location where injury occured
Physician's Office
Name of Institution		Code
N/A		000000
Location of Institutional Injury		Other Location of Institutional Injury
Other		Patient found at home
Date of Occurrence		Date Reported to Insurer
1/17/2006		4/10/2008

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient was found unresponsive in chair at home.Autopsy results indicate cause of death as accidental drug intoxication.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Was seen for prescription evaluation and refills.also indicated upper respiratory cold symptoms.Was instructed to take Robitussin DM and see family physician if symptoms worsen.Patient also indicated increased depression and suicide ideation.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleges failure to monitor prescription pain medications.
Principal Injury Giving Rise To The Claim
Was long term patient of physician being treated for pain management resulting from a work comp injury.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
7/3/2008			08-CA-16169 # 35
County Suit Filed in			Date of Final Disposition
Orange			2/19/2010
Other Defendants Involved in this Claim

Stage of Legal System at which Settlement was Reached or Award Made
Within the pre-suit period as set forth in 766.106 (more than 90 days before suit is filed).
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment
2/8/2010

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$50,000

Loss Adjust Expense Paid to Defense Counsel

$35,628

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

Review of procedures.

Updates

No updates found.

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Court Case # 48-2008-CA-016169-0

Indemnity Paid: $25,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201472589
Claim Number :	FL-GAR-01
Date Submitted :	11/7/2014

Insurer Information

Insurer Name				Coverage Type
APPLIED MEDICO-LEGAL SOLUTIONS RISK RETENTION GROUP, INC.				Primary
Insurer FEIN		Professional License Number
81-0603029
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Julie			Moore
Street Address
101 E. Park Blvd.
City				State	Zip
Plano				TX	75074
Phone	Ext	Fax	E-Mail Address
(866) 520 - 6896			jmontague@bpmp.com

Insured Information

Type	First Name		MI	Last Name
Individual	HUBERT			GARNSEY
Insurer Type		Street Address of Practice
Licensed		4382 LB McLeod Road
City		State	Zip Code	County
Orlando		FL	32811	Orange
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
I-AMS-115169		$100,000		$300,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
OS5178		Physicians - No Surgery

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	Brevard
City			State	Zip Code

Location where injury occured		Other location where injury occured
Physician's Office
Name of Institution		Code
N/A		000000
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
1/17/2006		4/10/2008

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Accidental drug intoxication
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Accidental drug intoxication
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Upper respiratory infection
Principal Injury Giving Rise To The Claim
Insured Physician prescribed Robitussin DM and advised patient to follow up with his family physician. Patient was found unresponsive at home.
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
8/5/2008			48-2008-CA-016169-0
County Suit Filed in			Date of Final Disposition
Orange			8/14/2014
Other Defendants Involved in this Claim
Gutman, E.Michael Ballentine, Ralph E
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
4/24/2014

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$25,000

Loss Adjust Expense Paid to Defense Counsel

All Other Loss Adjustment Expense Paid

Injured Person's Total Non-Economic Loss

Deductible

$54,629

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

Follow up of prescription pain medication on a timely basis.

Updates

No updates found.

This page is not displaying certain sensitive information.

Frequently Asked Questions

Does Dr. HUBERT H GARNSEY, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. HUBERT H GARNSEY, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases