Department File Number : | M201987664 |
Claim Number : | 162079 |
Date Submitted : | 1/21/2019 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
NORCAL MUTUAL INSURANCE COMPANY | Primary | ||||
Insurer FEIN | Professional License Number | ||||
94-2301054 | |||||
Insurer Contact Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Richard | Petersen | |||
Street Address | |||||
4651 Salisbury Rd. #410 | |||||
City | State | Zip | |||
Jacksonville | FL | 32256 | |||
Phone | Ext | Fax | E-Mail Address | ||
(904) 309 - 8142 | (904) 394 - 7134 | rpetersen@norcal-group.com |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Hugh | W | Thomas | ||
Insurer Type | Street Address of Practice | ||||
Licensed | 985 S.R. 436 | ||||
City | State | Zip Code | County | ||
Casselberry | FL | 32707 | Seminole | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
724346N | $250,000 | $750,000 | |||
Profession or Business | Other Profession or Business | ||||
Osteopathic Physician | |||||
License Number | Specialty Code & Classification | Certification Number | |||
OS6004 | Family Physicians or General Practitioners - No Surgery |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
F | Seminole | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Physician's Office | |||||
Name of Institution | Code | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Date of Occurrence | Date Reported to Insurer | ||||
5/21/2015 | 3/16/2017 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
Patient was diagnosed with invasive lobular stage 3 cancer; she underwent bilateral mastectomy and on 10/25/16. | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
On or about 05/07/15, Mrs. Parrish requested a prescription for a mammogram, which was provided to her by Dr. Thomas' medical assistant. On 05/15/15, Mrs. Parrish had the mammogram images taken & interpreted by co-defendant, radiologist. This first mammogram was "inconclusive" and the radiologist recommended spot compression imaging and an ultrasound. 05/22/15, Ms. Parrish underwent these additional imaging. The radiologist interpreted the films and reported that the lumps appeared to be cysts or fibroedenoma. The radiologist concluded that there was no indication of malignancy and recommended that the patient return for yearly screening evaluations. On 02/18/16, the patient complained of fatigue and an enlarging breast lump. Dr. Thomas identified a new lesion under the nipple. Based on this presentation, on that day, Dr. Thomas immediately referred the patient for a biopsy. The biopsy confirmed a malignancy. A defense standard of care expert opined that it was appropriate for the primary care physician to rely upon the radiologist's interpretation of the patient's right breast. As such, there was no clear cut evidence of a mass requiring a biopsy; secondly, once plaintiff's symptoms worsened, Dr. Hugh Thomas referred her to an appropriate specialist.Patient was diagnosed with invasive lobular stage 3 cancer; she underwent bilateral mastectomy and on 10/25/16. The patient testified that she remains in remission. | |||||
Diagnostic Code : | |||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
*NR | |||||
Principal Injury Giving Rise To The Claim | |||||
On or about 05/07/15, Mrs. Parrish requested a prescription for a mammogram, which was provided to her by Dr. Thomas' medical assistant. On 05/15/15, Mrs. Parrish had the mammogram images taken & interpreted by co-defendant, radiologist. This first mammogram was "inconclusive" and the radiologist recommended spot compression imaging and an ultrasound. 05/22/15, Ms. Parrish underwent these additional imaging. The radiologist interpreted the films and reported that the lumps appeared to be cysts or fibroedenoma. The radiologist concluded that there was no indication of malignancy and recommended that the patient return for yearly screening evaluations. On 02/18/16, the patient complained of fatigue and an enlarging breast lump. Dr. Thomas identified a new lesion under the nipple. Based on this presentation, on that day, Dr. Thomas immediately referred the patient for a biopsy. The biopsy confirmed a malignancy. A defense standard of care expert opined that it was appropriate for the primary care physician to rely upon the radiologist's interpretation of the patient's right breast. As such, there was no clear cut evidence of a mass requiring a biopsy; secondly, once plaintiff's symptoms worsened, Dr. Hugh Thomas referred her to an appropriate specialist.Patient was diagnosed with invasive lobular stage 3 cancer; she underwent bilateral mastectomy and on 10/25/16. The patient testified that she remains in remission. | |||||
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 | ||||
9/29/2017 | 2017-CA-006630-0 | ||||
County Suit Filed in | Date of Final Disposition | ||||
Orange | 12/26/2018 | ||||
Other Defendants Involved in this Claim | |||||
Herron, Michael | |||||
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 | ||||
Other | Settled at mediation | ||||
Arbitration | |||||
Claim not subject to Arbitration. | |||||
Date of Payment | |||||
12/26/2018 |
Financial Information | |||||||||||||||||||||
Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
Indemnity Paid by Insurer on behalf of Insured | $175,000 | ||||||||||||||||||||
Loss Adjust Expense Paid to Defense Counsel | $27,848 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $0 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
Deductible | $0 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
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Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
Circumstances of the case were discussed with the insured and risk management. |
Updates | |
No updates found. |
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Does Dr. HUGH W THOMAS, MD have any medical malpractice cases, lawsuits, or complaints?
Dr. HUGH W THOMAS, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).