Dr. JAMES J GILIBERTO, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. JAMES J GILIBERTO, MD

2965 SE 3rd Court

Ocala, FL

34471

Marion

Court Case # 02-378-CAG

Indemnity Paid: $230,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200535172
Claim Number :	A00-22848-99
Date Submitted :	5/12/2005

Insurer Information

Insurer Name				Coverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INC				Primary
Insurer FEIN		Professional License Number
59-6614702
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Cheri		M	Montague
Street Address
1000 Riverside Drive, Suite 800
City				State	Zip
Jacksonville				FL	32204
Phone	Ext	Fax	E-Mail Address
(800) 741 - 3742	3043	(904) 358 - 6728	montague@fpic.com

Insured Information

Type	First Name		MI	Last Name
Individual	James		J	Giliberto
Insurer Type		Street Address of Practice
Licensed		2965 SE 3rd Court
City		State	Zip Code	County
Ocala		FL	34471	Marion
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
36374		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
OS7533		Surgery - Cardiovascular Disease		80146

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
MARION COMMUNITY HOSPITAL		100212
Location of Institutional Injury		Other Location of Institutional Injury
Recovery Room
Date of Occurrence		Date Reported to Insurer
12/3/1999		7/31/2000

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Cholecystitis & cholelithiasis.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Laparoscopic cholecystectomy.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Possible underlying cardiac condition.
Principal Injury Giving Rise To The Claim
Death from postoperative MI.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
2/26/2002			02-378-CAG
County Suit Filed in			Date of Final Disposition
Marion			4/14/2005
Other Defendants Involved in this Claim
Urban, M.D., Paul Giovanelli, M.D., Richard Prashad, M.D., Rakesh Ocala Regional 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
4/14/2005

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$230,000

Loss Adjust Expense Paid to Defense Counsel

$102,045

All Other Loss Adjustment Expense Paid

$87,813

Injured Person's Total Non-Economic Loss

$230,000

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$70,000	$0
Wage Loss	$260,000	$400,000
Other Expenses	$25,000	$0

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

Insurance company staff consulted with insured to discuss preventative measures. Risk management referral is made if appropriate.

Updates

No updates found.

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Court Case # 03-1084-CA-K

Indemnity Paid: $175,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200642862
Claim Number :	A03-27902-02
Date Submitted :	10/24/2006

Insurer Information

Insurer Name				Coverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INC				Primary
Insurer FEIN		Professional License Number
59-6614702
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Cheri		M	Montague
Street Address
1000 Riverside Avenue, Suite 800
City				State	Zip
Jacksonville				FL	32204
Phone	Ext	Fax	E-Mail Address
(800) 741 - 3742	3043	(904) 358 - 6728	montague@fpic.com

Insured Information

Type	First Name		MI	Last Name
Individual	James		J	Giliberto
Insurer Type		Street Address of Practice
Licensed		2965 SE 3rd Court
City		State	Zip Code	County
Ocala		FL	34471	Marion
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
55262		$250,000		$750,000
Profession or Business			Other Profession or Business
Osteopathic Physician
License Number		Specialty Code & Classification		Certification Number
OS7533		Cardiovascular Disease - Minor Surgery		80146

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
OCALA REGIONAL MEDICAL CENTER		100212
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
2/1/2002		2/13/2003

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Lymph node formed on the right shoulder at the base of the neck.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Lymph node biopsy resulted in inadvertent damage to the spinal accessory nerve.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
Nerve damage to the trapezius and sternocleidomastoid region resulting in loss of strength.
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs.Includes non-disabling injuries.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
5/29/2003			03-1084-CA-K
County Suit Filed in			Date of Final Disposition
Marion			10/5/2006
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 not subject to Arbitration.
Date of Payment
10/5/2006

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

$27,774

All Other Loss Adjustment Expense Paid

$26,258

Injured Person's Total Non-Economic Loss

$175,000

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$36,000	$0
Wage Loss	$0	$0
Other Expenses	$2,500	$0

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

Insurance company staff consulted with insured to discuss preventative measures. Risk management referral is made if appropriate.

Updates

No updates found.

This page is not displaying certain sensitive information.

Court Case # 02-1472-CP

Indemnity Paid: $75,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200851243
Claim Number :	27370-03
Date Submitted :	10/29/2008

Insurer Information

Insurer Name				Coverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INC				Primary
Insurer FEIN		Professional License Number
59-6614702
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Odessa			Choice
Street Address
1000 Riverside Avenue, Suite 800
City				State	Zip
Jacksonville				FL	32204
Phone	Ext	Fax	E-Mail Address
(800) 741 - 3742	3045	(904) 358 - 6728	odessa.choice@fpic.com

Insured Information

Type	First Name		MI	Last Name
Individual	James			Giliberto
Insurer Type		Street Address of Practice
Licensed		2965 SE 3rd Court
City		State	Zip Code	County
Ocala		FL	34471	Marion
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
55262		$250,000		$750,000
Profession or Business			Other Profession or Business
Osteopathic Physician
License Number		Specialty Code & Classification		Certification Number
OS7533		Surgery - Cardiovascular Disease		80146

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
MUNROE REGIONAL MEDICAL CENTER		100062
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
10/13/2000		12/9/2002

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient was re-admitted to the hospital post L4-5 diskectomy with a surgical wound infection.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged failure to properly treat infection , caused death.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
Death.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
4/8/2003			02-1472-CP
County Suit Filed in			Date of Final Disposition
Marion			10/7/2008
Other Defendants Involved in this Claim
Lowell, M.D., David Mishkind, M.D., Mark Falestiny, M.D., Magdy
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
10/7/2008

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$75,000

Loss Adjust Expense Paid to Defense Counsel

All Other Loss Adjustment Expense Paid

$5,466

Injured Person's Total Non-Economic Loss

$75,000

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$71,393	$0
Wage Loss	$84,000	$872,952
Other Expenses	$5,000	$540,000

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

Insurance company staff consulted with insured to discuss preventative measures. Risk management referral is made if appropriate.

Updates

No updates found.

This page is not displaying certain sensitive information.

Frequently Asked Questions

Does Dr. JAMES J GILIBERTO, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. JAMES J GILIBERTO, MD has at least 3 medical malpractice case(s), lawsuit(s), or complaint(s).