Dr. JAMES LINVILLE, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. JAMES LINVILLE, MD

1555 Saxon Blvd., Suite 103

Deltona, FL

32725

Volusia

Court Case # 14-CA-1008-MP

Indemnity Paid: $165,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201573763
Claim Number :	13-0253-A-12
Date Submitted :	1/7/2016

Insurer Information

Insurer Name				Coverage Type
FD INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
20-3704679
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Tamla			Lloyd
Street Address
4651 Salisbury Road, Suite 410
City				State	Zip
Jacksonville				FL	32256
Phone	Ext	Fax	E-Mail Address
(904) 296 - 2887	212	(904) 296 - 1245	tlloyd@fdinsurancecompany.com

Insured Information

Type	First Name		MI	Last Name
Individual	JAMES			LINVILLE
Insurer Type		Street Address of Practice
Licensed		9582 W. Colonial Dr., Ste. 200-B
City		State	Zip Code	County
Ocoee		FL	34761	Orange
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MG000349		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME18183		Radiology - Diagnostic - 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
			F	Orange
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Outpatient Facility
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
2/15/2012		12/9/2013

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient had a chest x-ray ordered to check for tuberculosis as part of a pre-employment screening.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
None shown
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None made
Principal Injury Giving Rise To The Claim
Alleging that Dr. Linville missed a mass in the pt's lung which could have led to dx pt's breast cancer.
Severity Of Injury
Permanent: Grave - Quadraplegia, severe brain damage, lifelong care or fatal prognosis.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
4/14/2014			14-CA-1008-MP
County Suit Filed in			Date of Final Disposition
Osceola			2/13/2015
Other Defendants Involved in this Claim
Simonmed Imaging Florida LLC D/B/A Simonmed Imaging Drew Medical, Inc.
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
2/13/2015

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$165,000

Loss Adjust Expense Paid to Defense Counsel

$67,247

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

Circumstances of this case have been discussed with insured and Risk Management was notified.Risk management has discussed case with insured.

Updates

Date of Change:

1/7/2016 3:23:48 PM

Reason for Change:

Updated LAE amount.

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	56705	67247

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Court Case # 2004-10104-CIDL-01

Indemnity Paid: $35,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200536604
Claim Number :	002
Date Submitted :	9/9/2005

Insurer Information

Insurer Name				Coverage Type
Linville, Adcook & Dexter, M.D., P.A.				Primary
Insurer FEIN		Professional License Number
59-1229900		ME21202
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Teddi		B	Dovan
Street Address
1555 Saxon Boulevard
City				State	Zip
Deltona				FL	32725
Phone	Ext	Fax	E-Mail Address
(386) 574 - 5748		(386) 574 - 0712	teddilad@yahoo.com

Insured Information

Type	First Name		MI	Last Name
Individual	James		J	Linville
Insurer Type		Street Address of Practice
Self-Insurer		1555 Saxon Blvd., Suite 103
City		State	Zip Code	County
Deltona		FL	32725	Volusia
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
002		$999,999		$999,999
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME18183		Radiology - Diagnostic - 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
			F	Volusia
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
11/7/2000		9/9/2003

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient was seen for screening mammogram on palpable nodule in her right breast.Patient was later diagnoed with an invasive carcinoma in the right breat.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
None.However, Plaintiff alleged that Dr. Linville failed to diagnose intraductal carcinoma in plaintiff's right breast on a November 7, 2000 mammogram, which was a screening for a palpable nodule. The patient had dense, fibrocystic breasts. There was no apparent change on the mammogram from the November 1999 mammograms, which were done at another facility but that Dr. Linville was able to review.Dr. Linville's report indicated that not all breast tumors are visible on mammogram and that clinical finding should be followed up by the clinician. Apparently heeding this warning, the owner-physician of the patient?s family practice group appropriately referred the patient to a surgeon for the nodule, however the surgeon only treated another unrelated surgical issue.On plaintiff's return to the family physician group, where she was seen by an employee physician, the surgeon's failure to address the right breast issue in any fashion was apparently overlooked and the patient was not referred back to the surgeon. (The family physician group settled in pre-suit for the liability of the owner-physician and the employee-physician). The tumor was diagnosed at the next year's screening mammogram on November 14, 2001.Dr. Linville disputes that the cancer was diagnosable on November 7, 2000.
Diagnostic Code :		174.9
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.However, Plaintiff alleged that Dr. Linville failed to diagnose intraductal carcinoma in plaintiff's right breast on a November 7, 2000 mammogram, which was a screening for a palpable nodule. The patient had dense, fibrocystic breasts. There was no apparent change on the mammogram from the November 1999 mammograms, which were done at another facility but that Dr. Linville was able to review.Dr. Linville's report indicated that not all breast tumors are visible on mammogram and that clinical finding should be followed up by the clinician. Apparently heeding this warning, the owner-physician of the patient?s family practice group appropriately referred the patient to a surgeon for the nodule, however the surgeon only treated another unrelated surgical issue.On plaintiff's return to the family physician group, where she was seen by an employee physician, the surgeon's failure to address the right breast issue in any fashion was apparently overlooked and the patient was not referred back to the surgeon. (The family physician group settled in pre-suit for the liability of the owner-physician and the employee-physician). The tumor was diagnosed at the next year's screening mammogram on November 14, 2001.Dr. Linville disputes that the cancer was diagnosable on November 7, 2000.
Principal Injury Giving Rise To The Claim
Plaintiff claimed that an earlier diagnosis might have allowed for a different treatment protocol.Dr. Linville disputed this, as the cancer was of a very slow-growing variety, according to Defendant's pathology and oncology experts, and with the node involvement, the treatment would have been the same, regardless.
Severity Of Injury
Emotional Only - Fright, no physical damage

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
1/22/2004			2004-10104-CIDL-01
County Suit Filed in			Date of Final Disposition
Volusia			8/25/2005
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
8/10/2005

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$35,000

Loss Adjust Expense Paid to Defense Counsel

All Other Loss Adjustment Expense Paid

Injured Person's Total Non-Economic Loss

$23,000

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$12,000	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

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

(Note regarding indemnity/deductible/defense costs:This claim was covered for defense costs by Gulf Atlantic on a legal defense insurance policy.However, no indeminity coverage was provided for either settlement or judgments.Thus the entire settlement was paid by the group, while they paid none of the defense costs)Dr. Linville remains convinced his care was appropriate.This case was settled purely as an economic decision, in order to remove the risks of the potential exposure in this claim, although defense remained convinced this case was very defensible.In November 2003, Dr, Linville did complete a breast imaging CME course "Changes in Lattitude, Changes in Attitude: Breast Imaging Update," after receiving notice of this claim.Additionally, on recommendation of a radiology expert, the group has moved the information regarding the fact that not all tumors are visible on mammogram above their signature rather than at the bottom of the report. It was suggested that this provided more emphasis on the need of the family practice (or other referring) physician to follow up on clinical findings.

Updates

No updates found.

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Frequently Asked Questions

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

Dr. JAMES LINVILLE, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases