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

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Phycicians Practice Address

Dr. JAMES MCMULLEN, MD

4320 Point Court

Port Charlotte, FL

33948

Charlotte

Court Case # 06-1355-CA

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200955625
Claim Number :	EMC-FL-06-51413
Date Submitted :	12/1/2009

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	Nancy		J	Thomas
Street Address
9821 Katy Freeway
City				State	Zip
Houston				TX	77024
Phone	Ext	Fax	E-Mail Address
(713) 935 - 8868		(713) 461 - 8130	nancy_thomas@ajg.com

Insured Information

Type	First Name		MI	Last Name
Individual	James			McMullen
Insurer Type		Street Address of Practice
Licensed		4320 Point Court
City		State	Zip Code	County
Port Charlotte		FL	33948	Charlotte
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
HAZ1040025381-4		$250,000		$750,000
Profession or Business			Other Profession or Business
Osteopathic Physician
License Number		Specialty Code & Classification		Certification Number
OS5793		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
			M	Charlotte
City			State	Zip Code

Location where injury occured		Other location where injury occured
Emergency Room
Name of Institution		Code
CHARLOTTE REGIONAL MEDICAL CENTER		100047
Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
6/10/2004		5/19/2006

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Cervical injury
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged failure to diagnose, failure to order additional studies, failure to allow transport without proper immobilization
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Management of treatment
Principal Injury Giving Rise To The Claim
Quadriplegia
Severity Of Injury
Permanent: Grave - Quadraplegia, severe brain damage, lifelong care or fatal prognosis.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
9/28/2006			06-1355-CA
County Suit Filed in			Date of Final Disposition
Charlotte			11/30/2009
Other Defendants Involved in this Claim
Bada, M.D., Alvaro R Charlotte 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 subject to arbitration, but settlement reached in lieu of award.
Date of Payment
5/7/2009

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$1,000,000

Loss Adjust Expense Paid to Defense Counsel

$33,615

All Other Loss Adjustment Expense Paid

$9,821

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

Updates

No updates found.

This page is not displaying certain sensitive information.

Court Case # 16000124CA

Indemnity Paid: $625,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201781542
Claim Number :	EMC-FL-15-314615
Date Submitted :	3/24/2017

Insurer Information

Insurer Name				Coverage Type
EmCare Holdings, Inc.				Primary
Insurer FEIN		Professional License Number
75-173235		SI
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Kathy		A	Stockton
Street Address
1900 W. LOOP S., STE. 1500
City				State	Zip
Houston				TX	77027
Phone	Ext	Fax	E-Mail Address
(713) 935 - 2404		(713) 461 - 8130	kathy_stockton@westernlitigation.com

Insured Information

Type	First Name		MI	Last Name
Individual	JAMES			MCMULLEN
Insurer Type		Street Address of Practice
Self-Insurer		809 E. MARION AVE.
City		State	Zip Code	County
PUNTA GORDA		FL	33950	Charlotte
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
HAZ1040025381-13		$250,000		$750,000
Profession or Business			Other Profession or Business
Osteopathic Physician
License Number		Specialty Code & Classification		Certification Number
OS5793		Emergency Medicine - No Major 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	Charlotte
City			State	Zip Code

Location where injury occured		Other location where injury occured
Emergency Room
Name of Institution		Code
CHARLOTTE REGIONAL MEDICAL CENTER		100047
Location of Institutional Injury		Other Location of Institutional Injury
Other		ER
Date of Occurrence		Date Reported to Insurer
5/8/2015		7/27/2015

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
SPINAL EPIDURAL ABSCESS
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
SEEN IN ER
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
FAILURE TO DX AND TX SPINAL EPIDURAL ABSCESS
Principal Injury Giving Rise To The Claim
PARALYSIS
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
1/21/2016			16000124CA
County Suit Filed in			Date of Final Disposition
Charlotte			3/24/2017
Other Defendants Involved in this Claim

Stage of Legal System at which Settlement was Reached or Award Made
Within 90 days of suit being filed.
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
12/22/2016

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$625,000

Loss Adjust Expense Paid to Defense Counsel

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

Updates

No updates found.

This page is not displaying certain sensitive information.

Court Case # 15000114CA

Indemnity Paid: $300,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201782094
Claim Number :	EMC-FL-14-274303
Date Submitted :	5/12/2017

Insurer Information

Insurer Name				Coverage Type
EmCare Holdings, Inc.				Primary
Insurer FEIN		Professional License Number
75-173235		SI
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Kathy		A	Stockton
Street Address
1900 W. LOOP S., STE. 1500
City				State	Zip
Houston				TX	77027
Phone	Ext	Fax	E-Mail Address
(713) 935 - 2404		(713) 461 - 8130	kathy_stockton@westernlitigation.com

Insured Information

Type	First Name		MI	Last Name
Individual	JAMES			MCMULLEN
Insurer Type		Street Address of Practice
Self-Insurer		809 EAST MARION AVENUE
City		State	Zip Code	County
PUNTA GORDA		FL	33950	Charlotte
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
HAZ1040025381-12		$250,000		$750,000
Profession or Business			Other Profession or Business
Osteopathic Physician
License Number		Specialty Code & Classification		Certification Number
OS5793		Emergency Medicine - No Major 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	Charlotte
City			State	Zip Code

Location where injury occured		Other location where injury occured
Emergency Room
Name of Institution		Code
CHARLOTTE REGIONAL MEDICAL CENTER		100047
Location of Institutional Injury		Other Location of Institutional Injury
Other		ER
Date of Occurrence		Date Reported to Insurer
6/3/2013		9/9/2014

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
HAND SWELLING
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
SEEN IN ER
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
UNKNOWN DIAGNOSIS
Principal Injury Giving Rise To The Claim
LOSS OF USE OF ARM
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs. Includes non-disabling injuries.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
1/19/2015			15000114CA
County Suit Filed in			Date of Final Disposition
Charlotte			4/17/2017
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
12/15/2016

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

$108,530

All Other Loss Adjustment Expense Paid

$75,262

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

Updates

No updates found.

This page is not displaying certain sensitive information.

Court Case # 07-103 CA

Indemnity Paid: $200,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200952675
Claim Number :	EMC-FL-06-54805
Date Submitted :	2/26/2009

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	Nancy		J	Thomas
Street Address
9821 Katy Freeway
City				State	Zip
Houston				TX	77024
Phone	Ext	Fax	E-Mail Address
(713) 935 - 8868		(713) 461 - 8130	nancy_thomas@ajg.com

Insured Information

Type	First Name		MI	Last Name
Individual	James			McMullen
Insurer Type		Street Address of Practice
Licensed		4320 Point Court
City		State	Zip Code	County
Port Charlotte		FL	33948	Charlotte
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
HAZ1040025381-4		$250,000		$750,000
Profession or Business			Other Profession or Business
Osteopathic Physician
License Number		Specialty Code & Classification		Certification Number
OS5793		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
			M	Charlotte
City			State	Zip Code

Location where injury occured		Other location where injury occured
Emergency Room
Name of Institution		Code
CHARLOTTE REGIONAL MEDICAL CENTER		100047
Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
1/21/2005		8/4/2006

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Stroke
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged failure to diagnose
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis.Patient was admitted to the floor with orders for consults from neurosurgeon and pulmonologist
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
12/22/2006			07-103 CA
County Suit Filed in			Date of Final Disposition
Charlotte			2/25/2009
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
12/30/2008

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$200,000

Loss Adjust Expense Paid to Defense Counsel

$28,507

All Other Loss Adjustment Expense Paid

$28,537

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

NA.

Updates

No updates found.

This page is not displaying certain sensitive information.

Court Case #

Indemnity Paid: $25,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201885429
Claim Number :	EHC-FL-17-371684
Date Submitted :	6/4/2018

Insurer Information

Insurer Name				Coverage Type
EmCare Holdings, Inc.				Primary
Insurer FEIN		Professional License Number
75-173235		SI
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Kathy		A	Stockton
Street Address
1900 W. LOOP S., STE. 1500
City				State	Zip
Houston				TX	77027
Phone	Ext	Fax	E-Mail Address
(713) 935 - 2404		(713) 461 - 8130	kathy_stockton@westernlitigation.com

Insured Information

Type	First Name		MI	Last Name
Individual	JAMES			MCMULLEN
Insurer Type		Street Address of Practice
Self-Insurer		POINT CT
City		State	Zip Code	County
PORT CHARLOTTE		FL	33948	Charlotte
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
HAZ 1040025381-15		$250,000		$750,000
Profession or Business			Other Profession or Business
Osteopathic Physician
License Number		Specialty Code & Classification		Certification Number
OS5793		Emergency Medicine - No Major 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	Charlotte
City			State	Zip Code

Location where injury occured		Other location where injury occured
Emergency Room
Name of Institution		Code
CHARLOTTE REGIONAL MEDICAL CENTER		100047
Location of Institutional Injury		Other Location of Institutional Injury
Other		ER
Date of Occurrence		Date Reported to Insurer
5/4/2016		7/19/2017

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
SWELLING OF TONGUE AND LIPS
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
SEEN IN ER
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
ALLEGED FAILURE TO SECURE AIRWAY
Principal Injury Giving Rise To The Claim
DEATH
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
			*NR
County Suit Filed in			Date of Final Disposition
*NR			6/4/2018
Other Defendants Involved in this Claim

Stage of Legal System at which Settlement was Reached or Award Made
Settlement Reached Prior to Pre-Suit Period
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment
5/3/2018

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

$19,971

All Other Loss Adjustment Expense Paid

$5,146

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

Updates

No updates found.

*NR: Prior to 04/28/1999 this field was not required in submitted claims.

This page is not displaying certain sensitive information.

Frequently Asked Questions

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

Dr. JAMES MCMULLEN, MD has at least 5 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases