Dr. JAMES O'MAILIA, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. JAMES O'MAILIA, MD

1553 Matthew Drive

Fort Myers, FL

33907

Lee

Court Case # 09-CA-004665

Indemnity Paid: $225,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201057619
Claim Number :	271418
Date Submitted :	6/14/2010

Insurer Information

Insurer Name				Coverage Type
DOCTORS COMPANY, AN INTERINSURANCE EXCHANGE (THE)				Primary
Insurer FEIN		Professional License Number
95-3014772
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Angela			LaFrance
Street Address
13450 W. Sunrise Blvd., Suite 160
City				State	Zip
Sunrise				FL	33323
Phone	Ext	Fax	E-Mail Address
(954) 838 - 9988		(866) 636 - 5421	alafrance@thedoctors.com

Insured Information

Type	First Name		MI	Last Name
Individual	James			O'Mailia
Insurer Type		Street Address of Practice
Licensed		1553 Matthew Drive
City		State	Zip Code	County
Fort Myers		FL	33907	Lee
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
74055		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME53585		Gastroenterology - Minor 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	Lee
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Outpatient Facility		Endoscopy center
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
11/1/2006		7/28/2009

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Chronic diarrhea.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Colonoscopy was done.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Alleged colon cancer as a result of alleged failure to follow up on colonoscopy findings.
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
10/15/2009			09-CA-004665
County Suit Filed in			Date of Final Disposition
Lee			6/1/2010
Other Defendants Involved in this Claim
James J. O'Mailia, M.D., P.A. Miter, D.O., Darren B Lee Memorial Health Systems dba Suncoast Surgical Associates Sell, M.D., Barry J Physician's Primary Care of Southwest Florida, P.L.
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
5/17/2010

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$225,000

Loss Adjust Expense Paid to Defense Counsel

$35,000

All Other Loss Adjustment Expense Paid

Injured Person's Total Non-Economic Loss

$175,000

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$50,000	$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.

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Court Case # 04-CA-001660

Indemnity Paid: $207,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200746948
Claim Number :	127493
Date Submitted :	2/27/2009

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Maria			Gonzalez
Street Address
2801 SW 149th Avenue, Suite 200
City				State	Zip
Miramar				FL	33027
Phone	Ext	Fax	E-Mail Address
(954) 602 - 5834			mgonzalez@pronational.com

Insured Information

Type	First Name		MI	Last Name
Individual	James		J	O'Mailia
Insurer Type		Street Address of Practice
Licensed		1553 Matthew Drive
City		State	Zip Code	County
Fort Myers		FL	33907	Lee
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP42771		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME53585		Gastroenterology - Minor Surgery		0

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Lee
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
3/25/2003		12/4/2003

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Tardive dyskinesia
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Failure to properly monitor the use of Reglan
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
There was no misdiagnosis made
Principal Injury Giving Rise To The Claim
Tardive dyskinesia
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
4/23/2004			04-CA-001660
County Suit Filed in			Date of Final Disposition
Lee			8/31/2007
Other Defendants Involved in this Claim
Gastroenterology Consultants
Stage of Legal System at which Settlement was Reached or Award Made
After court verdict and prior to filing of notice of appeal.
Final Method of Claim Disposition
Disposed of by Court
Court Decision			Other
Judgment for the plaintiff.
Arbitration
Claim not subject to Arbitration.
Date of Payment
9/10/2007

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$207,000

Loss Adjust Expense Paid to Defense Counsel

$54,799

All Other Loss Adjustment Expense Paid

$46,009

Injured Person's Total Non-Economic Loss

$207,000

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

Insured discussed claim with medical experts and insurance personnel.

Updates

Date of Change:

2/27/2009 12:05:38 PM

Reason for Change:

Additional invoices paid after file closed.

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	29534	54799
All Other Loss Adjustment Expense Paid	21361	46009

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Court Case # 13-CA-002821

Indemnity Paid: $180,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201678002
Claim Number :	308280
Date Submitted :	4/21/2016

Insurer Information

Insurer Name				Coverage Type
DOCTORS COMPANY, AN INTERINSURANCE EXCHANGE (THE)				Primary
Insurer FEIN		Professional License Number
95-3014772
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	AUDRA		M	FLOYD
Street Address
13450 WEST SUNRISE BLVD
City				State	Zip
SUNRISE				FL	33323
Phone	Ext	Fax	E-Mail Address
(877) 320 - 0748	3111	(866) 636 - 5421	afloyd@thedoctors.com

Insured Information

Type	First Name		MI	Last Name
Individual	James		J	O'Mailia
Insurer Type		Street Address of Practice
Licensed		1553 Matthew Drive
City		State	Zip Code	County
Fort Myers		FL	33907	Lee
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
0074055		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME53585		Gastroenterology - 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	Lee
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Outpatient Facility		Other outpatient facility
Name of Institution		Code
N/A		000000
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
3/10/2011		7/22/2013

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient presented to insured for Crohn's disease.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Insured performed a colonoscopy.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged perforation during colonoscopy.
Principal Injury Giving Rise To The Claim
Perforated colon.
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
10/15/2013			13-CA-002821
County Suit Filed in			Date of Final Disposition
Lee			3/18/2016
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
3/18/2016

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$180,000

Loss Adjust Expense Paid to Defense Counsel

$100,000

All Other Loss Adjustment Expense Paid

Injured Person's Total Non-Economic Loss

$180,000

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.

Frequently Asked Questions

Does Dr. JAMES O'MAILIA, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. JAMES O'MAILIA, MD has at least 3 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases