Dr. JAMES W RUST, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. JAMES W RUST, MD

1890 LPGA Blvd.

Daytona Beach, FL

32117

Volusia

Court Case # 2005-32000CICI

Indemnity Paid: $64,675.00

Medical Malpractice Closed Claims Report

Department File Number :	M200954505
Claim Number :	9913-01
Date Submitted :	8/4/2009

Insurer Information

Insurer Name				Coverage Type
PODIATRY INSURANCE COMPANY OF AMERICA				Primary
Insurer FEIN		Professional License Number
58-1403235
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Karen			Kessler
Street Address
3000 Meridian Blvd., Suite 400
City				State	Zip
Franklin				TN	37067
Phone	Ext	Fax	E-Mail Address
(615) 371 - 8776	2249		kkessler@picagroup.com

Insured Information

Type	First Name		MI	Last Name
Individual	JAMES		W	RUST
Insurer Type		Street Address of Practice
Licensed		1890 LPGA Blvd.
City		State	Zip Code	County
Daytona Beach		FL	32117	Volusia
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0011178		$250,000		$750,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO1823

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	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
8/18/2003		8/8/2005

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Plantar fasciiitis versus calcaneal stress fracture, right foot
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Cam walker dispensed
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Initially, patient appeared to improve but later presented with continued complaints of pain.Insured was uncertain of the exact etiology of the pain and wanted to schedule an MRI; however, he decided to wait and to treat patient for gout since his labs were suggestive of gout. Patient did not return to see this insured until April 2004, with complaints of an ingrown toenail.He was next evaluated by insured?s partner and co-defendant, who treated him until July 9, 2004.Patient was last evaluated on 8/23/04 with complaints associated with his right hallux nail.Patient claims he suffered degenerative changes of the talonavicular joint and went on to subsequent surgery with another doctor.He alleges insured failed to diagnose the destructive processes involving his foot.Out expert believes it is significant that patient did not return with any pain complaints until approximately 9 months later, when he saw insured?s partner.In fact, when he saw insured in April, he did not complain about foot pain at all.He further believes that regardless of when the talonavicular collapse was diagnosed, patient would have ultimately needed surgery.In other words, any alleged delay in ordering an MRI and diagnosing the condition did not cause patient to undergo surgery that he would not have otherwise needed.
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
11/17/2005			2005-32000CICI
County Suit Filed in			Date of Final Disposition
Volusia			7/20/2009
Other Defendants Involved in this Claim
Rust, DPM, James W Atlantic Podiatry Associates, DPM, P.A.
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
7/23/2009

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$64,675

Loss Adjust Expense Paid to Defense Counsel

$59,954

All Other Loss Adjustment Expense Paid

$21,953

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

None - Specialty Code #80993

Updates

No updates found.

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

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Frequently Asked Questions

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

Dr. JAMES W RUST, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).