Dr. JERRY MARTEL, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. JERRY MARTEL, MD

8200 SW 117th Ave, Ste 110

Miami, FL

33183

Dade

Court Case # 13-34027 CA 32

Indemnity Paid: $250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201781795
Claim Number :	1016858-05
Date Submitted :	8/17/2017

Insurer Information

Insurer Name				Coverage Type
MEDICAL PROTECTIVE COMPANY (THE)				Primary
Insurer FEIN		Professional License Number
35-0506406
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Lynn			Louthan
Street Address
5814 Reed Road
City				State	Zip
Ft Wayne				IN	46835
Phone	Ext	Fax	E-Mail Address
(260) 486 - 0778			reportaclaim@medpro.com

Insured Information

Type	First Name		MI	Last Name
Individual	Jerry			Martel
Insurer Type		Street Address of Practice
Licensed		8200 SW 117th Ave Ste 110
City		State	Zip Code	County
Miami		FL	33183	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
767124		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME103922		Gastroenterology - Minor 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	Dade
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
BAPTIST HOSPITAL OF MIAMI		100008
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
8/17/2009		10/9/2014

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Colo-rectal issues
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Hospitalization with diagnostic testing
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Discharge without completing hematology consult
Principal Injury Giving Rise To The Claim
Stroke post discharge
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
9/26/2014			13-34027 CA 32
County Suit Filed in			Date of Final Disposition
Dade			4/10/2017
Other Defendants Involved in this Claim
Szomstein, MD, Marcos Ferrer, MD, Jose P Advanced Medical Specialties LLC Baptist Hospital of Miami Inc Marcos Szomstein MD PA Gastro Health PL dba Gastro Health Fein, MD, Steven G Oncology Hemato;ogy Radiation Care LLC dba Advanced Medical
Stage of Legal System at which Settlement was Reached or Award Made
During trial, but before court verdict.
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment
4/10/2017

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$250,000

Loss Adjust Expense Paid to Defense Counsel

$54,664

All Other Loss Adjustment Expense Paid

$20,103

Injured Person's Total Non-Economic Loss

$137,500

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

n/a

Updates

Date of Change:

8/17/2017 1:49:56 PM

Reason for Change:

ALE UPDATE 8/17/2017

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	47769	54664
All Other Loss Adjustment Expense Paid	18020	20103

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Court Case #

Indemnity Paid: $0.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201472357
Claim Number :	1013181-01
Date Submitted :	2/13/2015

Insurer Information

Insurer Name				Coverage Type
MEDICAL PROTECTIVE COMPANY (THE)				Primary
Insurer FEIN		Professional License Number
35-0506406
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Susan		K	Spielman
Street Address
5814 Reed Road
City				State	Zip
Fort Wayne				IN	46835
Phone	Ext	Fax	E-Mail Address
(260) 486 - 0340			reportaclaim@medpro.com

Insured Information

Type	First Name		MI	Last Name
Individual	Jerry			Martel
Insurer Type		Street Address of Practice
Licensed		8200 SW 117th Ave, Ste 110
City		State	Zip Code	County
Miami		FL	33183	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
767124		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME103922		Gastroenterology - Minor 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	Dade
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
BAPTIST HOSPITAL		100093
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
12/12/2011		4/23/2013

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Abdominal pain / constipation
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Physical exams; recommended consults
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Allege failure to timely recognize and diagnose small bowel obstruction
Principal Injury Giving Rise To The Claim
Massive small bowel necrosis resulting in loss of most of small intestine
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
			*NR
County Suit Filed in			Date of Final Disposition
*NR			9/30/2014
Other Defendants Involved in this Claim
Morales MD, Pedro Miami Gastroenterology Associates LLC
Stage of Legal System at which Settlement was Reached or Award Made
Within the pre-suit period as set forth in 766.106 (more than 90 days before suit is filed).
Final Method of Claim Disposition
Dropped before Action Filed
Court Decision			Other
Other			Not Pursued
Arbitration
Claim not subject to Arbitration.
Date of Payment

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Indemnity Paid by Insurer on behalf of Insured

Loss Adjust Expense Paid to Defense Counsel

$12,800

All Other Loss Adjustment Expense Paid

$3,282

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

N/A

Updates

Date of Change:

2/13/2015 10:47:32 AM

Reason for Change:

ALE UPDATE

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	12709	12800

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

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Frequently Asked Questions

Does Dr. JERRY MARTEL, MD have any medical malpractice cases, lawsuits, or complaints?

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

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