Dr. JOEL A DAVID, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. JOEL A DAVID, MD

1099-20 SAN JOSE BLVD

JACKSONVILLE, FL

32257

Duval

Summary

Dr. Joel A David, a dentist, faced a malpractice claim after a patient was dissatisfied with dental bridge and crown work, leading to a lawsuit. The patient alleged improper fit and refused adjustments, opting for replacement by another dentist. The claim concluded with a $22,000 settlement by Fortress Insurance Company, focusing on improving patient service to prevent future claims. No physical injury was reported.

Court Case # 2005-CA-003269

Indemnity Paid: $22,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200744579
Claim Number :	700594
Date Submitted :	2/27/2007

Insurer Information

Insurer Name				Coverage Type
FORTRESS INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
36-4159841
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Becky			Sanders
Street Address
6133 N. River Road, Suite 650
City				State	Zip
Rosemont				IL	60018
Phone	Ext	Fax	E-Mail Address
(847) 653 - 8841		(847) 653 - 8845	Becky.Sanders@fortressins.com

Insured Information

Type	First Name		MI	Last Name
Individual	Joel		A	David
Insurer Type		Street Address of Practice
Licensed		1099-20 SAN JOSE BLVD
City		State	Zip Code	County
JACKSONVILLE		FL	32257	Duval
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
32740		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Dentistry
License Number		Specialty Code & Classification		Certification Number
DN8140		Dentists

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Duval
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
5/7/2003		8/6/2004

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient presented indicating she was not pleased with the fit of her preexisting dental bridge nor the appearance of her existing crown and bridge work. She asked for them to be replaced with whiter, more attractive prosthetic teeth and agreed to have the cosmetic dental work performed.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
The insured dentist replaced the cantilever bridge from teeth #2-14 and replaced several crowns.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Patient alleges that the bridge and crowns did not fit properly following the work done, and refused to have the insured dentist make adjustments to her crowns that he recommended could be done in order to aesthetically please her.
Principal Injury Giving Rise To The Claim
No injury occurred.The patient's subsequent dentist replaced all of the crowns and bridge that were placed by the insured dentist without taking more conservative measures to remedy her complaints first.Defense experts were supportive of the dental care provided by the insured dentist.
Severity Of Injury
Emotional Only - Fright, no physical damage

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
5/6/2005			2005-CA-003269
County Suit Filed in			Date of Final Disposition
Duval			2/27/2007
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
2/9/2007

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$22,000

Loss Adjust Expense Paid to Defense Counsel

$22,404

All Other Loss Adjustment Expense Paid

Injured Person's Total Non-Economic Loss

$4,700

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$12,000	$5,300
Wage Loss	$0	$0
Other Expenses	$0	$0

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

Risk management consultation with the Fortress claims department regarding how to better improve patient/customer service to avoid further claims of this nature.

Updates

No updates found.

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Court Case #

Indemnity Paid: $0.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201782675
Claim Number :	1040403-01
Date Submitted :	3/7/2018

Insurer Information

Insurer Name				Coverage Type
FLORIDA MEDICAL MALPRACTICE JUA				Primary
Insurer FEIN		Professional License Number
59-1625412
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		(260) 486 - 0782	Lynn.Louthan@MEDPRO.COM

Insured Information

Type	First Name		MI	Last Name
Individual	Joel		A	David
Insurer Type		Street Address of Practice
Licensed		1099-54 San Jose Blvd
City		State	Zip Code	County
Jacksonville		FL	32223	Duval
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
FL010740		$250,000		$750,000
Profession or Business			Other Profession or Business
Dentistry
License Number		Specialty Code & Classification		Certification Number
DN8140		Dentists - NOC classification.

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	Duval
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
1/27/2015		1/19/2017

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Dental decline
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
implants
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
inadequate bone density for same
Principal Injury Giving Rise To The Claim
removal of implants/redo necessary
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
			*NR
County Suit Filed in			Date of Final Disposition
*NR			7/6/2017
Other Defendants Involved in this Claim
Joel A David & Associates PA
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
No Payment Made
Court Decision			Other
No Court Proceedings.
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

$4,737

All Other Loss Adjustment Expense Paid

$715

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:

1/30/2018 2:06:23 PM

Reason for Change:

ALE UPDATED

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	4	715
Amount of Loss Adjustment Expense Paid to Defense Counsel	2713	4737

Date of Change:

3/7/2018 3:05:43 PM

Reason for Change:

updated patient gender

Field Changed	Former Value	New Value
Injured Person Gender	M	F

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

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Dr. JOEL A DAVID, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).

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