Dr. JOHN CHAN, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. JOHN CHAN, MD

2727 W. Dr. Martin Luther King Jr. Blvd. Suite 320

Tampa, FL

33607

Hillsborough

Court Case # 14-CA-00177

Indemnity Paid: $1,100,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201575597
Claim Number :	2014-08-221-004
Date Submitted :	8/24/2015

Insurer Information

Insurer Name				Coverage Type
LEXINGTON INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
25-114949
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Amy		A	Villareal
Street Address
16255 Bay Vista Drive
City				State	Zip
Tampa				FL	33760
Phone	Ext	Fax	E-Mail Address
(727) 519 - 1274			amy.villareal@baycare.org

Insured Information

Type	First Name		MI	Last Name
Individual	John			Chan
Insurer Type		Street Address of Practice
Self-Insurer		4902 Eisenhower Blvd, Suite 300
City		State	Zip Code	County
Tampa		FL	33634	Pinellas
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
112-31-714		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME73332		Surgery - Orthopedic

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	Hillsborough
City			State	Zip Code

Location where injury occured		Other location where injury occured
Physician's Office
Name of Institution		Code
N/A		000000
Location of Institutional Injury		Other Location of Institutional Injury
Other		Physician's Office
Date of Occurrence		Date Reported to Insurer
3/15/2010		3/13/2014

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Alleged failure to obtain additional diagnostic studies regarding knee tumor resulting in delay in diagnosis.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Failure to DX malignant tumor of knee
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Doubling of tumor size requiring total knee replacement and radiation
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
7/16/2014			14-CA-00177
County Suit Filed in			Date of Final Disposition
Hillsborough			7/14/2015
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
7/14/2015

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$1,100,000

Loss Adjust Expense Paid to Defense Counsel

$200

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

Any risk issues have been/will be addressed.

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.

Court Case # 11-01676

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201264095
Claim Number :	2010-08-222-011
Date Submitted :	6/13/2012

Insurer Information

Insurer Name				Coverage Type
LEXINGTON INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
25-114949
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Amy		A	Villareal
Street Address
16255 Bay Vista Drive
City				State	Zip
Tampa				FL	33760
Phone	Ext	Fax	E-Mail Address
(727) 519 - 1274			amy.villareal@baycare.org

Insured Information

Type	First Name		MI	Last Name
Individual	John			Chan
Insurer Type		Street Address of Practice
Self-Insurer		2727 W. Dr. Martin Luther King Jr. Blvd. Suite 320
City		State	Zip Code	County
Tampa		FL	33607	Hillsborough
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
839-6467		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME73332		Surgery - Orthopedic

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	Highlands
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
SAINT JOSEPH'S HOSPITAL		100075
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
8/13/2008		10/19/2010

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
On August 13, 2008, a 63-year-old male was admitted by Dr. Michael Buscemi to St. Joseph's Hospital for a total right knee replacement. Previous medical history included minimal non-obstructive coronary artery disease, cardiac catheterization in 2004, with normal left ventricular function, ejection fraction 55% in 2005, chronic bundle branch block, hypertension, severe obesity.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
On August 13, 2008, a total right knee replacement procedure was performed by Dr. Buscemi. Dr. Buscemi followed up with the patient through August 15, 2008 and at that time, the patient was seen and was doing well. The right knee dressings were changed and the incision was okay, he was moving toes/ankle well, could increase activity and was Okay to discharge home the following day. In the morning of August 16, 2008 the patient was seen and evaluated by Diana Hashaw, ARNP. The patient was nauseous, no vomiting, reported flatus, was afebrile with stable vital signs. Patients abdomen was noted to be obese and with positive bowel sounds. Patients was complaining of constipation and orders were written by Hashaw for Dulcolax suppository if no results, Fleets enema and the patient could be discharged home that afternoon if he had no further nausea or vomiting. In the early afternoon, patient was still experiencing constipation and requested an order for Donnatal, which he had used in the past with positive results. A call was made to Dr. Chan, who was covering for Dr. Buscemi, and an order was then give for Donnatal, one time only. In the early evening patient stated that he was having difficulty breathing. Saturations were 72% on room air. Patient was started on 3 liters of oxygen and his saturation increased to 94%. A page was made to Dr. Chan who gave orders to transfer the patient to telemetry, consult cardiology, consult pulmonology, obtain a STAT CT chest to rule out pulmonary embolism and obtain bilateral lower extremity ultrasound Doppler to rule out DVT. Before the orders could be carried out, patient suddenly became nauseous, began vomiting profusely and coded. Patient was resuscitated and transferred to ICU. Shortly after transfer, he coded again, the family made him DNR and he expired shortly after.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
It is alleged failure to appropriately diagnose a developing bowel obstruction, and to obtain appropriate consults and diagnostic tests, resulting in the 63-year-old males death. There was no autopsy performed to confirm whether patient actually had a small bowel obstruction.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
2/17/2011			11-01676
County Suit Filed in			Date of Final Disposition
Hillsborough			4/25/2012
Other Defendants Involved in this Claim
St. Joseph's Hospital Orthopedic Associates of Tampa Buscemi, MD, Michael Hashaw, ARNP, Diana
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
5/21/2012

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

$97,977

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

Any risk issues identified in this case have been/will be addressed by assigned counsel with insured physician.

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.

Court Case #

Indemnity Paid: $0.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201887105
Claim Number :	2017-08-675-014
Date Submitted :	11/21/2018

Insurer Information

Insurer Name				Coverage Type
LEXINGTON INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
25-114949
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Kaye			Monello
Street Address
2985 Drew Street
City				State	Zip
Clearwater				FL	33759
Phone	Ext	Fax	E-Mail Address
(727) 754 - 9268		(727) 519 - 1276	kaye.monello@baycare.org

Insured Information

Type	First Name		MI	Last Name
Individual	John			Chan
Insurer Type		Street Address of Practice
Self-Insurer		2727 Dr. Martin Luther King, Jr. Blvd. Ste. 320
City		State	Zip Code	County
Tampa		FL	33607	Hillsborough
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
120-73-195		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME73332		Surgery - Orthopedic

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	Hillsborough
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
SAINT JOSEPH'S HOSPITAL		100075
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
11/11/2014		3/8/2017

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Alleged Post-op complications from left total knee replacement.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Revision of the left total knee replacement.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Having to undergo a second procedure for a revision of the left total knee replacement and back pain.
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			4/17/2018
Other Defendants Involved in this Claim

Stage of Legal System at which Settlement was Reached or Award Made
Claim or suit abandoned.
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

$18,352

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

Any risk issues were addressed.

Updates

No updates found.

Frequently Asked Questions

Does Dr. JOHN CHAN, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. JOHN CHAN, MD has at least 3 medical malpractice case(s), lawsuit(s), or complaint(s).

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