Medical Malpractice Cases

Dr. JOHN R WESTINE, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address
Dr. JOHN R WESTINE, MD
250 Dixie Blvd.
US

Court Case # 50-2008-CA029665MB

Indemnity Paid: $110,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201160845
Claim Number :MM248124
Date Submitted :6/17/2011
 
Insurer Information
 
Insurer NameCoverage Type
ESSEX INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
54-1132719 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualCherry ERadin
Street Address
Ten Parkway North
CityStateZip
DeerfieldIL60015
PhoneExtFaxE-Mail Address
(847) 572 - 6085 (847) 572 - 6338[email protected]
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJohnRWestine
Insurer TypeStreet Address of Practice
Licensed250 Dixie Blvd.
CityStateZip CodeCounty
Delray BeachFL33444Palm Beach
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
MM813304$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Dentistry 
License NumberSpecialty Code & ClassificationCertification Number
DN3453Dentists 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MPalm Beach
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
BETHESDA MEMORIAL HOSPITAL100002
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
6/29/20051/29/2008
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
The patient had a longstanding history of malocclusion and crossbite with pain and discomfort. The patient was advised by the insured dentist to undergo orthodontic treatment and orthognathis surgery.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
The insured dentist documented the center point was off 2 to 3 mm to the left, pain in the right ear and TMJ signs and symptoms. THe treatment plan called for advancing of the maxilla through La Forte osteotomy. At that time the insured dentist curettaged and biopsied chronic infected tissue within the sinus. Mucosal retention cysts and granulated tissue was also removed. The insured dentist also used some calcium phosphate cement to fill a void just inferior to the orbit. After several aeeks the implant material was rejected and had become infected. This was removed, and approximately 10 days later the insured dentist diagnosed a relapse. The occlusion was re-established. There was a bone graft approximately four months following, and at that time an open occlusion was noted. Approximately five months following the insured dentist visited with the patient's orthodontic referral and was advised the patient had not presented for a consultation. The insured dentist followed up with the patient to advise him of the risk of relapse and that he needed to have his sinus endoscoped. There was a result of a non-union of the maxillary osteotomy with formation of fibrous tissue. There was a second procedure which removed that fbrous material and replaced it with bone harvested from the right hip.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
The patient alleged he was negligently determined to be an appropriate candidate for orthognathic surgery, that the insured dentist failed to obtain complete cephalometric tracings and analysis. The patient has had complaints of facial fullness and lack of occlusion in addition to chronic pain.
Severity Of Injury
Temporary: Major - Burns, surgical material left, drug side effect, brain damage.Recovery delayed.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
9/24/200850-2008-CA029665MB
County Suit Filed inDate of Final Disposition
Palm Beach2/23/2011
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
2/16/2011
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$110,000
Loss Adjust Expense Paid to Defense Counsel$59,160
All Other Loss Adjustment Expense Paid$5,250
Injured Person's Total Non-Economic Loss$0
Deductible$5,000
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
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.
 
Updates
 
No updates found.

 

 

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Dr. JOHN R WESTINE, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).

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