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.

Delray Beach, FL

33444

Palm Beach

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 Name				Coverage Type
ESSEX INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
54-1132719
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Cherry		E	Radin
Street Address
Ten Parkway North
City				State	Zip
Deerfield				IL	60015
Phone	Ext	Fax	E-Mail Address
(847) 572 - 6085		(847) 572 - 6338	radin@markelcorp.com

Insured Information

Type	First Name		MI	Last Name
Individual	John		R	Westine
Insurer Type		Street Address of Practice
Licensed		250 Dixie Blvd.
City		State	Zip Code	County
Delray Beach		FL	33444	Palm Beach
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MM813304		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Dentistry
License Number		Specialty Code & Classification		Certification Number
DN3453		Dentists

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
BETHESDA MEMORIAL HOSPITAL		100002
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
6/29/2005		1/29/2008

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 Suit			Circuit Court Case Number
9/24/2008			50-2008-CA029665MB
County Suit Filed in			Date of Final Disposition
Palm Beach			2/23/2011
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 Decision			Other
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

Deductible

$5,000

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.

Updates

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Frequently Asked Questions

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

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