Dr. JOSE E ROJAS, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. JOSE E ROJAS, MD

1855 MEDICAL DRIVE

TITUSVILLE, FL

32796

Brevard

Court Case # 05-2010CA006452

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201058497
Claim Number :	09-0037A
Date Submitted :	9/10/2010

Insurer Information

Insurer Name				Coverage Type
PHYSICIANS PROFESSIONAL LIABILITY RISK RETENTION GROUP, INC.				Primary
Insurer FEIN		Professional License Number
33-1010508
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Jack			Heda
Street Address
1806 N. Flamingo Road, Suite 339
City				State	Zip
Pembroke Pines				FL	33028
Phone	Ext	Fax	E-Mail Address
(954) 985 - 1165		(954) 212 - 0178	jo@pplrrg.com

Insured Information

Type	First Name		MI	Last Name
Individual	JOSE		E	ROJAS
Insurer Type		Street Address of Practice
Licensed		1855 Jess Parrish CT
City		State	Zip Code	County
Titusville		FL	32796	Brevard
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
103747		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME36844		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
			F	Brevard
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
WUESTHOFF MEMORIAL HOSPITAL, INC.		100092
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
3/27/2009		9/23/2009

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient sought treatment for spinal stenosis and spondylolisthesis.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Patient entered hospital for an elective surgical procedure, a laminectomy L3-4, L4-5, L5-S1, posterior interbody fusion, cages, pedicle screws and allograft by Dr. Rojas.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
During surgery, while using the burr to prepare the pedicle, the burr slipped and went into the dural space. The intra-operative somatosensory monitoring report noted that the right side posterior tibial somatosensory responses were lost after the dural tear. There was nerve damage by the high speed burr. It's alleged patient suffered a dural tear resulting in neurological deficits, foot drop and neurogenic bladder.
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
1/21/2010			05-2010CA006452
County Suit Filed in			Date of Final Disposition
Brevard			8/30/2010
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
9/1/2010

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

$2,514

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

N/A

Updates

Date of Change:

9/10/2010 11:44:31 AM

Reason for Change:

The incorrect settlement amount was previously entered.

Field Changed	Former Value	New Value
Indemnity Paid	225000	250000

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

This page is not displaying certain sensitive information.

Court Case # 05-2001-CA-005865

Indemnity Paid: $85,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200643145
Claim Number :	16934-01
Date Submitted :	11/14/2006

Insurer Information

Insurer Name				Coverage Type
AMERICAN PHYSICIANS ASSURANCE CORPORATION				Primary
Insurer FEIN		Professional License Number
38-2102867
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Nancy			Kirsch
Street Address
327 Plaza Real, Suite 319
City				State	Zip
Boca Raton				FL	33432
Phone	Ext	Fax	E-Mail Address
(561) 362 - 3332		(561) 417 - 6125	nkirsch@acaponline.com

Insured Information

Type	First Name		MI	Last Name
Individual	JOSE		E	ROJAS
Insurer Type		Street Address of Practice
Licensed		1855 MEDICAL DRIVE
City		State	Zip Code	County
TITUSVILLE		FL	32796	Brevard
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
126886		$500,000		$1,500,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME36844		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	Brevard
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
PARRISH MEDICAL CENTER		100028
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
1/5/1999		8/16/2000

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
SEVERE AND PAINFUL ARTHRITIS, BOTH KNEES.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
BILATERAL KNEE JOINT REPLACEMENT
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
IT IS ALLEGED THAT INSURED FAILED TO PROPERLY MONITOR THE PATIENT FOR THE DEVELOPMENT OF DEEP VEIN THROMBOSIS AND FAILED TO MAINTAIN PROPER ANTICOGULATION THERAPY WHICH ALLEGEDLY RESULTED IN A FATAL PULMONARY EMBOLUS.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
1/18/2001			05-2001-CA-005865
County Suit Filed in			Date of Final Disposition
Brevard			11/14/2006
Other Defendants Involved in this Claim
JOSEPH ROJAS, MD. P.A.
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
11/8/2006

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$85,000

Loss Adjust Expense Paid to Defense Counsel

$17,132

All Other Loss Adjustment Expense Paid

$11,775

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

Insured consulted with claims personnel and defense counsel.$85,000 was paid in full and final settlement of all claims on behalf of the insured.

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.

Frequently Asked Questions

Does Dr. JOSE E ROJAS, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. JOSE E ROJAS, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).