Medical Malpractice Cases

Dr. JUSTIN RAFAEL, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address
Dr. JUSTIN RAFAEL, MD
8900 North Kendall Drive
US

Court Case #

Indemnity Paid: $250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201988869
Claim Number : SAM-IG-008346
Date Submitted : 5/22/2019
 
Insurer Information
 
Insurer Name Coverage Type
SAMARITAN RISK RETENTION GROUP, INC. Primary
Insurer FEIN Professional License Number
20-3433505  
Insurer Contact Information
Type First Name MI Last Name
Individual NANCY   CARR
Street Address
11440 SW 88th STREET
City State Zip
MIAMI FL 33176
Phone Ext Fax E-Mail Address
(305) 274 - 4070   (305) 274 - 2701 carol.lobacz@nccrms.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJustin Rafael
Insurer TypeStreet Address of Practice
Licensed8900 North Kendall Drive
CityStateZip CodeCounty
MiamiFL33176Dade
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
SPL 1065$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME114125Radiology - Diagnostic - No Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MMonroe
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Outpatient Facility 
Name of InstitutionCode
HOMESTEAD HOSPITAL (DADE)100125
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
4/26/20181/3/2019
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Gastroenteritis.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
There was no operation, diagnostic or treatment procedure rendered causing the alleged injury.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Gastroenteritis/appendicitis.
Principal Injury Giving Rise To The Claim
Patient with alleged allergy to iodine underwent a CT of the abdomen without contrast. This practitioner reported that the study was limited because contrast was not given. Nine days after seen in the ED, the patient was diagnosed with a ruptured appendix resulting in an open exploratory laparotomy with small bowel resection and appendectomy. The claimant's attorney alleged a failure to report a non-perforated appendicitis. Even though the study was limited, a business decision was made to settle this case without an admission of liability to avoid protracted litigation and to protect this practitioner from potential personal exposure.
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 SuitCircuit Court Case Number
 *NR
County Suit Filed inDate of Final Disposition
*NR5/20/2019
Other Defendants Involved in this Claim
Homestead Hospital
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
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
5/14/2019
 
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$10,871
All Other Loss Adjustment Expense Paid$5,717
Injured Person's Total Non-Economic Loss$250,000
Deductible$0
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
Physician discussed case with defense counsel and insurance personnel.
 
Updates
 
No updates found.

 

Court Case #

Indemnity Paid: $112,500.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201679451
Claim Number : SAM-IG-007026
Date Submitted : 8/18/2016
 
Insurer Information
 
Insurer Name Coverage Type
SAMARITAN RISK RETENTION GROUP, INC. Primary
Insurer FEIN Professional License Number
20-3433505  
Insurer Contact Information
Type First Name MI Last Name
Individual NANCY   CARR
Street Address
11440 SW 88th STREET
City State Zip
MIAMI FL 33176
Phone Ext Fax E-Mail Address
(305) 274 - 4070   (305) 274 - 2701 carol.lobacz@nccrms.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJustinMRafael
Insurer TypeStreet Address of Practice
Licensed8900 North Kendall Drive
CityStateZip CodeCounty
MiamiFL33176Dade
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
SPL 1064$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME114125Radiology - Diagnostic - No Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FDade
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Outpatient Facility 
Name of InstitutionCode
BAPTIST HOSPITAL100093
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
12/6/20143/7/2016
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Para-aortic paraganglioma.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
There was no operation, diagnostic or treatment procedure rendered causing the injury.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
There was no misdiagnosis of this patient.
Principal Injury Giving Rise To The Claim
The claimant's attorney alleged a failure to report a para-aortic paraganglioma resulting in a delay in treatment. This case was settled as a business decision without an admission of liability in order to avoid protracted litigation.
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 SuitCircuit Court Case Number
 *NR
County Suit Filed inDate of Final Disposition
*NR6/30/2016
Other Defendants Involved in this Claim
 
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
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
5/19/2016
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$112,500
Loss Adjust Expense Paid to Defense Counsel$830
All Other Loss Adjustment Expense Paid$7,628
Injured Person's Total Non-Economic Loss$112,500
Deductible$0
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
Not applicable.
 
Updates
 
No updates found.

 

 

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

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Frequently Asked Questions

Does Dr. JUSTIN RAFAEL, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. JUSTIN RAFAEL, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).

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