Dr. KURT R MAYBERRY, MD Medical Malpractice Cases, Lawsuits, and Complaints

Add Your Comments

Phycicians Practice Address

Dr. KURT R MAYBERRY, MD

1051 Winderley Place, Suite 103

Maitland, FL

32751

Orange

Court Case # CI-01MP2238

Indemnity Paid: $1,117,665.00

Medical Malpractice Closed Claims Report

Department File Number :	M200642073
Claim Number :	119953
Date Submitted :	8/12/2009

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type		Entity Name
Entity		PROASSURANCE INDEMNITY COMPANY, INC.
Street Address
13919 Carrollwood Village Run
City				State	Zip
Tampa				FL	33618
Phone	Ext	Fax	E-Mail Address
(813) 969 - 2010		(813) 969 - 2120	SNorris@ProAssurance.com

Insured Information

Type	First Name		MI	Last Name
Individual	Kurt		R	Mayberry
Insurer Type		Street Address of Practice
Licensed		1343 MORNINGSIDE DR
City		State	Zip Code	County
REXBURG		ID	83440-5081	Out of state
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
PNFL-3003709-00		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME78411		Emergency Medicine - No Major Surgery		00000

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Osceola
City			State	Zip Code

Location where injury occured		Other location where injury occured
Emergency Room
Name of Institution		Code
FLORIDA HOSPITAL-CELEBRATION HEALTH		23960017
Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
11/12/1999		8/1/2001

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Abdominal pain.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Exam, CBC, abdominal ultrasound and abdoominal X-ray performed indicated an ovarian cyst and ileum.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis.
Principal Injury Giving Rise To The Claim
Plaintiff suffered a ruptured appendix which was diagnosed ten days later.
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
12/20/2002			CI-01MP2238
County Suit Filed in			Date of Final Disposition
Osceola			8/15/2006
Other Defendants Involved in this Claim
Cortes-Belen, Ernesto FLORIDA EMERGENCY PHYSICIANS KANG & ASSOCIATES, M.D., P.A. Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital
Stage of Legal System at which Settlement was Reached or Award Made
After notice of appeal is filed or post judgment relief of action is required for recovery.
Final Method of Claim Disposition
Disposed of by Court
Court Decision			Other
Judgment for the plaintiff.
Arbitration
Claim not subject to Arbitration.
Date of Payment
4/23/2008

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$1,117,665

Loss Adjust Expense Paid to Defense Counsel

$109,315

All Other Loss Adjustment Expense Paid

$59,041

Injured Person's Total Non-Economic Loss

$1,117,665

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 has discussed case with insurance company personnel, medical experts and defense counsel.

Updates

Date of Change:

4/28/2008 10:25:09 AM

Reason for Change:

Updated to reflect indmenity payment, as well as additional legal fees and costs paid.

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	24568	61867
Indemnity Paid	0	1117665
Injured Person Total Non-Economic Loss	0	1117665
Settlement Reached	0	1
Amount of Loss Adjustment Expense Paid to Defense Counsel	49157	105530
Legal System Stage	After court verdict and prior to filing of notice of appeal.	After notice of appeal is filed or post judgment relief of action is required for recovery.
Court Decision	Judgment for the defendant.	Judgment for the plaintiff.

Date of Change:

8/12/2009 11:20:32 AM

Reason for Change:

Report updated to reflect additional legal fees paid, and reimbursement of costs.

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	61867	59041
Amount of Loss Adjustment Expense Paid to Defense Counsel	105530	109315

This page is not displaying certain sensitive information.

Court Case # 02-CA-9814

Indemnity Paid: $300,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200433150
Claim Number :	FEP-02-0009
Date Submitted :	10/12/2004

Insurer Information

Insurer Name				Coverage Type
EVEREST INDEMNITY INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
22-3520347
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Nancy			Thomas
Street Address
2000 West Sam Houston Parkway South, 19th Floor; One Briarlake Plaza
City				State	Zip
Houston				TX	77042-361
Phone	Ext	Fax	E-Mail Address
(713) 935 - 8868		(713) 461 - 8130	nancy_thomas@ajg.com

Insured Information

Type	First Name		MI	Last Name
Individual	Kurt		R	Mayberry
Insurer Type		Street Address of Practice
Licensed		1051 Winderley Place, Suite 103
City		State	Zip Code	County
Maitland		FL	32751	Orange
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
4700000006-021		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME78411		Emergency Medicine - No Major Surgery

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Orange
City			State	Zip Code

Location where injury occured		Other location where injury occured
Emergency Room
Name of Institution		Code
FLORIDA HOSPITAL-CELEBRATION HEALTH		23960017
Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
1/7/2001		6/7/2002

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Pregnant female presented with complaints of abdominal pain
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged failure to diagnose acute cholecystitis and gallstone pancreatitis resulting in delivery of baby via C-section.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
N/A
Principal Injury Giving Rise To The Claim
Death
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
10/16/2002			02-CA-9814
County Suit Filed in			Date of Final Disposition
Orange			10/5/2004
Other Defendants Involved in this Claim
Zittel, Gregory A Physician Associates of Florida, PA Florida Emergency Physicians Kang & Assoc. Florida Hospital - Celebration
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
3/22/2004

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$300,000

Loss Adjust Expense Paid to Defense Counsel

$70,899

All Other Loss Adjustment Expense Paid

$30,505

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

Unknown

Updates

No updates found.

This page is not displaying certain sensitive information.

One or more fields in this claim have failed internal data validation testing.

Frequently Asked Questions

Does Dr. KURT R MAYBERRY, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. KURT R MAYBERRY, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).