Department File Number : | M201576285 |
Claim Number : | 0AB121227 |
Date Submitted : | 11/10/2015 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
HOMELAND INSURANCE COMPANY OF NEW YORK | Primary | ||||
Insurer FEIN | Professional License Number | ||||
52-1568827 | |||||
Insurer Contact Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Mike | Clark | |||
Street Address | |||||
199 Scott Swamp Road | |||||
City | State | Zip | |||
Farmington | CT | 06032 | |||
Phone | Ext | Fax | E-Mail Address | ||
(860) 321 - 2544 | (877) 256 - 5067 | mclark@onebeaconpro.com |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | KYLE | R | GORMEZANO | ||
Insurer Type | Street Address of Practice | ||||
Licensed | P.O. Box 21179 | ||||
City | State | Zip Code | County | ||
Royal Palm Beach | FL | 33421 | Palm Beach | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
PHY081914 | $250,000 | $750,000 | |||
Profession or Business | Other Profession or Business | ||||
Medical Doctor | |||||
License Number | Specialty Code & Classification | Certification Number | |||
ME77760 | Radiology - Diagnostic - No Surgery |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
F | Palm Beach | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Emergency Room | |||||
Name of Institution | Code | ||||
WELLINGTON REGIONAL MEDICAL CENTER | 110010 | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Other | ER | ||||
Date of Occurrence | Date Reported to Insurer | ||||
12/20/2013 | 2/27/2015 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
The patient presented to the Wellington Medical Center Emergency Room in Wellington, Florida on the evening of December 20, 2013 with complaints of cough, sore throat and nasal congestion times 3 days. | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
The patient was evaluated by the hospital's Emergency Service and x-ray imaging of her chest was ordered as part of her general evaluation. An x-ray was performed several hours later and was read by Dr. Kyle Gormezano, who was the overnight Radiology Service attending. Dr. Gormezano communicated these findings, which specifically included a 4 cm mass-like density in the lower lobe of her left lung as well as a separate 1 cm nodule, in his final report that was electronically transmitted back to the emergency room. The emergency room attending acknowledged receipt of Dr. Gormezano's report prior to discharging the patient, and likewise, an electronic receipt of the report was confirmed within the patient¿s emergency room record. Dr. Gormezano did not directly evaluate the patient nor was he otherwise involved in any other of aspect of her care on December 20th. | |||||
Diagnostic Code : | |||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
The patient was discharged by the emergency room staff that same evening, however, several months later was diagnosed with metastatic disease in her left lung. As a result, she generally claimed that [all of] her physicians at Wellington Medical Center failed to appreciate and/or sufficiently communicate to her abnormalities that were identified on her December 20th x-ray. | |||||
Principal Injury Giving Rise To The Claim | |||||
She did not specifically criticize the substance of Dr. Gormezano's report, nor did she ever. contend that his reading was incorrect. Rather, she claimed that had additional imaging and follow-up been recommended after December 20th the advancement of her disease could have been avoided.Dr. Gormezano's care was independently reviewed by our board certified expert radiologist. Our expert determined that the patients December 20th chest x-ray imaging was appropriately read, interpreted and reported by Dr. Gormezano. In addition, and in accordance with both hospital and all recognized radiology care standards, Dr. Gormezano sufficiently transmitted these results to the emergency room staff who advised the patient as to their clinical significance prior to her discharge. Our expert executed a sworn affidavit in support of Dr. Gormezano during this pre-suit investigation. | |||||
Severity Of Injury | |||||
Permanent: Grave - Quadraplegia, severe brain damage, lifelong care or fatal prognosis. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
*NR | |||||
County Suit Filed in | Date of Final Disposition | ||||
*NR | 10/21/2015 | ||||
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 Decision | Other | ||||
No Court Proceedings. | |||||
Arbitration | |||||
Claim not subject to Arbitration. | |||||
Date of Payment | |||||
10/21/2015 |
Financial Information | |||||||||||||||||||||
Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
Indemnity Paid by Insurer on behalf of Insured | $50,000 | ||||||||||||||||||||
Loss Adjust Expense Paid to Defense Counsel | $15,699 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $0 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
Deductible | $0 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
| |||||||||||||||||||||
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
Unknown at this time. There are other co-defendant practitioners but we do not have their licensing data |
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.
Does Dr. KYLE R GORMEZANO, MD have any medical malpractice cases, lawsuits, or complaints?
Dr. KYLE R GORMEZANO, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).