Medical Malpractice Cases

Dr. LIUSKA MARISCAL, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address
Dr. LIUSKA MARISCAL, MD
751 Palm Drive
US

Court Case # 2014012774ca01

Indemnity Paid: $250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201677313
Claim Number : SM268949
Date Submitted : 2/25/2016
 
Insurer Information
 
Insurer Name Coverage Type
EVANSTON INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
36-2950161  
Insurer Contact Information
Type First Name MI Last Name
Individual CRYSTAL L ALSTONBAYTON
Street Address
4600 COX ROAD
City State Zip
GLEN ALLEN VA 23060
Phone Ext Fax E-Mail Address
(804) 864 - 3731   (855) 662 - 7535 CALSTONBAYTON@MARKELCORP.COM
 
Insured Information
 
TypeFirst NameMILast Name
IndividualLIUSKA MARISCAL
Insurer TypeStreet Address of Practice
Licensed12991 SW 112 ST
CityStateZip CodeCounty
MIAMIFL33186Dade
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
SM892609$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME95687Pediatrics - 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
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
OtherPHYSICIAN'S OFFICE - COMMUNITY MEDICAL
Date of OccurrenceDate Reported to Insurer
12/14/201112/3/2013
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
CLAIMANT PRESENTED TO DOCTOR WITH RASH, THEN RETURNED WITH FEVER, NASAL DISCHARGE, SORE THROAT AND PAIN TO TOUCH ON LT SIDE OF THROAT. AFTER ONE WEEK PT RETURNED WITH COMPLAINT OF LEFT EYE DRIFT.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
CLAIMANT PRESENTED TO THE INSURED AS A NEW PATIENT ON OCTOBER 19, 2011 WITH A RASH, AND DR MARISCAL ORDERED LABS. THE CLAIMANT RETURNED ON NOVER 3, 2011 WITH FEVER, CLEAR NASAL DISCHARGE, SORE THROAT ON LEFT SIDE AND PAINFUL TO TOUCH. SHE WAS GIVEN AMOXICILLIN AND ORDERED TOR ETURN IN ONE WEEK. ON NOVEMBER 10, 2011, THE FIRST NOTATION OF A COMPLAINT OF LEFT EYE DRIFT WAS NOTATED. VACCINATIONS WERE ORDERED AND AN OPHTHALMOLOGIC REFERRAL FOR A POSSIBLE DIAGNOSIS OF STRABISMUS. ON NOVEMBER 29, 2011 DR MARISCAL SIGNED OFF ON A REFERRAL FOR THE CLMT TO BE SEEN BY AN OPTHAMOLAGIST. ON DECEMBER 14, 2011 CLMT SAW OPTHAMOLOGIST WHO RECOMMENDED MRI D/T LT OPTIC NEUROPATHY. DR FAXED THIS INFO TO INSD ATTENTION DR GOMEZ WHO HAD NOT SEEN CLAIMANT BEFORE. NEITHER DR GOMEZ OR DR MARISCAL CLAIM TO HAVE SEEN THIS ORDER UNTIL JANUARY 2013. DR GOMEZ SAW CLMT ON SEPT 12, 2012 AS F/U FOR DIAGNOSIS OF STRABISMUS. DR NOTES MILD LATERAL DEVIATION OF LT EYE AND NO LESION. RECOMMENDED F/U WITH OPTHAMOLOGIST TO CONTINUE CARE WITH ADVISE AND COUNSEL TO CLMT¿S MOTHER. ON OCT 16, 2012 CLMT RETURNED TO INSD WITH FEVER FOR 3 DAYS, COUGH AND RUNNY NOSE. OTHER THAN ABNORAL NOTATION FOR LEFT EY AND NOTATION OF STRABISMUS NO MENTION OF BRAIN MRI OR STATUS OF F/U MADE. ON NOV 3, 2012 DR GOMEZ REQ REF TO OPTHAMOLOGIST FOR REEVAL. ON NOV 20, 2012 CLMT RETURNED TO DR MARISCAL FOR POOR SCHOOL PERFORMANCE. NOTATION MADE ABOUT LEFT EYE. NO MENTION OF REFERAL TO OPTHAMOLOGIST. VISIT FOR VACCINES AND PSYCH REFERRAL. ON DEC 6 2012 CLMT SEEN BY OPTHAMOLOGIST WHO FAXED REPORT TO DR GOMEZ RECOMMENDING MRI WITH RX. IT WAS STAMPED REC¿D ON DEC 11 2012 & PAPERWORK APPROVING THE MRI. IT WAS NOT UNTIL JAN 22, 2013 THE MRI WAS ORDERED BY THE OPTHAMOLOGIST WAS PERFORMED. A SELLAR/SUPRASELLAR MASS CONSISTENT WITH CRANIOPHARYNGIOMA WAS DISCOVERED. IT WAS CLASSIFIED AS NON-AGGRESSIVE NEOPLASM.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
NO MISDIAGNOSIS
Principal Injury Giving Rise To The Claim
ALLEGE FAILURE TO PROPERLY/TIMELY DIAGNOSE A BRAIN TUMOR IN A CHILD
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
5/15/20142014012774ca01
County Suit Filed inDate of Final Disposition
Dade7/27/2015
Other Defendants Involved in this Claim
ACCESS MEDICAL GROUP OF FLORIDA
BALLEN, ANN E
SEGAL, ALAN J
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
4/8/2015
 
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$68,657
All Other Loss Adjustment Expense Paid$3,928
Injured Person's Total Non-Economic Loss$0
Deductible$2,500
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
NONE
 
Updates
 
No updates found.

 

 

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Court Case # 14-012774 CA 01

Indemnity Paid: $150,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201575402
Claim Number : 59205301
Date Submitted : 7/31/2015
 
Insurer Information
 
Insurer Name Coverage Type
PHYSICIANS INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
13-4235490  
Insurer Contact Information
Type First Name MI Last Name
Individual Antrine   Long
Street Address
361 Hillsboro Blvd.
City State Zip
Deerfield Beach FL 33441
Phone Ext Fax E-Mail Address
(954) 788 - 5184   (954) 944 - 1382 along@picinsurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualLiuska Mariscal
Insurer TypeStreet Address of Practice
Licensed751 Palm Drive
CityStateZip CodeCounty
MiamiFL33157Dade
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
139364$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME95687Pediatrics - 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
Other Hospital/InstitutionNon applicable
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Othernon applicable
Date of OccurrenceDate Reported to Insurer
1/20/201212/13/2013
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
THE INSURED SAW THE PATIENT DUE TO A LAZY EYE
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
PATIENT WAS SEEN BY THE PATIENT DUE TO A LAZY EYE. THEINSURED REFERRED THE PATIENT TO AN OPTHALMOLOGIST.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
PATIENT WAS SEEN BY THE PATIENT DUE TO A LAZY EYE. THEINSURED REFERRED THE PATIENT TO AN OPTHALMOLOGIST. THECODEFENDANT ORDERED AN MRI. THE MRI SHOWED A BRAINTUMOR, BUT THE RESULTS WERE SENT TO THE INCORRECTFACILITY AND THE PATIENT WAS NOT INFORMED OF THEFINDINGS FOR OVER A YEAR.
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
5/19/201414-012774 CA 01
County Suit Filed inDate of Final Disposition
Dade6/8/2015
Other Defendants Involved in this Claim
Access Medical Group of FLorida
Community Medical Group
Ballen, M.D., Ann
Segal, M.D., James
MedEye Associates
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
6/11/2015
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$150,000
Loss Adjust Expense Paid to Defense Counsel$21,880
All Other Loss Adjustment Expense Paid$126
Injured Person's Total Non-Economic Loss$0
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
Revamp in follow up procedures for labs and tests run outside the insured's office.
 
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. LIUSKA MARISCAL, MD have any medical malpractice cases, lawsuits, or complaints?

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

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