Dr. LUCIANO A MARTINEZ, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. LUCIANO A MARTINEZ, MD

4129 N ARMENIA AVE

TAMPA, FL

33607

Hillsborough

Court Case # 05-07198

Indemnity Paid: $15,000,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200849368
Claim Number :	133484
Date Submitted :	8/17/2009

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	Luciano		A	Martinez
Insurer Type		Street Address of Practice
Licensed		4129 North Armenia Avenue
City		State	Zip Code	County
Tampa		FL	33607	Hillsborough
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP40379		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME32863		Surgery - Obstetrics - Gynecology		00000

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	Hillsborough
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
SAINT JOSEPH'S HOSPITAL		100075
Location of Institutional Injury		Other Location of Institutional Injury
Labor and Delivery Room
Date of Occurrence		Date Reported to Insurer
9/7/2003		10/1/2004

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Termination of pregnancy.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged delayed cesarean section.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged fetal distress.
Principal Injury Giving Rise To The Claim
Neurological damage to infant.
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
8/16/2005			05-07198
County Suit Filed in			Date of Final Disposition
Hillsborough			2/14/2008
Other Defendants Involved in this Claim
Leon & Martinez, M.D.'s, P.A. St. Joseph's Hospital, Inc. d/b/a St. Joseph's Women's Hosp
Stage of Legal System at which Settlement was Reached or Award Made
During appeal.
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
Judgment for the plaintiff.
Arbitration
Claim not subject to Arbitration.
Date of Payment
4/1/2008

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$15,000,000

Loss Adjust Expense Paid to Defense Counsel

$279,296

All Other Loss Adjustment Expense Paid

$171,356

Injured Person's Total Non-Economic Loss

$15,000,000

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:

6/20/2008 12:26:17 PM

Reason for Change:

Report updated to reflect additional legal fees and expenses paid.

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	162250	168345
Amount of Loss Adjustment Expense Paid to Defense Counsel	272927	275271

Date of Change:

8/17/2009 9:34:20 AM

Reason for Change:

Report updated to reflect additional legal fees and expenses paid.

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	168345	171356
Amount of Loss Adjustment Expense Paid to Defense Counsel	275271	279296

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Court Case #

Indemnity Paid: $250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201575393
Claim Number :	2008-09-202-010
Date Submitted :	7/30/2015

Insurer Information

Insurer Name				Coverage Type
LEXINGTON INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
25-114949
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Amy		A	Villareal
Street Address
16255 Bay Vista Drive
City				State	Zip
Tampa				FL	33760
Phone	Ext	Fax	E-Mail Address
(727) 519 - 1274			amy.villareal@baycare.org

Insured Information

Type	First Name		MI	Last Name
Individual	Luciano			Martinez
Insurer Type		Street Address of Practice
Self-Insurer		2727 W. Dr. MLK Jr. Blvd.
City		State	Zip Code	County
Tampa		FL	33706	Hillsborough
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
805-5836		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME32863		Surgery - Obstetrics - Gynecology

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
SAINT JOSEPH'S HOSPITAL		100075
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
12/22/2008		12/24/2008

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Delivery of full term infant
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged failure to perform C-section, manage pre delivery diabetes, resulting in shoulder injury at delivery
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Brachial plexus injury
Severity Of Injury
Temporary: Major - Burns, surgical material left, drug side effect, brain damage. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
			*NR
County Suit Filed in			Date of Final Disposition
*NR			6/23/2015
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
6/23/2015

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

$144,682

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

Any risk issues have been/will be addressed.

Updates

No updates found.

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

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Court Case # 04-00103

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200537824
Claim Number :	124216
Date Submitted :	4/9/2009

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type		Entity Name
Entity		ProNational Insurance Company
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	Luciano		A	Martinez
Insurer Type		Street Address of Practice
Licensed		4129 N ARMENIA AVE
City		State	Zip Code	County
TAMPA		FL	33607	Hillsborough
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP40379		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME32863		Surgery - Obstetrics - Gynecology		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	Hillsborough
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Outpatient Facility		Tampa Outpatient Surgical Facility, Inc.
Name of Institution		Code
N/A		000000
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
7/9/2003		7/10/2003

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Fertility.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Tubal ligation.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis.
Principal Injury Giving Rise To The Claim
During laproscopic tubal ligation, there was an injury to the iliac artery and vein which resulted in the patient's death.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
1/21/2004			04-00103
County Suit Filed in			Date of Final Disposition
Hillsborough			10/5/2005
Other Defendants Involved in this Claim
Leon & Martinez, M.D.s, P.A. Tampa Outpatient Surgical Facility, Inc. Robinson, Frederick M North Pinellas Anesthesia Associates, 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
10/24/2005

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

$31,314

All Other Loss Adjustment Expense Paid

$24,698

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

Updates

Date of Change:

4/9/2009 9:33:26 AM

Reason for Change:

Report updated to reflect additional legal fees and expenses paid.

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	30688	31314
All Other Loss Adjustment Expense Paid	24589	24698

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Frequently Asked Questions

Does Dr. LUCIANO A MARTINEZ, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. LUCIANO A MARTINEZ, MD has at least 3 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases