Department File Number : | M201472838 |
Claim Number : | 2013486578 |
Date Submitted : | 12/4/2014 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
OCEANUS INSURANCE COMPANY, A RISK RETENTION GROUP | Primary | ||||
Insurer FEIN | Professional License Number | ||||
20-1066914 | |||||
Insurer Contact Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Karen | M | Richards | ||
Street Address | |||||
111 WestPort Plaza Drive, 9th Floor | |||||
City | State | Zip | |||
St. Louis | MO | 63146 | |||
Phone | Ext | Fax | E-Mail Address | ||
(314) 514 - 2570 | n/a | (562) 492 - 1865 | Karen.Richards@sedgwickcms.com |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | LUIS | E | VICIOSO PERALTA | ||
Insurer Type | Street Address of Practice | ||||
Licensed | 20900 Biscayne Blvd. | ||||
City | State | Zip Code | County | ||
Aventura | FL | 33180 | Dade | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
01-2012-170 | $250,000 | $750,000 | |||
Profession or Business | Other Profession or Business | ||||
Medical Doctor | |||||
License Number | Specialty Code & Classification | Certification Number | |||
ME112745 | Internal Medicine - Minor Surgery |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
M | Dade | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Hospital Inpatient Facility | |||||
Name of Institution | Code | ||||
AVENTURA HOSPITAL AND MEDICAL CTR. | 100131 | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Patients' Room | |||||
Date of Occurrence | Date Reported to Insurer | ||||
11/30/2012 | 7/18/2013 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
This patient was taken to Aventura Hospital via ambulance after a fall c/o pain to the back, head and neck with hand numbness. He was admitted by Dr. Vicioso. He was seen by orthopedics and cleared from an orthopedic standpoint. Neuro consult was suggested but not ordered as the patient was stable. He was discharged with instructions to return if his symptoms worsened and to return to his primary care dr. witin 3-5 days. He did not return to the hospital until 11/6/12 at which time he was c/o dysesthesia and paraparesis. | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
This patient was taken to Aventura Hospital via ambulance after a fall c/o pain to the back, head and neck with hand numbness. He was admitted by Dr. Vicioso. He was seen by orthopedics and cleared from an orthopedic standpoint. Neuro consult was suggested but not ordered as the patient was stable. He was discharged with instructions to return if his symptoms worsened and to return to his primary care dr. witin 3-5 days. He did not return to the hospital until 11/6/12 at which time he was c/o dysesthesia and paraparesis. | |||||
Diagnostic Code : | 001 | ||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
Alleges failure to timely diagnose a spinal cord injury. | |||||
Principal Injury Giving Rise To The Claim | |||||
Alleges failure to timely diagnose a spinal cord injury. Liability was strongly contested as the care and treatment rendered by Dr. Vicioso was within the standard of care. | |||||
Severity Of Injury | |||||
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
10/15/2013 | 13-032262 CA 01 | ||||
County Suit Filed in | Date of Final Disposition | ||||
Dade | 1/21/2014 | ||||
Other Defendants Involved in this Claim | |||||
Stage of Legal System at which Settlement was Reached or Award Made | |||||
Within 90 days of suit being filed. | |||||
Final Method of Claim Disposition | |||||
Settled by parties | |||||
Court Decision | Other | ||||
No Court Proceedings. | |||||
Arbitration | |||||
Claim not subject to Arbitration. | |||||
Date of Payment | |||||
1/15/2014 |
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 | $20,073 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $1,400 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $200,000 | ||||||||||||||||||||
Deductible | $0 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
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Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
Review risk management guidelines |
Updates | ||||||||||
Date of Change: | 12/4/2014 1:09:02 PM | |||||||||
Reason for Change: | Adding date suit filed, case # and county | |||||||||
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Department File Number : | M202091181 |
Claim Number : | 5120180724010 |
Date Submitted : | 1/21/2020 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
ASPEN SPECIALTY INSURANCE COMPANY | Primary | ||||
Insurer FEIN | Professional License Number | ||||
06-1463851 | |||||
Insurer Contact Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Antrine | D | Long | ||
Street Address | |||||
655 N. Franklin St., Ste. 1900 | |||||
City | State | Zip | |||
Tampa | FL | 33602 | |||
Phone | Ext | Fax | E-Mail Address | ||
(813) 222 - 4182 | (888) 239 - 2663 | along@bbprograms.com |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | LUIS | E | VICIOSO PERALTA | ||
Insurer Type | Street Address of Practice | ||||
Licensed | 20900 Biscayne Blvd | ||||
City | State | Zip Code | County | ||
Miami | FL | 33180 | Dade | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
MM006VJ17 | $250,000 | $750,000 | |||
Profession or Business | Other Profession or Business | ||||
Medical Doctor | |||||
License Number | Specialty Code & Classification | Certification Number | |||
ME112745 | Internal Medicine - No Surgery |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
M | Dade | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Hospital Inpatient Facility | |||||
Name of Institution | Code | ||||
AVMED HEALTH PLAN | 20910003 | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Patients' Room | |||||
Date of Occurrence | Date Reported to Insurer | ||||
11/23/2017 | 7/24/2018 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
Patient presented with complaints of left-sided numbness and neck and ringing in his left ear. Imaging was obtained and indicated cerebral stenosis and occlusion in proximal basilar artery. NIH stroke progressively increased. Patient subsequently suffered a thrombotic stroke. | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
A cerebellar decompression and ventriculostomy was performed. | |||||
Diagnostic Code : | |||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
Plaintiff alleged Negligence in that Insured failed to timely diagnose Patient's condition and recognize Patient's deteriorating condition and evolving stroke. Plaintiffs allege Insured failed to appropriately order consults and review diagnostic diagnosis and monitor nursing notes. | |||||
Principal Injury Giving Rise To The Claim | |||||
Patient subsequently suffered a thrombotic stroke and remained in a vegetative state until his death. | |||||
Severity Of Injury | |||||
Permanent: Death. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
6/7/2019 | 2019-005580CA08 | ||||
County Suit Filed in | Date of Final Disposition | ||||
Dade | 12/27/2019 | ||||
Other Defendants Involved in this Claim | |||||
Pereira, Edgard Kreger, MD, Howard Fernandez Pedemonte, MD, Cesar Stafford, Chenelle Neurology Group of South Florida, Inc Vicioso Medical & Addiction Services, LLC Kennedy, Nikkera Fernandez Medical Care Solutions, LLC Molina Inpatient Services, Inc. | |||||
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 | ||||
Other | Dismissed due to settlement | ||||
Arbitration | |||||
Claim not subject to Arbitration. | |||||
Date of Payment | |||||
12/11/2019 |
Financial Information | |||||||||||||||||||||
Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
Indemnity Paid by Insurer on behalf of Insured | $225,000 | ||||||||||||||||||||
Loss Adjust Expense Paid to Defense Counsel | $8,017 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $0 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
Deductible | $7,500 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
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Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
Insured plans to continue to monitor his staff and order consults when required |
Updates | |
No updates found. |
Does Dr. LUIS E VICIOSO PERALTA, MD have any medical malpractice cases, lawsuits, or complaints?
Dr. LUIS E VICIOSO PERALTA, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).