Dr. LUIS F ESPAILLAT, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. LUIS F ESPAILLAT, MD

723 US 27 SOUTH

SEBRING, FL

33870

Highlands

Court Case # GC04-416

Indemnity Paid: $150,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200432080
Claim Number :	19031-01
Date Submitted :	6/30/2008

Insurer Information

Insurer Name				Coverage Type
AMERICAN PHYSICIANS ASSURANCE CORPORATION				Primary
Insurer FEIN		Professional License Number
38-2102867
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Barbara		A	Evans
Street Address
1301 N. Hagadorn Road
City				State	Zip
East Lansing				MI	48823
Phone	Ext	Fax	E-Mail Address
(517) 324 - 6570		(517) 333 - 2806	bevans@apassurance.com

Insured Information

Type	First Name		MI	Last Name
Individual	LUIS		F	ESPAILLAT
Insurer Type		Street Address of Practice
Licensed		723 US 27 SOUTH
City		State	Zip Code	County
SEBRING		FL	33870	Highlands
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
125286		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME37822		Surgery - General		N/A

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Emergency Room
Name of Institution		Code
HIGHLANDS REGIONAL MEDICAL CTR.		100049
Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
7/14/2002		8/1/2002

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
PATIENT CAME TO ER FOR ABDOMINAL PAIN.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
IT IS ALLEGED INSURED FAILED TO OBTAIN ADEQUATE HISTORY, FAILED TO OBTAIN AND RECORD VITAL SIGNS AT INTERVALS AND FAILED TO PROPERLY DIAGNOSE AND TREAT.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
N/A
Principal Injury Giving Rise To The Claim
RESULTANT SHORTNESS OF BREATH, TROUBLE FOCUSING IN BOTH EYES, NUMBNESS TO RIGHT HIP AND KNEE.
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs.Includes non-disabling injuries.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
7/7/2004			GC04-416
County Suit Filed in			Date of Final Disposition
Highlands			6/20/2008
Other Defendants Involved in this Claim
Spindler, Richard G Sebring Hospital Management Associates, Inc. d/b/a Highlands Regional Medical Center
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
5/22/2008

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

$77,980

All Other Loss Adjustment Expense Paid

$59,037

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 consulted with defense counsel and claims personnel.$150,000 was paid in full and final settlement of all claims on behalf of the insured.

Updates

Date of Change:

5/9/2007 10:54:30 AM

Reason for Change:

OIR updating Historical Closed Claim data.

Field Changed	Former Value	New Value
Insured License Number	ME0037822	ME37822
Portal User Name	steffanie simon	Christine Sampson

Date of Change:

6/30/2008 2:33:48 PM

Reason for Change:

File was re-opened because suit was filed.File has now been closed with payment of a settlement.

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	0	59037
Indemnity Paid	0	150000
Injured Person Address Zip Code		33870
Injured Person Address County		Highlands
Injured Person Address City		Sebring
Injured Person Address Street		724 Racoon Lane
Settlement Reached	0	1
Defendant Entity Name		d/b/a Highlands Regional Medical Center
Portal User Name	Christine Sampson	steffanie simon
Insured Middle Initial		F
Insured Address Street	3780 US 27 SOUTH	723 US 27 SOUTH
Date of Final Disposition	19-JUL-04	20-JUN-08
No Other Defendants	1	0
Court Case Number		GC04-416
Legal System Stage	Within the pre-suit period as set forth in 766.106 (more than 90 days before suit is filed).	More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
County Suit Filed In		Highlands
Defendant Last Name		Spindler, Richard G
Defendant Entity Name		Sebring Hospital Management Associates, Inc.
Safety Management Steps Taken	INSURED CONSULTED WITH DEFENSE COUNSEL AND CLAIMS PERSONNEL REGARDING THIS MATTER.NO PAYMENT WAS MADE.	Insured consulted with defense counsel and claims personnel.$150,000 was paid in full and final settlement of all claims on behalf of the insured.
Injured Person Address State Code		FL
Amount of Loss Adjustment Expense Paid to Defense Counsel	0	77980

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Frequently Asked Questions

Does Dr. LUIS F ESPAILLAT, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. LUIS F ESPAILLAT, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).